Safeway customers have filed a class action lawsuit against the grocery store chain for allegedly not providing adequate notice of recalls of dangerous food to Club Card customers who bought the recalled products.
“When Safeway learns that recalled products have been sold in its stores, it has a duty to disclose to customers that they face serious health risks or even death if they eat the recalled products,” says the Safeway class action lawsuit.
Not only is Safeway putting its customers at risk, the class action says, but it is also failing to notify customers that they have the right to receive refunds of these recalled products. Providing this notice costs Safeway nothing, because Safeway’s suppliers agree to reimburse all costs associated with the notice and refunds, yet Safeway refuses to do it. And providing these notices should be easy because Safeway has its Club Card customers’ contact information on file, plus a history of the items they purchased.
“Safeway can identify which customers purchased recalled products, and warn them that consuming the products puts them at risk of serious illness or death. Safeway can also easily credit customers for the cost of the product if it was purchased with a credit or debit card,” says the Safeway class action, adding that many of Safeway’s competitors use their own customer data to do just this, including Ralphs, Wal-Mart, Sam’s Club, Costco, and others.
The Safeway class action is seeking to recover economic damages for class members in the form of refunds of all recalled products they purchased for which Safeway has Club Card or other records showing the purchaser and the identity of the recalled products. It is also asking that Safeway be required to use their customer Club Card contact information and purchase history to notify Club Card members of product recalls.
A copy of the Safeway Club Card Recalled Product Class Action Lawsuit can be read here.
UPDATE: A California federal judge refused to dismiss the Safeway Club Card recalled product class action lawsuit in April 2014.
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