State ex rel. Horne v. Autozone, Inc.

October 1, 2014 by Justia

The Arizona Department of Weights and Measures fined AutoZone, Inc. for violating the Pricing Act, which prohibits mispricing and requires a seller to display prices on merchandise or at the point of display. The State later sued AutoZone alleging that, by violating the Pricing Act, AutoZone had also violated the Consumer Fraud Act (CFA). The superior court entered summary judgment in favor of AutoZone. The court of appeals vacated the superior court and remanded, holding that because the Pricing Act imposes a statutory duty to price items, any failure to do was not an omission but an "act," and was thus governed by the CFA's Act Clause, which imposes strict liability for not pricing goods as required by the Pricing Act. The Supreme Court vacated the court of appeals, holding (1) the court of appeals correctly held that neither side was entitled to summary judgment; (2) the CFA does not authorize disgorgement to the State; and (3) the court of appeals erred in awarding the State interlocutory attorney's fees. Remanded. View "State ex rel. Horne v. Autozone, Inc." on Justia Law