Estimated reading time: 9 minutes.
Key facts
- What happened: A Massachusetts shopper filed a proposed class action against The Stop & Shop Supermarket Company, LLC on October 15, 2026, over a $3.95 fee on online grocery pickup orders.
- The case: Douglas v. The Stop & Shop Supermarket Company, LLC, No. 3:26-cv-30170, in the U.S. District Court for the District of Massachusetts.
- The core claim: The complaint says Stop & Shop shows shoppers a price without the pickup fee while they fill their cart and adds the fee late in checkout, in violation of Massachusetts junk fee rules that took effect on September 2, 2025.
- Who the suit covers: A proposed class of everyone in the United States who placed an online pickup order through stopandshop.com or the Stop & Shop app on or after September 2, 2025.
- What the plaintiff wants: Damages, restitution, a court order changing the checkout process, and attorneys' fees.
- Status: The case is at its earliest stage. No class has been certified and Stop & Shop has not filed a response. There is nothing to claim yet.
In this article
- What the lawsuit is about
- Who the parties are
- How the checkout works according to the complaint
- The Massachusetts junk fee rules
- What the plaintiff is asking for
- Arguments Stop and Shop could raise
- Timeline
- What happens next
- What remains unclear
- Frequently asked questions
What the lawsuit is about
Stop & Shop lets customers shop online and pick up their groceries at a store. The complaint says that when customers start an online pickup order, the site and app show a running subtotal that leaves out a $3.95 pickup fee. The fee appears, the plaintiff says, only at the bottom of the cart page and on the final payment screen, after the shopper has picked a pickup time and is asked for billing information.
The lawsuit calls this a "cheap trick" and argues it is the kind of practice Massachusetts targeted when it adopted rules against hidden or "junk" fees. A junk fee, in plain terms, is a mandatory charge that is not included in the price a consumer first sees.
What a proposed class action means One person, here Susan Douglas, sues for herself and asks the court to let her represent everyone with a similar claim. Until a judge certifies a class, no one else is officially part of the case and no money is available.
Who the parties are
The plaintiff. Susan Douglas lives in Feeding Hills, Massachusetts, a village in the town of Agawam. The complaint says she placed an online pickup order through the Stop & Shop app on or around March 31, 2026, and saw a checkout process substantially like the screenshots in the filing.
The defendant. The Stop & Shop Supermarket Company, LLC is a Delaware company with its principal place of business in Quincy, Massachusetts, according to the complaint. Stop & Shop is part of Ahold Delhaize, the Dutch-Belgian grocery group. Ahold Delhaize says Stop & Shop was founded in 1914 in Somerville, Massachusetts, and operates 362 stores and 352 pickup points. Its store locator lists locations in Massachusetts, Connecticut, New York, New Jersey and Rhode Island.
The lawyers. The plaintiff is represented by Max S. Roberts of Bursor & Fisher, P.A., a firm that frequently brings consumer class actions.
How the checkout works according to the complaint
These are the plaintiff's allegations, supported by screenshots in the complaint. Stop & Shop has not responded in court.
- Shopping. As items are added, a cart icon shows a subtotal that does not include the pickup fee.
- The cart page. A pink "Checkout" button sits at the top of the cart page, so shoppers do not have to scroll to continue. The complaint says that only if a shopper scrolls to the bottom do they see a "Bottle Deposit Fee" and a line labeled "Fees."
- The fee explanation. Clicking an icon next to "Fees" reveals that it is a single "Pickup Fee." Clicking an "i" icon next to that shows a pop-up stating: "The Pickup fee is not a tip or gratuity, and no portion of this fee is paid to the pickup attendant. Our pickup attendants are not permitted to accept tips." The complaint argues this says what the fee is not for, but never what it is for.
- Pickup time and payment. After "Checkout," the shopper picks a pickup slot and then reaches a page to enter payment and billing details, where the total includes the $3.95 fee.
The plaintiff argues that because the subtotal is repeated several times and the "Checkout" button does not require scrolling, a shopper can reach the payment page without having seen the full price.
The fee itself is not the issue The lawsuit does not claim stores cannot charge for pickup. It claims the fee was not disclosed clearly enough, early enough, or with an explanation of its purpose, as Massachusetts rules require.
The Massachusetts junk fee rules
The regulations are found at 940 CMR 38.00 and were issued by Massachusetts Attorney General Andrea Joy Campbell. They took effect on September 2, 2025. A violation counts as an unfair or deceptive practice under Chapter 93A, the state's main consumer protection law.
The complaint relies on three parts of section 38.04, which say it is unfair or deceptive to:
- Fail to disclose "Clearly and Conspicuously" the total price of a product when its price is first presented, or any later presentation.
- Fail to disclose, when the total price is first presented, "the nature, purpose, and amount" of any fees, not counting shipping charges and government charges.
- Fail to disclose the total price before asking a consumer for personal information, including billing information.
"Total price" under the rules means the full amount a consumer must pay, including mandatory fees. When the rules took effect, the attorney general's office defined junk fees as "hidden, surprise, or unnecessary costs that increase the total price of a product beyond the advertised price," and said businesses often reveal them only "at the end of a transaction after consumers have already provided their personal billing information."
What the plaintiff is asking for
The complaint brings a single claim under Chapter 93A and asks the court to:
- Certify a nationwide class of online pickup customers since September 2, 2025, which the plaintiff estimates at "at least in the tens of thousands."
- Award compensatory and statutory damages. Chapter 93A, section 9 allows recovery of actual damages or $25, whichever is greater, and up to three times actual damages if a violation was willful or knowing.
- Order restitution and an injunction requiring a changed checkout process.
- Award attorneys' fees, costs and interest.
Chapter 93A requires a consumer to send a written demand letter at least 30 days before suing. The complaint says the plaintiff's lawyers served one on September 11, 2026, and that Stop & Shop did not make a written settlement offer for the class.
Arguments Stop and Shop could raise
Stop & Shop has not filed a response, and we did not find a public statement from the company. Based on the rules and the attorney general's published guidance, issues it may raise include:
- Information icons. The attorney general's guidance on the fee rules says businesses may use information buttons or links as a commercially reasonable way to explain a fee's nature and purpose. Stop & Shop could argue its icons satisfied the rule. The plaintiff argues the pop-up never states the purpose.
- Nationwide reach. The proposed class includes customers outside Massachusetts. Whether a Massachusetts regulation covers pickup orders placed in Connecticut, New York, New Jersey or Rhode Island is likely to be contested.
- Injury. Courts sometimes require 93A plaintiffs to show a real injury beyond a technical violation.
These are possible arguments, not positions the company has taken.
Timeline
| Date | Event |
|---|---|
| September 2, 2025 | Massachusetts junk fee rules take effect |
| March 31, 2026 | Plaintiff places an online pickup order, according to the complaint |
| September 11, 2026 | Plaintiff's lawyers serve a Chapter 93A demand letter |
| October 15, 2026 | Complaint filed in federal court in Massachusetts |
| October 16, 2026 | Court issues a summons to Stop & Shop, according to the docket |
What happens next
Once served, Stop & Shop will have a set period to respond, often with a motion to dismiss. If the case survives, the parties would exchange evidence and the plaintiff would later ask the judge to certify the class. Many consumer class actions settle before trial, but nothing about a settlement has been reported here.
If a settlement or class certification happens, eligible customers would typically be notified and given instructions.
Keep your order records If you placed pickup orders since September 2, 2025, saving your receipts may help if a settlement is announced later. People who fit a proposed class definition do not need to file anything now.
For cases you may be able to act on now, see our list of class action cases you can join.
What remains unclear
- The judge. The public docket we reviewed did not yet show an assigned judge.
- The fee today. We could not confirm whether the pickup fee or checkout design has changed since the screenshots in the complaint.
- How many people paid it. The class size is an estimate on information and belief.
- Stop & Shop's position. The company has not responded publicly or in court.
This article is for information only and is not legal advice. Filing a lawsuit does not mean the allegations are true, and no court has ruled on them.
Frequently asked questions
What is the Stop and Shop pickup fee lawsuit about?
A Massachusetts shopper says Stop & Shop hid a $3.95 pickup fee until late in online checkout and did not explain its purpose, which she argues violates Massachusetts junk fee rules.
Can I join the Stop and Shop class action?
Not yet. The case is a proposed class action. If a judge certifies a class or the parties settle, eligible customers would usually be notified. There is no claim form now.
Who is included in the proposed class?
Everyone in the United States who placed an online pickup order through stopandshop.com or the Stop & Shop app on or after September 2, 2025, as defined in the complaint.
How much money could customers get?
It is too early to say. Massachusetts law allows actual damages or $25, whichever is greater, and more for willful violations, but any payment depends on a ruling or settlement.
Does Stop and Shop still charge a pickup fee?
The complaint describes a $3.95 fee as of its filing. We could not independently confirm current pricing, which may vary.
What are the Massachusetts junk fee rules?
They are regulations at 940 CMR 38.00, effective September 2, 2025, that require businesses to show the total price, including mandatory fees, upfront and to explain each fee's nature, purpose and amount.
