On 8-2- 2020, I was victimized by Winn Dixie aka Southeastern Grocers, LLC as they are conducting a scheme to defraud the public by advertising low prices within their store and overcharging customers at the register. The advertised price for 12 eggs was $1.16. I purchased two cartons and was charged a $1.34 for each carton(a 14% overcharge). Apparently this overcharge is programmed into the system operated by Southeastern Grocers in order to fraudulently overcharge customers and unjustly enriched the organization. Evidence of this "ongoing course of conduct" being an intentional fraudulent scheme is(1) the organization is knowingly ignoring consumer complaints to the Better Business Bureau®(according to BBB reports) and this has happened to me before.
When this has happened to me in the past and the item always would overcharge me never an undercharge.
Clearly this is a theft of consumer funds and is an "ongoing course of conduct" by Southeastern Grocers, LLC.
Florida statute 772.11 provides a civil penalty for theft or exploitation with a minimum damage of $200 plus attorney's fees and court cost.
This complaint will be forwarded by the Better Business Bureau to Southeastern Grocers, LLC and it should serve as a demand letter for $200 pursuant to Florida Statutes.
As a settlement I'm requesting that Southeastern Grocers do one the following;
1. Satisfy all unanswered complaints against them with the Better Business Bureau since they have a history of ignoring consumer complaints. NOTE: The BBB online issued an ALERT for this business that states "Pattern of Complaint: BBB files show the company has a pattern of not responding to complaints presented by the BBB and company has failed to eliminate the basic cause of complaints. Concerns were outdated items being sold, pricing issues...". See- https://www.bbb.org/us/fl/jacksonville/profile/grocery-store/southeastern-grocers-llc-0403-1642
2. Stop selling eggs altogether since this item is being used in this scheme to exploit/defraud their customers.
3. Make a payment of $200 to me pursuant to Florida State Statute 772.11 Civil remedy for theft or exploitation. See- http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0772/Sections/0772.11.html
This state law grants victims minimum damages in the amount of $200, and reasonable attorney's fees and court costs.
I am offering Southeast Grocers, LLC the opportunity to save the expenditure of paying my court cost and attorney's fees by promptly paying $200 within 30 days or satisfying items 1 or 2 above.