Class action status sought in case against grocery business

The plaintiff in a proposed class action lawsuit against an Alton grocery store over check cashing fees has filed a motion for class certification.

Plaintiff Julie Wheeler claims she cashed a check for $68.80 at defendant Schwegel’s Food Markets and was charged a 75-cent fee in violation of the Illinois Check Cashing Act.

Wheeler claims Illinois state law does not allow for check cashing fees of more than 50 cents or 1 percent of the face value of the check.

“The defendant has wronged consumers in the thousands of dollars," the motion states. "The class action device is an effective tool to efficiently seek a recovery for others, such as Julie Wheeler.

Wheeler, represented by Peter J. Maag of Maag Law Firm in Wood River, is requesting an order certifying the lawsuit as a class action lawsuit, with herself as class representative.

“Julie Wheeler and her counsel have the necessary financial resources to adequately and vigorously litigate this class action, and Julie Wheeler and Class counsel are aware of their fiduciary responsibilities to Class members and are determined to diligently discharge those duties by vigorously seeking the maximum possible recovery for the class."

Schwegel's filed a motion to dismiss Nov. 9, stating another corporate entity, Pearl Market, Inc., operates the market.

Joseph Brown of Lucco, Brown, Threlkeld and Dawson represent the defense.

The case is assigned to Associate Judge Thomas Chapman.

Madison County Circuit Court case number: 12-L-1316.