Grocery giants Albertsons and Vons agreed to settle a lawsuit for about $3.9M for overcharging customers on products they packaged.
The lawsuit also found the retailers falsified how much certain products weighed.
A week ago, the San Diego County District Attorney's office helped file the lawsuit with other DAs across the state.
The lawsuit was filed in Marine County, and included prosecutors from Alameda, Los Angeles, Riverside, Sonoma, Ventura, and San Diego.
Allegations against the grocers included charging customers prices higher than their lowest advertised posted price.
This was found on meats, produce, baked goods, and more.
In San Diego, the County's Agriculture, Weights, and Measures Department went to Albertsons and Vons stores throughout the County to investigate if the correct prices were being charged.
In a data report the Department shared with ABC 10News, labeling violations were found at Vons in Carlsbad, the City of San Diego, Santee, and Chula Vista, dating as far as 2015.
Kathryn Turner, Deputy District Attorney, handled the case on behalf of San Diego.
Turner said, "During the course of our investigation, we realized that it wasn't just a scanner violation case. The price on the shelf wasn't matching what was being rung up at the register."
According to the lawsuit, Albertsons "Had issues with inaccurate weights on the label of their products."
Turner said the weight problems were found around the edge of the stores.
Founder of Consumer Watchdog Harvey Rosenfield said that strategy is called, "The science of selling."
"They know that most people turn right when they enter the store, not left," Rosenfield said. They know exactly how people observe things when they walk around the store, which is why companies make sure they put their products at a certain level of eyesight or at the end of the row. There's a very intricate science of marketing inside the grocery store."
Turner said as part of settling the lawsuit, the Judgement included an incentive program called 'Price Accuracy Program'.
Turner hopes it gives some power back to the customers by keeping grocers accountable.
"Shoppers can let their cashier know immediately when they've been overcharged," Turner said. "In return, they will receive up to $5, a $5 gift card, or if the item overcharged is less that $5, they'll receive the entire item for free. So it's really encourage shoppers to let the store know there's a problem and to fix it right away."
Turner also wanted to remind shoppers to check receipts and always call or file a complaint with the County's Weights and Measures Department.
It will go out and investigate your complaint at the retailer you suspect has unfairly overcharged you.
The General Consumer Complaint Form [sandiegocounty.gov] or by calling 1-888-TRUE-SCAN (878-3722) (toll free) or e-mail wm.awm@sdcounty.ca.gov.
A spokesperson for the grocers wrote ABC 10News that they have taken steps to ensure price accuracy:
Albertsons, Vons, Pavilions takes this matter seriously and remains committed to ensuring that our customers can shop with confidence. We have taken steps to ensure our price accuracy guarantee is more visible to customers by posting signage at multiple locations at the front of our stores. We have conducted additional comprehensive training for associates to reinforce the importance of price accuracy and customer transparency. Additionally, we have enhanced price tracking systems to better ensure real-time accuracy at stores.
We are committed to ensuring our customers pay the lowest advertised price on a product, and we work quickly to correct any price discrepancies. Any customers who may have been inadvertently charged a higher price are eligible to receive a gift card or the item for free as outlined under Albertsons, Vons, Pavilions price accuracy guarantee policy which can be found posted in stores.
On background:
The Albertsons, Vons, Pavilions Price Accuracy Guarantee, posted in stores, is as follows:
- If we overcharge you for any item and the lowest applicable advertised price is $5 or less, we will give you the item for free.
- If we overcharge you for any item and the lowest applicable advertised price is over $5, we will give you a $5 gift card and charge the correct price.
- If we overcharge you for more than one of the same item, the free item or gift card is limited to one of those items.
- If we overcharge you for two or more different items, the free item or gift card policy applies to the highest priced item.
