Simonin v. WinCo Foods, LLC

If you were charged and paid a surcharge on certain non-grocery items at a WinCo store located within the City of Portland, Oregon between June 1, 2019 and May 8, 2022, you could get compensation from a class action settlement.

What is the Lawsuit About?

The Class Representative alleges that WinCo improperly collected a surcharge by omitting the amount of the surcharge as itemized on its customer receipts in its advertised prices, at its point-of-sale registers at its stores located within the City of Portland, Oregon between June 1, 2019 and May 8, 2022. WinCo 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. A detailed description of the settlement benefits can be found in the Settlement Agreement.

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

You may be a Settlement Class Member if you purchased certain non-grocery items at a WinCo store located within the City of Portland, Oregon and paid a surcharge on those non-grocery items between June 1, 2019 and May 8, 2022.

What does this Settlement Provide?

If approved, a Settlement Fund will be created totaling up to $3,365,000. Settlement Class Member cash payments will come out of this Settlement Fund. The Defendant will also pay up to $235,000 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. Class Counsel’s attorney’s fees, up to $1,009,500 (30% of the Settlement Fund) and costs, up to $150,000, and a service award to the Class Representative, up to $10,000, will be paid from the Settlement Fund, as approved by 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) WinCo 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.