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Consumer Law
Unfair Business Practices
Overcharging

The People of the State of California v. Kohl's Department Stores Inc., a Delaware Corporation

Published: Jun. 15, 2013 | Result Date: Apr. 24, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 34-2013-00142320 Settlement –  $488,376

Court

Sacramento Superior


Attorneys

Plaintiff

Elizabeth A. Egan

Kelly J. Walker

Ruth M. Young

Tiyen Lin

Michael C. Brummel

Jan Scully

Bob Lee

Jeffrey F. Rosen
(Office of the Santa Clara District Attorney)


Defendant

Angel A. Garganta
(Venable LLP)


Facts

From 2009-2011, the Weights and Measures Departments of several counties in California made routine visits to Kohl's Department Stores, finding discounted prices were not consistently scanned by the stores' systems. Subsequently, the District Attorneys for the Counties of Santa Cruz, Fresno, Santa Clara, and Sacramento (collectively, Counties) began a three-year investigation of Kohl's.

Contentions

PLAINTIFF'S CONTENTIONS:
The Counties contended that the advertised shelf prices were not those being charged to customers at the time of payment.

DEFENDANT'S CONTENTIONS:
Kohl's denied any wrongdoing.

Result

The Counties were awarded $488,375.53 in total settlement for costs and civil penalties including reimbursement of investigation costs. The parties stipulated to an injunction preventing Kohl's from charging more than the lowest advertised price and payment of civil penalties and costs.


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