The Southeastern grocery chain Publix has a reputation as a pricier-than-average grocery store, though you can save a lot there by shopping the sales. But one shopper says even the sales are pricier than expected – so she’s taking Publix to court.
Florida resident Wendy Koutouzis has filed a federal lawsuit against Publix for numerous alleged overcharges. Some might consider it sloppy, while Koutouzis portrays it as deliberately deceptive.
The lawsuit provides half a dozen examples of products sold by weight, where the price on the label didn’t match the price per pound. The store’s point-of-sale system attempts to reconcile the discrepancy, Koutouzis alleges, by falsely inflating the weight of the product to match the price on the tag.
For example, last month, Publix advertised pork tenderloin on sale for $4.99 per pound. Koutouzis purchased one with a label marked with the original price of $6.99 a pound, weighing 2.83 pounds, for a final price of $19.78.
When she checked out, Koutouzis said the register did not adjust down the price-per-pound to the sale price, and instead inflated the weight of the product to 3.96 pounds in order to justify the $19.78 selling price. As a result, she said, she ended up paying 40% more than she should have – even though her receipt, shown above, claimed incorrectly that she actually saved money.
Over the next several weeks, the lawsuit states, Koutouzis made several other purchases and noticed similar problems, in the meat, deli and cheese departments. Each time, she said, the weight listed on the label was correct, but the price was incorrect. If the shopper didn’t happen to notice the pricing error, they were none the wiser when the register allegedly inflated the weight of the product to match the incorrect price.
“Publix’s actions are clearly deceptive and unfair to consumers,” the lawsuit asserts, criticizing the retailer for maintaining a point-of-sale system “that is purposefully programmed to change the weights of products resulting in inflated sales revenues for the company.”
For good measure, Koutouzis goes on to describe how Publix implements “other schemes” to overcharge its customers. “For example, Publix regularly keeps previous week advertisement specials/reduced-price sales signs up even though the sales expired,” causing shoppers to think an item is on sale when it no longer is. In one case, Koutouzis says she “went to customer service and informed Publix of the incorrect sale sign,” but “when she went back a few days later, the incorrect sales sign was still there.”
And in some cases, specifically with baby formula, Koutouzis said Publix “regularly provides incorrect pricing per unit data” on shelf tags, displaying a lower price per ounce than the customer actually pays.
Mistakes are one thing. But Koutouzis says the many examples she cites are “part of a pattern or practice of deceptive trade practices.”
And to anyone who says she should just request a price adjustment, Publix “makes the refund process difficult and requires the consumer to repeatedly plead their case to obtain a refund as a result of the deceptive weights,” the lawsuit claims. At times, employees “insisted that she was wrong,” and many times she didn’t request a price adjustment at all, “because she knew it would take a significant amount of time to plead her case.”
A fellow Florida shopper filed two similar lawsuits against Walmart in recent years, claiming that the retailer also inflated the weights of products at the register, in order to justify a higher total selling price. Without admitting wrongdoing, Walmart agreed to settle both cases, setting aside tens of millions of dollars to reimburse affected shoppers.
So Koutouzis might be hoping for a similar resolution with Publix. Her lawsuit accuses Publix of deceptive and unfair trade practices, and unjust enrichment. And Koutouzis is seeking class-action status on behalf of all other shoppers who may have been similarly overcharged.
Publix describes itself as a store “where shopping is a pleasure.” For at least one Florida shopper, though, it’s not nearly as pleasurable as it should be.
Image source: Wendy Koutouzis
This happens in other stores too. I watch like a hawk and bring it to the cashier’s attention only to be told that is what the price is. I now rip the sale price tag from the shelf and bring it with me to checkout. They hate that, but what I hate even more is being called a liar and being overcharged.
When I can’t figure out a price on an item because of misleading signage, I call an employee over to help. Some are helpful and some can’t be bothered. One even told me they have no idea what the price is. Customer service has long lines. And even then the customer service rep will tell me I am wrong. So I go back, take the label off the shelf or the sign next to it and bring it to customer service so they can see that I am indeed telling the truth. They hate that. I even record prices on a sheet of paper before I put them into my cart.
Their excuse sometimes is, “Well that’s a digital deal.” Again I take that sign and how them that nowhere on that sign did it say, Digital deal.
Last year (2024) I was overcharged by $62.49 — Yes, I keep track.
I am done several replies on this to people on here and the only thing I can say is if you don’t want to get ripped off either on purpose or buy a labeling Miss price, every phone has a calculator on it and you can check what you’re paying. some of the items got prices down to the hundredth of a pound for a certain price.
the thing I think these places should be sued on is the things like watermelons and cantaloupes an items like that where you don’t know what you’re getting until you cut it open.
I have on occasion cut something open in the store and got a look from the stocker or dept mgr and I say, ” well if it’s good I’ll keep it, but if it’s not I’m going to turn it in or not buy it anyway because you shouldn’t be selling non edible fruit.”
I think the lawsuit would stick much better if they went to Winn-Dixie (Winn Trix-Me) or places like Food Lion (Food Liar) where they have deals like buy three get one 50% off or buy two get one 50% off. those deals right there show you what the price should be on the third item! so they’re doubling their profit on the first two items and you probably are still paying a price where they’re profiting off the third item.
again you’re the consumer don’t get ripped off!
I’ve been a customer of the Publix chain for years, from Florida to Georgia.I had some situations, but by far Publix is a great store customer service is good, cleanliness great, so yeah you should check your receipts before you leave the store and if something doesn’t look right get it corrected
Prices change all the time on various items throughout the store. We get new tags that are supposed to to up on Thursday that are completely separate from any sale items. Some of the prices increase and some decrease. I assure you that sometimes a department is swamped so the tags don’t get switched fast enough, resulting in discrepancies at the register. Leaving tags up from previous sales does not happen on purpose as we have to honor that price. We get in trouble if we accidentally leave one or two up. The litigant is claiming a complete fabrication
it happens with such frequency at Publix that it can’t be attributed to sloppy housekeeping. Maybe a multi million dollar settlement will cause better business practices.
lol you work there? You know what goes into running the grocery department at one of their stores? Don’t get me wrong corporations can for sure do some sketchy stuff but there are thousands of tags and hundreds of sale signs. It is wildly easy to miss something, especially if you get stuck with a bad employee doing the job of taking care of signs and tags.
Publix over charge every one. And what about your phone number they say you get money off your bill that is not true at all. They over price all the time.
Publix is the only store I know of that if they make a mistake you get the item free when you bring it to their attention. All stores have deceptive practices it’s called business and stores pay millions of dollars every year to get your attention. The sad thing is so many people like biden voters don’t know a good thing when they see it.
Trump voters can’t see all the bad, horrible and evil things when they see them.
then why is Trump President ? to clean ALL the bad Biden and his administration did .
lol this has nothing to do with who someone voted for😂 I’ve seen obviously liberal and conservative people freak out about this stuff.
That Biden remark was totally uncalled for, but since you went there , your a dumb as$ Trump bitc look where y’all got us , in a dictatorship , dismantling the government for no reason except he hates Biden, now we have a measles outbreak in Texas and the head of the CDC that’s against vaccines, and a worse than even Flu season with no one in charge that cares for anything but what Your king Trump wants so go fuc yourself
usually price comes off at bottom of receipt. need to see the whole receipt, it says right on that line, you saved $7.92, which is probably the lower price.
waaaaaaaaaa. omg I just stood by and watched. Thats right, suck your thumbs. mommy is not here. In dealing with publix ever complain about this at register?? of course not!!! Its much simpler to sue. Show me a store where this doesn’t happen, please show us all. and the add for the loins wasn’t that for family packs only? Hmmmm makes one think five minutes of fame huh?
And their “buy one get one” is a scam because whatever it is is already twice what it is elsewhere, you’re only getting a deal off Publix regular price, it’s already that price at target or Walmart or Kroger delivery….
Exactly!! The price is jacked up so high that it’s not even a deal for BOGO
many of us aren’t stupid and I usually do calculations by what their pricing in store says. like Toaster Strudels $3.83 buy one get one whereas Walmart’s regular prices two for $4. so they’ll gladly sell you one for $3.83 if you want to buy it there when it’s not on sale. the two best deals I ever saw at Publix were seven public yogurts for $2.75 and 5 boxes of Pop-Tarts for $2 each.
also remember buy one get one is not the same as two for $5.
when it says two for $5 you can buy one for $2.50
I have experienced this, the check out girl had to pull out the weekly ad to see I was telling the truth, then I had to explain again to the vacant stare customer service child about their error, they did refund me but only because I caught them, and they refunded too much. I only go to Publix for 1 or 2 items in a pinch because they are closer but everything there is 70% higher for no reason it’s the same stuff, price gauging period.
Never had a problem that customer service could not satisfy.
I need to get in on this cause they’re always stealing my money in the seafood department! Fish prices are never correct per pound and ring up way more than it should actually be. $8.99/ LB for under 2 LBS does not equal $22! Caught this foolishness on several occasions and they promptly adjusted the price- next time they’re going to give it to me for free! I don’t give a crap if it’s just a few cents! Multiply that by millions of customers and see how rich they’re getting off just a few cents, and last time I checked Publix never let me slide by and check out even if I was just a few cents short…. they want every damn coin of theirs, and so do I!
Then why do you go there ?
I shop frequently at Publix. Anytime I have an issue. I go to customer service, even a manager if necessary & it’s been corrected. I’m very pleased with their service & products.
l totally agree. they always corrected with out any issues. we also check out the receipt from top to bottom every time we go. and we go often.
Anytime an item has mistakenly rang up the wrong price and I bring it to their attention I am refunded the full amount plus get to keep the item. Publix has a “Publix Promise Policy ” I’ve been shopping at Publix for 40 plus years.
I can assure you that Publix does not try to deceive customers on prices. If something is priced wrong, it is due to human error or carelessness. Someone either stocked the product in the wrong spot or put the price tag in the wrong spot. There are hundreds of thousands of items that are carried by Publix, errors are going to happen.
I just went through the same same thing a couple of days ago at Publix. the price on light bulbs was $8.99 buy one get one free. I bought one when I scanned it and rang up to $10.99 the manager came and scanned it and said oh it’s only on the 60 watt. but they had 60 75 40 that way if you picked up any others they were $10.99 and it wasn’t buy one get one free I called them out on I said you intentionally put those on the table because you know people are going down it is shook his head and said yeah you’re right
that’s a typical Sham the ‘Publix’ truck they use just like Winn- Trixie (or Winn TrixMe).
if you aren’t good at math I wouldn’t suggest shopping at either one of these stores because when you says by three and a half and get one a quarter free it’s a very tricky thing to figure out.
and if you do buy one get one you’re forced to take two if you happen to go in that store and don’t want two boxes of said product or whatever. on to another store then!
either way you’re paying because you got to spend gas to go somewhere else. there’s the oil companies right in on the scam with the grocery stores! they’re all waiting for you to make a move so they can charge you!
I’m going to get all the conspiracy theorists riled up here!
now remember when it says two for $5 you can buy one for $2.50. but I find those mostly at Publix. “Winn TricksMe” (Winn Dixie) always seems to have complicated calculations of buy three for $7 get to at 50% off 2 kind of deals.
maybe if you want to sue somebody you should go in that store and try to shop. I guarantee you you’re going to find a lot more there to sue about!
Like all grocery stores, prices change and sales happen and things get missed sometimes. Publix has a policy that if it rings up more than what is advertised, they will give it to you for free. it shouldn’t be a hassle to get customer service to fix it.
but 6.99x 2.83 does = 19.78
so I wish her the best of luck trying to prove human error on the tagger that missed a few BOGO signs when it’s not customer service’s job to remove them. Me, I’d tell a manager, walk them to the tag and have them remove it.
It was supposed to be on sale for $4.99 the $6.99 was the original pr6
I live in NC and I noticed publix have a bogo sale weekly example buy two twelve packs soda get one free but you end paying $10.99 times two to get free one so $22 for two twelve packs to get one who pays $10.99 for a 12 pk of sodas they reward you by giving you an item free but is raising the cost of item before hand so are you really getting a deal
maybe you would but most of the people that go in there don’t have the time to take store management through a pricing lesson or even want to take the time to get the refund. that’s sort of what they’re counting on anyway is not so much ignorance is just people that don’t care and we’ll just go ahead and not waste time and go on about their business.
have to go to Winn-Dixie which I call win tricks me, you almost need an advanced math degree to figure out what they’re trying to sell you in there and I guarantee you anything you try to buy in there you’re going to end up on the short side of the stick. I love the buy two get one 50% off deals. so they’re doubling their profits on two things you buy and the 50% off is actually the pricing you should be charged for all three products. there’s plenty to sue about in that store!
I think this lawsuit frivolous is it may sound is probably something that could actually work because there’s enough mistakes in these stores if they could say this is done on purpose. I’d say I can’t disagree with that because if you have a BOGO ad or a store ad start on an odd day like Thursday and then you get electronic coupons that start on Sunday it’s hard to tell what you’re going to get unless you’re very careful.
in conclusions: when you go shopping it’s your responsibility to make sure you don’t spend more than you have to or don’t get ripped off! as the judge will say when this case comes to decision point. but you never know how a judge is going to rule because they might have felt like they got ripped off at the same store!
I have been overcharged by Publix on several occasion! I always check my receipt! The last time was 2 weeks ago when I was in Ft Myers! I purchased a supplement of beets! Think they’re called Pure Beets. The pkg was $24.99 but when I went to pay it rung up as $39.99. Quite a difference! I wasn’t going to buy but an employee went back to check and the price was $24.99! I always shop at Publix but sadly they definitely are price gouging!?
Why do you keep shopping there if this is a problem?
I personally never have a a problem with my Publix. Yes their prices are higher on many items but I appreciate the shopping experience. Clean and well organized stores with friendly and knowledgeable staff.