There is currently a trend by the Department of Weights and Measures to criminally charge retail stores when the price at the cash register does not reflect posted or advertised prices. This is a strict liability offense if the discrepancy exceeds one dollar. However, presentation of mitigating circumstances can result in either reduction or dismissal.
Representative cases
- Our client, a major national chain store, was charged in multiple cases with misleading consumers by charging more at the register than on the price advertised on the floor. Multiple stores were charged with Weights and Measures Violations. Most cases were resolved for infractions. One case involved a misdemeanor conviction without probation which was immediately expunged.
