Perry v. Schnuck Markets, Inc.

A Court authorized Notice because you have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them, before the Court decides whether to approve the Settlement.

Judge Michael Stelzer of the 22nd Judicial Circuit of Missouri is overseeing this case. The case is known as Leonard Perry v. Schnuck Markets, Inc., Case No. 2022-CC10425, in the Circuit Court of the City of St. Louis, State of Missouri. The person who sued, Mr. Leonard Perry, is called the Plaintiff. Schnuck Markets, Inc. (“Schnucks”) is called the Defendant.

To view a copy of the Notice, click here.

The lawsuit claims that Schnucks made false and misleading price comparisons in connection with the advertisement and sale of alcohol (wine and spirits) in its print advertisements, in-store shelf signs, mailing circulars, receipts, and on Schnucks’ website. The lawsuit seeks compensation for those individuals who were adversely affected by Schnucks’ alleged misleading price comparisons on its Alcohol Products.

Schnucks denies all of the Plaintiff’s claims and say they did not do anything wrong.

In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Class Representative is Leonard Perry. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class (see FAQ 15).

By agreeing to settle, both sides avoid the cost and risk of a trial, and the people affected will get a chance to receive compensation. The Class Representative and his attorneys think the Settlement is best for all Class members. The Settlement does not mean that Schnucks did anything wrong.

The Settlement includes ANY Missouri resident that purchased alcohol (wine and spirits) from a Schnucks (either online or in store located in the state of Missouri) between December 3, 2015, and February 15, 2023.

That means you are included in this Settlement as a Class Member if you were a Missouri resident who purchased one or more "Alcohol Products" (wine and spirits) from a Schnucks (either online or in a store located in the state of Missouri) between December 3, 2015, and February 15, 2023, for personal, family, or household use.

If you are not sure whether you are included in the Settlement, you may contact the Claims Administrator by calling 1-877-664-9133 (toll-free) with questions or you may also write with questions to:

Perry v. Schnuck Markets, Inc.
Claims Administrator
P.O. Box 5627
Portland, OR 97228-5627
info@SchnucksPricingSettlement.com

The Settlement makes up to $4 million dollars available to pay eligible Class Members who purchased one or more "Alcohol Products" (wine and spirits) from a Schnucks (either online or in a store located in the state of Missouri) between December 3, 2015, and February 15, 2023, for personal, family, or household use.

Settlement Class Members may qualify to receive one of the following monetary payments from the Settlement depending on their number of eligible Alcohol Product purchases.

Group 1: All Settlement Class members who submit a valid claim that they purchased at least one (1) Alcohol Product (wine and spirits) from Schnucks during the Class Period will be entitled to a one-time payment of $11.00. No Proof of Purchase is necessary to receive this one-time payment.
Group 2: All Settlement Class members who submit a valid claim, to include Proof of Purchase, demonstrating that they purchased between twenty-five (25) and fifty-five (55) units of Alcohol Products (wine and spirits) from Schnucks during the Class Period will be eligible to recover a one-time payment of $25.00. Proof of Purchase is necessary to receive this one-time payment.
Group 3: All Settlement Class members who submit a valid Claim, to include Proof of Purchase, demonstrating that they purchased more than fifty-six (56) units of Alcohol Products (wine and spirits) from Schnucks during the Class Period will be eligible to recover a one-time payment of $72.00. Proof of Purchase is necessary to receive this one-time payment.

If you are a Schnucks Rewards Member, see FAQ 9 for information on how to obtain and proof of purchase from you Schnucks Rewards Account.

These Settlement payments, along with the cost of administering the Settlement, are subject to an overall cap of $4,000,000.00. Depending on the number of claims made, payments may need to be prorated if the total claims exceed $4 million. The Settlement Agreement explains specifically how the aggregate cap works in different scenarios.

For payments made under Group 2 and Group 3 (which require Proof of Purchase), the Claims Administrator will decide, based on a Claim Form (see FAQ 10) and additional documentation, whether a claim should be paid under the Settlement. You must submit evidence supporting all Alcohol Product purchases claimed.

If you are a Schnucks Rewards Member, you may be able to access your Schnucks’ receipts by signing into your account on Schnucks’ website (nourish.schnucks.com/schnucks-rewards) or by using the Schnucks Rewards App. Your Schnucks Rewards account will only save receipts if you used your Schnucks Rewards account during checkout. Below are step-by-step instructions and screenshots for accessing saved receipts through the Schnucks Rewards website and mobile application:

Accessing receipts from your Schnucks Rewards account using a web browser:

1. Visit nourish.schnucks.com/schnucks-rewards click the “Log In” button at the top right of the page:

   

2. Enter your Schnucks Rewards account credentials and click the red “Continue” button:

   

3. Once logged in, go to the top right of the screen. Put your cursor over your first name and a drop-down menu will appear. Click on “My Profile” and it will take you to your “My Account” page:

   

4. Click on “Rewards History” which is located on the left side of the page:

   

5. To the extent you have any eligible purchases, the “Rewards History” screen will show you all Schnucks receipts for purchases where your Schnucks Rewards was used in conjunction with the purchase:

   

6. If you do not see a purchase, you may need go to the bottom of the page and select “View More” to see later purchases. After clicking “View More” additional transactions will appear at the bottom of the screen:

   

7. To see the itemized details of a particular transaction, select “View Details” to review a transaction/receipt:

   

8. After clicking “View Details” a new window will open to show the itemized details of the particular transaction. You can print/save each individual receipt to be uploaded and submitted with your Claim:

   

Accessing receipts from your Schnucks Rewards account using the Schnucks Rewards mobile application (App):

1. Download and/or open the Schnucks Rewards mobile application, and enter your Schnucks Rewards email and password:

   

2. Select the “Account” option on the bottom right of the application:

   

3. Select “My Purchases”:

   

4. To the extent you have any eligible purchases, the “My Purchases” screen will show you all Schnucks receipts for purchases where your Schnucks Rewards was used in conjunction with the purchase:

   

5. You can select any individual “Purchase” and view the details of that purchase, including the Order Number, Store, and a list of all items purchased:

   

6. You can download any receipt by selecting the download button located on the upper right of the screen:

   

If you are not a Schnucks Rewards Member, or do not have access to your account, you may also provide Proof of Purchase in the form of a Schnucks store receipt that supports each claimed purchase of an Alcohol Product. You will be able to upload photos and/or PDFs of your receipts during the claims process, or you can mail physical receipts to:

Perry v. Schnuck Markets, Inc.
Claims Administrator
P.O. Box 5627
Portland, OR 97228-5627

To ask for a payment, you must complete and submit a Claim Form. Claim Forms may be completed online here. If you would like to complete a form by mail, copies of the Claim Form are available for download here, or you may request one by mail by calling 1-877-664-9133 (toll-free). Read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than September 8, 2023 to:

Perry v. Schnuck Markets, Inc.
Claims Administrator
P.O. Box 5627
Portland, OR 97228-5627

You do not have to do anything to remain in the Settlement but if you want to receive a settlement payment you will need to submit a valid Claim Form no later than September 8, 2023.

If the Settlement becomes final, you will give up your right to sue Schnucks for the claims being resolved by this Settlement. The specific claims you are giving up against Schnucks are described in Section 1.30 of the Settlement Agreement.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the law firms listed in FAQ 16 for free. Or you can talk to your own lawyer if you have questions about what this means.

If you don’t want a payment from this Settlement, but you want to keep the right to sue Schnucks about issues in this case, then you must take steps to get out. This is called excluding yourself from – or is sometimes referred to as “opting out” of – the Settlement Class.

If you exclude yourself, you will not receive any funds or benefits from this settlement. The exclusion deadline is September 8, 2023.

No. You must exclude yourself to sue Schnucks for the same thing later.

To exclude yourself, send a letter that says you want to be excluded from the Settlement in Leonard Perry v. Schnuck Markets, Inc., Case No. 2022-CC10425, in the Circuit Court of the City of St. Louis, State of Missouri. The letter must include your name, address, Proof of Purchase of Alcohol Product(s), and signature. You must mail your Exclusion Request postmarked by September 8, 2023, to:

Perry v. Schnuck Markets, Inc.
Claims Administrator
P.O. Box 5627
Portland, OR 97228-5627

Yes. The Court appointed the following as “Class Counsel”:

You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for an attorneys’ fee award (inclusive of fees, costs and expenses) not to exceed $1,320,000.00 (one million three hundred twenty thousand dollars and xx/100). Any amount that the Court awards for attorneys’ fees, costs and expenses will be paid separately from the benefits available to the Class and will not reduce the amount of payments to the Class.

You can object to the Settlement if you don’t like some part of it. The Court will consider your views. To do so, you must send in a written objection in this case, Leonard Perry v. Schnuck Markets, Inc., Case No. 2022-CC10425, in the Circuit Court of the City of St. Louis, State of Missouri. Your objection must include all of the following:

1. Your full name, address, telephone number, and email address (if any);
2. Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (for example – a receipt showing a purchase of an Alcohol Product from Schnucks made during the relevant class period;
3. A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
4. The identity of all lawyers (if any) representing you;
5. The identity of all your lawyers (if any) who will appear at the Final Fairness Hearing;
6. A list of all persons who will be called to testify at the Final Fairness Hearing in support of your objection;
7. A statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing;
8. Your signature or the signature of your duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation);
9. A list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) have filed an objection to any proposed class action settlement within the last ten (10) years;
10. A list, by case name, court, and docket number, of all other cases in which your lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last ten (10) years; and
11. A list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

To be timely, your objection in the appropriate form must be filed with the Clerk of the Circuit Court of the City of St. Louis, State of Missouri, Division 6, at the address below no later than September 8, 2023. In addition, you must mail a copy of your objection to one Class Counsel and one Defense Counsel at the addresses listed below, postmarked no later than September 8, 2023:

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you don’t exclude yourself from the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold a Fairness Hearing on October 10, 2023, at 10:00 a.m., at the Courthouse for the Circuit Court of the City of St. Louis, State of Missouri, Division 6, Civil Courts Building, 10 N. Tucker Blvd., St. Louis, Missouri. The hearing may be moved to a different date, location or time without additional notice, so you should review this website for updates or call 1-877-664-9133 (toll-free). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

No. Class Counsel will answer any questions that the Court may have regarding the terms of the Settlement. But, you or your own lawyer are welcome to attend at your expense. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions under FAQ 18, the Court will consider it. You may also have your own lawyer attend, but it is not necessary.

If you are objecting to the settlement, you may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Leonard Perry v. Schnuck Markets, Inc., Case No. 2022-CC10425.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than September 8, 2023, and must be sent to the addresses listed in FAQ 18.

If you do nothing, you’ll get no benefits from this settlement. But, unless you exclude yourself, you won’t be able to file a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Schnucks about the legal issues in this case, ever again for the class period of December 3, 2015, through February 15, 2023.

The Notice and this website summarize the proposed Settlement. More details are in a Settlement Agreement. You can review the Settlement Agreement here. You can also get a Claim Form by visiting the Documents page, or by calling the toll-free number, 1-877-664-9133. You may also write with questions to:

Perry v. Schnuck Markets, Inc.
Claims Administrator
P.O. Box 5627
Portland, OR 97228-5627
info@SchnucksPricingSettlement.com

You can also contact the attorneys in FAQ 16.

PLEASE DO NOT CONTACT THE COURT OR SCHNUCK MARKETS, INC.