State ex rel. Horne v. Autozone, Inc.

Autozone was fined for violating the Pricing Act. The State subsequently sued AutoZone under the Arizona Consumer Fraud Act (CFA), alleging that by violating the Pricing Act, AutoZone had also violated Ariz. Rev. Stat. 44-1522(A) (Statute), which prohibits deceptive practices in connection with the sale or advertisement of merchandise. The superior court entered summary judgment for AutoZone. The court of appeals vacated the superior court and remanded. Among other things at issue before the Supreme Court was whether the Statute's Act Clause, which prohibits deceptive acts or practices in connection with the sale or advertisement of merchandise, or the Omission Clause, which prohibits omission of material facts with intent that others rely on such omissions, governed the State's non-pricing claims. The Court vacated the court of appeals, holding (1) the court of appeals correctly held that neither side was entitled to summary judgment, as the question of whether AutoZone had the intent required by the CFA was an issue of fact, regardless of whether the Act or the Omission Clause applied to the non-pricing allegations; (2) the CFA did not authorize disgorgement to the State; and (3) the court of appeals erred by awarding the State interlocutory attorney's fees. View "State ex rel. Horne v. Autozone, Inc." on Justia Law