02-28-2025, 08:21 AM
Publix sued in Florida in checkout-prices inflation claim. Here’s what we know
Portrait of C. A. BridgesC. A. BridgesUSA TODAY NETWORK - Florida
AI-assisted summary
A class action lawsuit alleges Publix overcharged customers for weighed items by inflating the weight at self-checkout.
The lawsuit claims Publix's system automatically adjusts the weight to match the original price, even when a sale price is advertised.
Additionally, the lawsuit accuses Publix of leaving expired sale signs up, misleading customers about product prices.
Publix self-checkout weight scales are part of a lawsuit claiming prices were inflated by not accurately measuring meats, cheeses and deli items. Marked sale prices are also part of the lawsuit accusing Publix of overpricing at checkouts.
Florida resident Wendy Koutouzis filed a class action lawsuit last week in Miami federal court alleging she found deceptive practices at five Tampa area Publix stores, the Miami Herald reported, and she brought receipts. And photos.
"The complaint filed by The Russo Firm centers on a scheme where Publix’s POS system inflated the weights of certain products, causing customers to pay more than the advertised price without realizing it," The Russo Firm said in a release.
The lawsuit asks for damages not only for Koutouzis but all Publix shoppers similarly overcharged at checkout.
Publix, the popular Lakeland-based grocery chain with nearly 1,400 stores in eight states, has not yet commented on the allegations.
What is Publix accused of?
According to the lawsuit, Publix deliberately overcharges customers using the scales at the self-checkout system.
"Specifically, when a price reduction is advertised for one of the Products, instead of charging the reduced sale price multiplied by the weight of the product, Publix’ point of sale checkout system (“POS”) automatically increases the weight of the product, so that the consumer does not receive the sale price," the lawsuit said.
In this example, a 2.83 package of port tenderloins weighs in at 3.96 pounds at the Publix self checkout scale, resulting in the presale price, according to the plaintiff in a class action suit against the grocery chain for deceptive practices.
In one example, at the Publix at 6001 N. Nebraska Ave in January 2025, Publix advertised a sale on Extra Lean Pork Tenderloin for $4.99 per pound, down from the regular price of $6.99 per pound, The Russo Firm said in a release.
Koutouzis picked up a 2.83-pound package, which retailed for $19.78. With the sale, Koutouzis expected to pay $14.12.
On the receipt, Publix's retail price is shown with a savings claimed of $7.92, according to the plaintiff in a class action suit against the grocery chain for deceptive practices.
However, the checkout scale inflated the weight to 3.96 pounds, the lawsuit says, resulting in the exact original price. Instead of paying the advertised price of $14.12, "Koutouzis was charged $19.78, a 40% overcharge," the firm said.
“Most customers do not realize that the weight of the product has changed because Publix’s (point of sale) is programmed so that the total price of the product matches the total price on the customer’s receipt or the POS screen, so as to avoid detection,” the lawsuit says. “And, the customer’s receipt does not list the weight of the product but only the alleged savings and the total price of the product.”
The lawsuit includes photos of receipts, items being weighed at different parts of the store, and self-checkout screens.
In this example, a 1.75 pound block of cheese weighs in at 2.19 pounds at the Publix self checkout scale, resulting in the presale price, according to the plaintiff in a class action suit against the grocery chain for deceptive practices.
Other examples included a 4.15 pound chicken weighing 4.98 at checkout, and other issues with weighing cheese, Kentucky Legend Turkey Breast and Hormel Ham. In one case, Koutouzis weighed the product in a produce scale to verify the weight of the package was correct.
Publix leaves up sale signs, lawsuit says
A lawsuit against the grocery chain alleges that Publix deliberately leaves up expired sale items, such as this one for Granny Smith apples which rang up full price at the register.
The lawsuit also claims that Publix regularly and deliberately keeps sale signs up after the sales expire.
Koutouzis saw a sign advertising Granny Smith apples on sale for $1.99 a pound on Jan. 27, at the 8701 W. Hillsborough Ave Publix, but they rang up $2.69 a pound at the register. The lawsuit says she found the same expired sale sign on Feb. 15 at 4900 Kennedy Blvd. in Tampa.
Other shelf signs also proved problematic. According to the lawsuit, On Jan. 3, 2025, Koutouzis bought the 20.9-ounce container of Enfamil ProSobee baby formula and was charged $1.95 per ounce, although the shelf price advertised $1.59 per ounce.
Koutouzis says explaining these discrepancies was a struggle and the refund process needlessly difficult.
"Employees, including cashiers, customer service attendants, and department managers, do not only fail to alert customers, but insist purposely that the customer is wrong, and that the savings were already applied," the lawsuit says.
The lawsuit asks for Publix to cease the alleged practices, update its systems, award attorneys' fees and costs, and further relief "as the Court deems just and proper."
Publix also sued for overtime, religious freedom
Publix, the country's fifth largest grocery seller in 2024 according to consumer tracker Numerator.com, has had other high-profile lawsuits in recent years.
In 2023, a collective class-action lawsuit was brought against the company by past and current Publix managers alleging that Publix failed to pay the hourly employees for hundreds of overtime hours they routinely worked before and after clocking in and while on unpaid meal breaks.
In 2021, Publix settled a federal lawsuit filed by an applicant, a member of the Rastafarian religious sect, who claimed he was not hired after he refused to cut off his locs.
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Portrait of C. A. BridgesC. A. BridgesUSA TODAY NETWORK - Florida
AI-assisted summary
A class action lawsuit alleges Publix overcharged customers for weighed items by inflating the weight at self-checkout.
The lawsuit claims Publix's system automatically adjusts the weight to match the original price, even when a sale price is advertised.
Additionally, the lawsuit accuses Publix of leaving expired sale signs up, misleading customers about product prices.
Publix self-checkout weight scales are part of a lawsuit claiming prices were inflated by not accurately measuring meats, cheeses and deli items. Marked sale prices are also part of the lawsuit accusing Publix of overpricing at checkouts.
Florida resident Wendy Koutouzis filed a class action lawsuit last week in Miami federal court alleging she found deceptive practices at five Tampa area Publix stores, the Miami Herald reported, and she brought receipts. And photos.
"The complaint filed by The Russo Firm centers on a scheme where Publix’s POS system inflated the weights of certain products, causing customers to pay more than the advertised price without realizing it," The Russo Firm said in a release.
The lawsuit asks for damages not only for Koutouzis but all Publix shoppers similarly overcharged at checkout.
Publix, the popular Lakeland-based grocery chain with nearly 1,400 stores in eight states, has not yet commented on the allegations.
What is Publix accused of?
According to the lawsuit, Publix deliberately overcharges customers using the scales at the self-checkout system.
"Specifically, when a price reduction is advertised for one of the Products, instead of charging the reduced sale price multiplied by the weight of the product, Publix’ point of sale checkout system (“POS”) automatically increases the weight of the product, so that the consumer does not receive the sale price," the lawsuit said.
In this example, a 2.83 package of port tenderloins weighs in at 3.96 pounds at the Publix self checkout scale, resulting in the presale price, according to the plaintiff in a class action suit against the grocery chain for deceptive practices.
In one example, at the Publix at 6001 N. Nebraska Ave in January 2025, Publix advertised a sale on Extra Lean Pork Tenderloin for $4.99 per pound, down from the regular price of $6.99 per pound, The Russo Firm said in a release.
Koutouzis picked up a 2.83-pound package, which retailed for $19.78. With the sale, Koutouzis expected to pay $14.12.
On the receipt, Publix's retail price is shown with a savings claimed of $7.92, according to the plaintiff in a class action suit against the grocery chain for deceptive practices.
However, the checkout scale inflated the weight to 3.96 pounds, the lawsuit says, resulting in the exact original price. Instead of paying the advertised price of $14.12, "Koutouzis was charged $19.78, a 40% overcharge," the firm said.
“Most customers do not realize that the weight of the product has changed because Publix’s (point of sale) is programmed so that the total price of the product matches the total price on the customer’s receipt or the POS screen, so as to avoid detection,” the lawsuit says. “And, the customer’s receipt does not list the weight of the product but only the alleged savings and the total price of the product.”
The lawsuit includes photos of receipts, items being weighed at different parts of the store, and self-checkout screens.
In this example, a 1.75 pound block of cheese weighs in at 2.19 pounds at the Publix self checkout scale, resulting in the presale price, according to the plaintiff in a class action suit against the grocery chain for deceptive practices.
Other examples included a 4.15 pound chicken weighing 4.98 at checkout, and other issues with weighing cheese, Kentucky Legend Turkey Breast and Hormel Ham. In one case, Koutouzis weighed the product in a produce scale to verify the weight of the package was correct.
Publix leaves up sale signs, lawsuit says
A lawsuit against the grocery chain alleges that Publix deliberately leaves up expired sale items, such as this one for Granny Smith apples which rang up full price at the register.
The lawsuit also claims that Publix regularly and deliberately keeps sale signs up after the sales expire.
Koutouzis saw a sign advertising Granny Smith apples on sale for $1.99 a pound on Jan. 27, at the 8701 W. Hillsborough Ave Publix, but they rang up $2.69 a pound at the register. The lawsuit says she found the same expired sale sign on Feb. 15 at 4900 Kennedy Blvd. in Tampa.
Other shelf signs also proved problematic. According to the lawsuit, On Jan. 3, 2025, Koutouzis bought the 20.9-ounce container of Enfamil ProSobee baby formula and was charged $1.95 per ounce, although the shelf price advertised $1.59 per ounce.
Koutouzis says explaining these discrepancies was a struggle and the refund process needlessly difficult.
"Employees, including cashiers, customer service attendants, and department managers, do not only fail to alert customers, but insist purposely that the customer is wrong, and that the savings were already applied," the lawsuit says.
The lawsuit asks for Publix to cease the alleged practices, update its systems, award attorneys' fees and costs, and further relief "as the Court deems just and proper."
Publix also sued for overtime, religious freedom
Publix, the country's fifth largest grocery seller in 2024 according to consumer tracker Numerator.com, has had other high-profile lawsuits in recent years.
In 2023, a collective class-action lawsuit was brought against the company by past and current Publix managers alleging that Publix failed to pay the hourly employees for hundreds of overtime hours they routinely worked before and after clocking in and while on unpaid meal breaks.
In 2021, Publix settled a federal lawsuit filed by an applicant, a member of the Rastafarian religious sect, who claimed he was not hired after he refused to cut off his locs.
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