Court action targets Arkansas grocery store's discount program

By Shaun Zinck | Jun 11, 2015

Gene A. Ludwig  

Three Arkansas consumers are suing a major grocery store in Arkansas court, alleging its rewards shopper card violated state law.

Kyle Rhodes, Wesley Atwood and Samantha Hudon filed the lawsuit June 1 in Pulaski County Circuit Court against The Kroger Company, Andrea Tyson and Patrick Scherrey, alleging its Kroger Plus shopper's card program violates state law by giving discounts only to card holders.

The lawsuit targets all 32 Arkansas Kroger Stores, and alleges the Kroger Card was instituted in order to allow Kroger to “track personal purchases and build a valuable database and marketing tool.”

The suit says only cardholders would receive certain discounts displayed on the grocery store shelves, and “intentionally refused or failed to grant the same discounts to buyers who did not present a [Kroger card] at the time of purchase.”

The suit seeks class status for those who used a Kroger Store in Arkansas within the last three years and didn't receive the discounts. The plaintiffs seek an unspecified amount in damages, plus court costs. The three plaintiffs are represented by attorneys Gene A. Ludwig, Kyle P. Ludwig, Kale L. Ludwig and Ryan K. Culpepper of the Ludwig Law Firm in Little Rock, Arkansas.

Pulaski County Circuit Court case number 4:15-cv-00312.

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