ARTICLE
27 October 2026

Shopper Files Class Action Over Pickup Fees

KD
Kelley Drye & Warren LLP

Contributor

Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
A recent lawsuit against Stop & Shop in Massachusetts federal court challenges how the grocery chain discloses its $3.95 pickup fee for online orders, claiming the fee appears too late in the checkout process and lacks adequate explanation of its purpose. The case highlights the growing complexity of state fee disclosure laws and raises important questions about what constitutes proper transparency in e-commerce pricing.
United States Consumer Protection

How companies disclose prices and fees remains a hot topic. Recent years have brought new state laws, regulatory challenges, and plaintiffs’ lawsuits. The latest example is a suit against Stop & Shop filed in Massachusetts federal court this month. 

According to the complaint, Stop & Shop charges a $3.95 pickup fee on online grocery orders but does not adequately disclose it until checkout. Shoppers see product prices and running cart totals as they shop, and on the Cart page the fee appears only below a “Checkout” button that customers can click without scrolling down to it. 

The lawsuit relies heavily on Massachusetts’ updated fee disclosure regulation, which took effect last year. Among other things, the regulation generally requires businesses to disclose the total price of a product (including mandatory fees) when the price is first presented and to clearly disclose the nature, purpose, and amount of mandatory fees. (Click here for more details on the law.)

The plaintiff also argues that Stop & Shop does not adequately explain the fee’s purpose. The charge first appears as a generic “Fees” line. Clicking an icon next to it reveals a “Pickup Fee,” and a separate “i” icon explains only that the fee “is not a tip or gratuity” and is not paid to the pickup attendant. The plaintiff contends the regulation requires disclosure of what a fee is for, not just what it is not for.

While this case plays out, companies may want to review their purchase flows for compliance with the growing patchwork of fee laws, many of which, like Massachusetts, require mandatory fees to be included in advertised prices.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More