Carquest fined $750,000 after scanner violation investigation

Complaint alleged that Carquest unlawfully charged customers prices higher than those posted on its shelves

– San Luis Obispo County District Attorney Dan Dow announced that the parent companies of Carquest Auto Parts will pay $750,000 to settle allegations of false advertising and unfair competition across multiple counties in California.

A multi-county civil enforcement lawsuit, led by the San Luis Obispo County District Attorney’s Consumer Protection Unit, was settled with a stipulated judgment. The lawsuit alleged that the companies operating corporate-owned Carquest Auto Parts stores in California charged customers higher prices at checkout than the listed shelf price.

Carquest operates about 330 stores in North America, with approximately 50 corporate-owned stores in California. The civil complaint was filed in San Luis Obispo County Superior Court on Sept. 27 by a prosecution team that included district attorneys’ offices from San Luis Obispo, San Diego, and Santa Barbara counties. The lawsuit and settlement do not involve franchisee-owned stores.

The complaint alleged that Carquest unlawfully charged customers prices higher than those posted on its shelves, an issue often referred to as a “scanner violation.” This occurs when the price at checkout is higher than the posted shelf price. Evidence collected by Weights and Measures departments from several counties over a seven-year period was detailed in the complaint:

• Between 2017 and 2023, Carquest overcharged an average of 12% of the items tested.
• In 2022, the number of overcharged items rose to 14%.
• In the summer of 2023, inspectors from 20 counties inspected 43 stores, finding that 39 of the 43 stores failed the price accuracy inspection, with nearly a quarter of the items inspected being overcharged.

Carquest had previously settled a similar lawsuit in 2012 in San Diego County Superior Court, paying $242,715.40 and agreeing to conduct additional product audits to ensure price accuracy.

“Many shoppers have had the frustrating experience of being charged at the register a higher price than advertised on the store shelf,” District Attorney Dow stated, “Our consumer protection laws require accuracy and assure confidence and integrity in the marketplace. I am pleased with the efforts in this case by our office’s consumer protection unit and that of our partners in the San Diego County and Santa Barbara County District Attorney’s offices.”

The current judgment requires Carquest to pay $657,000 in civil penalties and an additional $93,000 for investigation costs and future consumer protection enforcement. The companies also agreed to comply with price-accuracy laws. The case was prosecuted in San Luis Obispo County by Deputy District Attorney Ken Jorgensen, assigned to the Special Prosecutions Division, which includes public integrity, consumer protection, environmental protection, and white-collar fraud units.

Consumers may report price accuracy issues to the San Luis Obispo County Department of Agriculture/Weights and Measures using the Weights and Measures Online Complaint Form.

To report a consumer complaint directly to the San Luis Obispo County District Attorney’s Office, submit a complaint form available in English or Spanish.