Supermarket giant Kroger, which operates the Mariano’s branded supermarkets in the Chicago area, has been hit with a class action lawsuit, accusing Kroger of routinely overcharging customers for groceries when the price charged at the register does not align with lower or sale prices marked on shelves and other store displays.
The lawsuit was filed on Aug. 17 in Cook County Circuit Court by attorneys Robert J. Stein III and Anthony S. DiVincenzo, of the firm of DiVincenzo Schoenfield Stein, of Chicago.
The lawsuit was filed on behalf of named plaintiff Lisabeth Gansberg, identified as a resident of suburban Northbrook, who regularly shops at Kroger’s Mariano’s location in Northbrook.
However, the complaint seeks to expand the action to include “at least tens of thousands” of others who may have been allegedly overcharged for their groceries by Kroger at its Illinois stores since 2018.
The complaint centers on claims that Kroger’s employees allegedly fail to update their point of sale system checkout register system to account for advertised sales and lower prices on items throughout their store.
According to the complaint, this can often leave customers needing to be vigilant to prevent the store from overcharging them for various advertised items.
For instance, in the complaint, Gansberg alleges she purchased cherries in the Mariano’s produce section that were advertised for $1.99 per pound, to customers presenting both their Kroger’s shoppers card and a digital coupon.
However, after presenting both of the required items, the store allegedly charged Gansberg the regular price of $4.99 per pound, or 150% more than the advertised price.
On another occasion, Gansberg asserts she was overcharged by 48% for Slim Jim jerky sticks.
“… The overcharges are not the results of a scanner error (misidentifying the bar code),” the complaint said. “Rather, the scanner correctly identifies the grocery item, but the store charges the wrong price for the item.
“… This is caused by the human error of Kroger employees who input incorrect pricing information into the computer check-out system.”
The complaint asserts an investigation by the plaintiffs has found such overcharges “occur frequently and harm other customers” at the Northbrook Mariano’s store and other Kroger stores.
The complaint asserts the alleged overcharges are a breach of contract and of the Illinois consumer fraud and deceptive business practices laws.
The plaintiffs have asked the court to award unspecified damages, plus attorney fees. They are also seeking a court order barring Kroger from continuing to allegedly charge “in excess of its advertised prices for grocery items.”
A spokesperson for Kroger declined comment, saying the company does not comment on pending litigation.