Matoesian to hear arguments for final settlement of Shop 'n Save class action

Amelia Flood Aug. 5, 2010, 7:00am




A class action case brought against the owner of the Shop 'n Save and Jewel/Osco grocery chains is set for final settlement approval on Friday before Madison County Circuit Judge Andreas Matoesian.

The class action was brought by lead plaintiff Mary Voyles on behalf of customers who cashed checks at Super Valu Inc.'s stores between January 2007 and January 2009.

Voyles' suit claims that the chain overcharged customers cashing checks -- 50 cents or 1 percent of the check value -- in violation of the law.

The suit was filed last year alleging claims of consumer fraud, unjust enrichment, violation of the Illinois Check Cashing Act, and other claims.

The settlement was given the initial go-ahead by Matoesian in May.

Class members in the suit will receive $20 each up to $75,000.

Voyles will get a $500 incentive award as class representative.

Attorneys Thomas Maag, Peter Maag, Jeffrey Millar, Brian Wendler and the rest of the plaintiffs' team will take away $18,000.

The plaintiffs filed a motion seeking the attorney's fees and incentive award Aug. 2.

The defendant is represented by Troy Bozarth.

The Maags were recently part of the plaintiffs' team that settled a class action in St. Clair County against Kmart. That suit netted the plaintiffs' attorneys $55,000 in fees.

The case is Madison case number 09-L-542.

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