Safeway this week has lost an appeal to the US Court of Appeals for the 9th Circuit in which it sought to have overturned the result of a class action suit in which it was successfully charged that the retailer overcharged online customers for their deliveries.

The suit goes back to 2010, when Safeway was accused of increasing the price of products sold online by 10 percent over in-store prices without informing its shoppers, which the plaintiffs said was a violation of its customer contract.

Safeway is on the hook for $42 million - $31 million in what is seen as misbegotten profits, with the balance being interest accrued.

KC's View: I’d write the check. Sounds like the bill is getting bigger with every passing day.