Kroger has agreed to pay $17 million to settle a class action that says the grocer overcharged insured customers at its pharmacies. Anyone who paid in whole or in part for a prescription at a Kroger pharmacy using insurance between December 9, 2018 and August 23, 2026 is in the class. Claims are open on the administrator’s official settlement website until December 21, 2026.
The case is Kirkbride et al. v. The Kroger Co., No. 2:21-cv-00022, in the U.S. District Court for the Southern District of Ohio. The plaintiffs say Kroger told insurers its “usual and customary” price for generic drugs was the higher shelf price, not the lower price it charged cash customers in its Rx Savings Club. They say insured customers paid copays and coinsurance based on that inflated figure, according to the court’s preliminary approval order.
The order, issued June 24, 2026 by Judge Algenon L. Marbley, describes the claims as a “fraudulent and deceptive pricing scheme” and lists fraud, unjust enrichment and negligent misrepresentation. The judge found the deal fair enough to send out notices, which is only a first step.
That leaves a simple question for people on Medicare Part D, a workplace plan or any other drug coverage who filled prescriptions at Kroger or one of its sister stores over the past eight years. Does a claim need to be filed, and what proof will it take? A claim form is required. Nothing is paid automatically, even to people on Kroger’s own list of known purchasers.
What changed this year: Social Security and Medicare change every year, and nobody sends you a memo. The Retirement Money Brief breaks down what changed and what to do. Bonus when you subscribe: our Open Settlements & Refund Tracker.
Get the Brief and the settlements tracker →
We may earn a commission from links on this page.
Who is covered
The class is defined in the administrator’s long-form notice as all individuals in the United States and its territories who paid in whole or in part for one or more prescription drugs from Kroger using their insurance during the class period. Judges, Kroger officers and directors, and people who already sued or settled over Savings Club pricing are left out.
“Kroger” covers more than the Kroger name. The plan of allocation lists these banners: Baker’s, City Market, Dillons, Food 4 Less, Foods Co, Fred Meyer, Fry’s, Gerbes, Jay C Food Store, King Soopers, Kroger, Mariano’s, Metro Market, Pay-Less Super Markets, Pick ‘n Save, QFC, Ralphs, Ruler and Smith’s Food and Drug.
How much each person could get
There is no fixed check. The $17 million is a pool, and each approved claim gets a share, called a pro rata payment. The notice says a person’s “Recognized Claim” is divided by all approved Recognized Claims, then multiplied by what is left of the fund. It states no minimum payment.
The Recognized Claim depends on how much a person says they paid out of pocket at Kroger with insurance. The plan sets five levels:
- $1 to $500 in spending counts as $500
- $501 to $1,000 counts as $1,000
- $1,001 to $4,000 counts as $4,000
- $4,001 to $7,999 counts as $7,999
- $8,000 or more counts as the amount in the claimant’s documents
The final per-person amount is unknown because nobody knows how many people will file. Class lawyers have asked the court for $5,666,666.66 in fees, one third of the fund, plus costs of up to $610,325.71. If the judge grants all of that, about $10.7 million would remain before administration costs and service awards of up to $5,000 for each named plaintiff.
Filing the claim
Claims are filed online through the settlement site’s Submit Claim page, or on the downloadable claim form. People who cannot use the internet can write to the administrator, Angeion Group, at 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, or call (888) 535-4262. Payment can come by Zelle, PayPal, Venmo, direct deposit or paper check. Checks must be cashed within 180 days.
Proof matters at the top end. Claims of $8,000 or more need documents that identify the payments to Kroger. The notice adds that smaller claims may need paperwork too if the filer is not on Kroger’s list of known purchasers. Pharmacy printouts, insurer statements and receipts all help.
The four dates on this notice
- Claim deadline: December 21, 2026.
- Opt-out and objection deadline: October 22, 2026. It has passed. Anyone who stays in the class gives up the right to sue Kroger separately over the same pricing practice, whether or not a claim is filed.
- Fairness hearing: January 11, 2027 at 10 a.m., before Judge Marbley in Columbus, Ohio. The notice says the date can change.
- Payment: the first distribution is due within 120 days after the settlement takes effect, which means after final approval and any appeals. An appeal could stretch the wait to years.
The claim deadline comes before the fairness hearing. That means claims must be in weeks before the judge decides whether to give final approval. If the court rejects the deal, no money goes out.
Spotting a fake claim site
The only legitimate way to file is through the administrator’s site at krogersavingsclubsettlement.com or the address and phone number above. Filing costs nothing. Anyone who asks for a fee, a Social Security number to “release” a payment or a bank login is not the administrator. The court-approved notice does not ask for any of those.
The Federal Trade Commission keeps a list of the refund programs it runs at ftc.gov/enforcement/refunds. This Kroger case is a private class action, not an FTC program, so it will not appear there. The settlement website and the court docket are the sources to trust.
Old pharmacy receipts and the December 21 cutoff
The class stretches back to December 2018, and many people no longer have receipts. Insurance portals and Medicare Part D plan statements often keep several years of pharmacy claims. Those records are the best way to turn a rough estimate into a supportable claim.
The administrator says the filing cutoff is December 21. For people who filled insured prescriptions at Kroger-owned stores since 2018, the open question is whether the paperwork can be gathered in the next eight weeks.
Filled insured prescriptions at Kroger since 2018?
A claim window that closes December 21 is easy to miss when the notice sits in a drawer and the pharmacy receipts are scattered. A late claim is a rejected claim, and the pro rata share goes to everyone else.
The Settlement & Refund Recovery System includes the four-date rule for reading a settlement notice, so the claim, objection, hearing and payment dates are sorted the first time. It also includes a step-by-step filing walkthrough and a claim log and payment tracker, plus a 5-tab Excel tracker pre-filled with all 51 state unclaimed-property offices.
Get the settlement filing walkthrough and claim log tracker →
More Financial Reading
- 21 Ways to Stretch a $2,087 Social Security Check
- 15 Places to Find Your Share of the $4.25 Billion States Give Back
- 17 Medicare Money Moves Now That Part D Caps at $2,400
This article was produced with AI assistance and edited for accuracy against the sources linked above.
Warren Cohen is a finance writer based in Phoenix, Arizona, covering personal finance topics including credit, banking, and beginner investing. He earned his degree in business administration from Arizona State University and began his career working in consumer finance, where he gained direct experience with lending and credit systems. He now writes for personal finance websites and fintech platforms, focusing on clear, practical content that helps readers make informed financial decisions.
