Frequently Asked Questions

Basic Information

1. Why did I receive this notice?

You have received a notice because, according to Instacart’s records, you completed at least one batch in California between September 13, 2015 and December 15, 2020. The notice is designed to inform you of how you can claim a share of the settlement payment.

2. What is the lawsuit about?

In September 2019, San Diego City Attorney Mara W. Elliott filed an Unfair Competition Law lawsuit against Instacart, on behalf of the People of the State of California, alleging Instacart misclassified Shoppers as independent contractors instead of employees. Instacart has denied liability. But in December 2022, the San Diego City Attorney reached a settlement on behalf of the People of the State of California with Instacart in which Instacart agreed to establish a fund for restitution payments to be made to Instacart Shoppers in California, based on the total hours worked in California between September 13, 2015 and December 15, 2020.

This is a public enforcement lawsuit by a public prosecutor. This is not a private lawsuit. If you choose to submit a claim for payment, you will not be required to enter into any separate agreement or separate settlement with Instacart.

3. Who is included in the Settlement?

Eligible individuals are those who contracted with Instacart, as an independent contractor, to shop for and deliver groceries and other items using the Instacart platform in California; and delivered at least one batch in California between September 13, 2015 and December 15, 2020.

4. What does the Settlement provide?

The Settlement Amount is $46,500,000. After certain deductions are made, this will be the source for payments to Claiming Shoppers who timely apply for restitution from the fund and confirm their payment details.

5. How are the payments calculated?

Payments will be calculated proportionally to Instacart Shoppers in California, based on the total hours worked in California between September 13, 2015 and December 15, 2020. Regardless of total hours worked or number of claims made by all Shoppers, each Eligible Shopper who submits a timely claim will receive at least $10.00.

Claims

6. How do I apply for restitution from the fund?

The easiest way to apply for restitution is electronically though this website. You will need your Unique Claim Code that was sent to you by email.

7. When do I need to apply for restitution and enter payment information to be part of this Settlement?

The deadline to apply for restitution and enter your payment information has been extended from June 24, 2023, to August 31, 2023.

8. Am I agreeing to have my Shopper account deactivated by Instacart as a result of submitting a claim to receive a restitution payment in this matter?

No. Shoppers will not be deactivated as a result of submitting a claim and receiving a payment in this matter.

9. What if I lost or misplaced my electronic or physical notice with the Unique Claim Code?

If you lost or misplaced your Unique Claim Code, you may contact the Settlement Administrator toll free at 833-244-7345 or by email at Info@CaliforniaShopperSettlement.com.

10. When and where will the Court decide whether to approve the Settlement?

The Court entered its Stipulated Final Judgment and Injunction on January 27, 2023.

Payments

11. How are the payments calculated?

The Fund Administrator shall calculate a Payment Multiple based on the total aggregate hours worked in California by Claiming Shoppers. The Payment Multiple shall be calculated by dividing a Restitution Allocation amount by the aggregate active hours worked in California by Claiming Shoppers. The Restitution Allocation amount shall be an amount determined by the City Attorney that must be equal to or greater than $37,000,000. To determine each Claiming Shopper's payment, the Fund Administrator shall multiply the Payment Multiple by each Claiming Shopper's active hours worked in California between September 13, 2015 and December 15, 2020. Claiming Shoppers will receive at least $10.00 each regardless of active hours worked in California between September 13, 2015 and December 15, 2020.

12. When can I expect my Settlement payment?

The Court entered its Stipulated Final Judgment and Injunction on January 27, 2023 and further clarified that stipulation and order on April 13, 2023. The estimated distribution of settlement payments is expected to occur later this year.

13. How can I receive my payment?

You can receive your payment electronically via PayPal, Venmo, Zelle payment or by paper check sent through the mail.

14. What if I want to receive my payment electronically?

To receive a Settlement payment electronically you are required to apply for restitution online. The Settlement payment can be sent out via PayPal, Venmo, or Zelle, payment. On the electronic form you must provide your email address, phone number and select your preferred electronic payment method.

15. What if I need to update my address or contact information?

To update your address or contact information please contact the Settlement Administrator by email at Info@CaliforniaShopperSettlement.com or toll free at (833) 244-7345.