Kroger Agrees to $17 Million Settlement Over Inflated Prescription Co-Pays

Kroger has agreed to a $17 million settlement over allegations that it overcharged customers for prescription drugs by inflating their insurance co-pays.

The class action lawsuit, filed in 2021 by plaintiffs Judy Kirkbride and Beeta Lewis, alleged that Kroger reported inflated "usual and customary" prices to insurance companies instead of its lower Rx Savings Club prices. Because insurers use those reported prices to calculate co-pays, customers allegedly ended up paying more out of pocket than they should have.

The lawsuit accused Kroger of fraud, unjust enrichment, and negligent misrepresentation. Kroger denies the allegations but has agreed to settle.

Who's eligible

The settlement covers anyone who paid for one or more prescription drugs at Kroger using insurance between December 9, 2018 and the date class notice is sent out.

What you could get

Each class member will receive a pro rata cash payment based on how much they spent out of pocket on prescription drugs at Kroger during the class period. The more you spent, the more you get.

How to file

A federal judge still needs to approve the settlement before claims open. No filing deadline has been announced yet.

Download ClassyAction to stay updated on this settlement and get notified when the claim form drops.