Shoppers may receive refunds as investigation targets supermarket giants

As we navigate the aisles of our local supermarkets, we trust that the prices on the shelves reflect a fair deal.

But what if that trust was misplaced? Australian shoppers might soon discover if they're due for a financial windfall as a major class action investigation targets Coles and Woolworths, two of the country's supermarket giants.


The investigation, spearheaded by GMP Law, probes allegations that these retail behemoths have used misleading pricing tactics.

The claims centre around the 'Prices Dropped' and 'Down Down' sales campaigns, which are accused of violating Australian consumer law by presenting discounts that may not have been as genuine as they appeared.

The consequences could be significant if Coles and Woolworths are guilty of these dodgy practices.


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Class action against Coles and Woolworths investigated by GMP Law for alleged misleading pricing tactics. Credit: Shutterstock


GMP Law is determined to secure refunds for consumers potentially duped by these campaigns.

It aims to recover the difference between discounted and original, undiscounted prices.

Gerard Malouf, chairman of GMP Law, emphasised the importance of honest and transparent information for consumers.


'This investigation is an important step towards protecting those rights and ensuring that businesses adhere to fair trading practices,' he asserted.

Dr Joel Lisk, a research fellow in law at Flinders University, views the proceedings as a positive development.

He clarified that while the Australian Competition and Consumer Commission (ACCC) isn't directly seeking refunds for customers, a successful outcome could pave the way for damages claims by misled consumers.

The law firm has outlined three methods for customers to potentially claim refunds: through data collected on Woolworths and Coles Rewards programs, holding onto discounted product receipts, or signing a statutory declaration confirming the purchase of specific products during the relevant period.

‘One will be through the data collected on their Woolworths and or Coles Rewards programs as they record all of the information regarding time and date of purchase, pricing and discounts,’

‘The other will be by holding receipts of the discounted products, the other will be by signing a statutory declaration that the particular product was purchased during the relevant period and providing details of the product/s purchased.’

‘If there is a successful settlement, the firm intends to donate surplus funds to an Australian food charity.’


The ACCC's allegations involve hundreds of products over extended periods, and Dr Lisk noted that the financial impact on consumers could be substantial.

However, he also raised concerns about whether financial penalties deter such conduct in the future.

This class action follows Prime Minister Anthony Albanese's stern warning that major supermarkets have breached the trust of everyday Australians.

An interim report by the ACCC highlighted customer concerns about rising prices, lack of competition, and scepticism regarding specials or discount schemes.

Coles and Woolworths, which dominate 67 per cent of the supermarket sector, have responded to the report.


Woolworths Group chief executive Amanda Bardwell insists that the grocery sector is competitive and offers ample choice.

At the same time, a Coles spokesperson has expressed support for a diverse industry that provides choice and competitive pricing.

In other news, the ACCC has taken legal action against Woolworths and Coles over allegations of misleading pricing.

Claims indicate that supermarkets raise product prices before advertising them as discounted. You can read more about it here.
Key Takeaways
  • Australian law firm GMP Law is investigating a class action against Coles and Woolworths for alleged misleading discount pricing tactics.
  • If found guilty, the supermarkets could refund customers the price difference between advertised discounts and original prices.
  • The ACCC has accused both supermarkets of misleading consumers by making incorrect discount claims on many products.
  • Consumers could receive compensation through the supermarkets' rewards programs, holding receipts, or signing statutory declarations about their purchases.
How could this investigation impact consumer trust in supermarkets, and how might it change pricing practices in the retail industry? Feel free to share your thoughts and opinions in the comments below.
 
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I received an email from GMP Law asking if I've shopped at coles or woolworths between certain years. They also asked if I still had receipts.

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I think the good thing would be it supermarkets learn a lesson from this.

If a class action goes ahead, we may all lose out in the end as I'm sure items will then go up in price permanently !!!

Class actions you will receive between $30 to $300 so is it really worth it.

Lawyers will be the only winners here
 
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Well that’s all good and fine but as there is a Coles near me since Covid I’ve been going there but I don’t have their loyalty card, have a Woolies but not been shopping there further to go. But there sure has been price gouging by them but also many other businesse.
 
I do believe that I achieved a flybys challenge they give out in email for 4 weeks I achieve such challenge of 10,000 points but did not see my 10,00 points added on I know this is completely different but I don’t believe they are honest with these challenges either to get you to spend so much each week .
 
Last week I received flybuys email. Collect 10,000 bonus points or $50 off your shop. We have to spend $220 every week for 4 weeks, then we can receive $10,000 flybuy points or $50 off. Forget it!
 
All this is pointless - the ONLY reasonable result of all this gouging, slyness, grimy behaviour is a Jail Term for the Managing Director and the Board of Directors for thievery - WHY EVER NOT???
 
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