Long, et al. v. Safeway, Inc.

What is the Lawsuit About?

Plaintiffs Pauline Long and Marsha Hayes (collectively, the “Class Representatives”) allege that Safeway, Inc. improperly charged customers a surcharge on certain non-grocery items at the Safeway stores located within the City of Portland between September 9, 2019 and July 22, 2020, relating to the 1% Clean Energy Surcharge that the City of Portland enacted in 2019. Safeway denies all allegations of wrongdoing, and the Court has not determined who is right. Rather, the Parties have agreed to settle the Lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

How do I know if I am part of the Settlement?

If you purchased certain non-grocery items at a Safeway store located within the City of Portland and were charged a surcharge on non-grocery items, then you may be member of the Settlement Class.

What Does the Settlement Provide?

If approved, a Settlement Fund will be created totaling up to $8,750,000.00. Settlement Class Member cash payments will come out of this Settlement Fund. The Defendant will also pay up to $200,000.00 for the costs to administer the Settlement and to inform people about the Settlement. Any additional costs to administer the Settlement and to inform people about the Settlement will be paid from the Settlement Fund. The Defendant will also pay up to $6,000.00 as service awards to the Class Representatives. Class Counsel’s attorney’s fees and costs, up to $2,187,500.00 (25% of the Settlement Fund), will be paid from the Settlement Fund, as approved be the Court.

A detailed description of the settlement benefits can be found in the Settlement Agreement.

In exchange for these benefits, Settlement Class Members will release (i.e., discharge) Safeway from all claims of liability relating to the surcharge that were made or could have been made in the Lawsuit or in other legal proceedings or forums. These releases are set forth in specific detail in the Settlement Agreement.