San Bernardino County District Attorney Jason Anderson joined several California District Attorney’s Offices in announcing that Home Depot U.S.A. Inc., entered into a Stipulated Judgment and will pay $1,977,251.28 to settle a civil law enforcement complaint that alleged Home Depot engaged in false advertising and unfair competition. The Consumer Protection Units of the District Attorneys of San Bernardino, Alameda, Los Angeles, Orange, and Sonoma counties investigated and prosecuted this matter, and the case was filed in San Diego County Superior Court.
The civil complaint filed by prosecutors alleged that Home Depot unlawfully charged customers prices higher than Home Depot’s lowest advertised or posted price. This problem is often called a “scanner violation,” which is when the price on the item, or on the item’s shelf tag, is not the same once the UPC code is scanned at the point-of-sale device or register.
San Bernardino County District Attorney Anderson stated “Through this litigation, our Consumer Protection Unit worked tirelessly to ensure our residents are not taken advantage of by false or misleading advertising. With Home Depot’s continued cooperation with auditing procedures and inspections throughout the state, we are able to enforce future compliance, and put an end to overcharging.”
Deputy District Attorney Rick Lal with the San Bernardino County District Attorney’s Specialized Prosecutions Division prosecuted this case. He stated that the Judgment includes an injunction that prohibits Home Depot from engaging in false or misleading advertising and charging an amount greater than the lowest price posted for an item. The Judgment requires Home Depot to implement a Price Accuracy Program which adds additional audits and training and eliminates price increases on weekend days. The new price accuracy procedures will assist Home Depot in complying with California’s pricing accuracy requirements.
Prosecutor Lal further noted that the Judgment requires Home Depot to pay $1,700,000 in civil penalties and $277,251.28 in costs and restitution to cover investigation costs and support future enforcement of consumer protection laws. Home Depot has not admitted any liability or wrongdoing but has cooperated with weights and measures inspectors throughout the state and with prosecutors.
The San Bernardino County Department of Agriculture, Weights and Measures, is the agency that inspected Home Depot throughout San Bernardino County and is instrumental in monitoring retailers to make sure that consumers are being charged a correct and accurate price. Consumers may report overcharges to Weights and Measures by calling (909) 387-2105 or via e-mail to awm@awm.sbcounty.gov.