Residents in the Inland Empire may want to look at old receipts and debit or credit card purchases from CVS. There are currently 43 CVS/pharmacy stores in Riverside County where consumers may have been overcharged for purchased items.
District Attorney Mike Hestrin announced Thursday, May 21, 2015, that CVS Pharmacy, Inc., a Rhode Island-based corporation doing business in California as CVS/pharmacy, has agreed to settle a $2.4 million consumer protection lawsuit alleging that the company overcharged customers.
The case was brought to the attention of authorities by the state Division of Measurement Standards and officials with various county weights and measures agencies. The civil complaint was filed in Los Angeles County and brought by District Attorney’s Offices in Riverside, Los Angeles, and Ventura counties.
The complaint alleges that CVS engaged in misleading advertising by charging more at check-out than the advertised price. Also, the company was failing to give cash back on gift cards less than $10, as required by state law.
This is the second civil complaint involving misleading advertising filed against CVS in the past five years. The first lawsuit was resolved in 2011 by stipulated judgment as well.
As part of the stipulated judgment in this current case, CVS agrees to pay $2.025 million in civil penalties and $102,504 in investigative costs. The corporation is also required to pay $275,000 to the Consumer Protection Prosecution Trust Fund for the enforcement of consumer protection laws. CVS agreed to this settlement without admitting any liability or wrongdoing.
As part of the settlement, CVS agreed to administer pricing programs for a period of three years to ensure that consumers are not overcharged for their purchases. CVS will enhance its existing “Scan Right” guarantee program by electronically keeping track of when a customer is overcharged and qualifies for the program. In addition, the enhanced “Scan Right” guarantee program provides that if an item scans at a price higher than the lowest advertised or shelf price, CVS will either give the item to the customer for free if the price is $4 or less, or if the item is priced more than $4, CVS must deduct $4 from the lowest advertised price.
The $2.025 million civil penalty will be distributed in three equal parts to the DA’s Offices in Riverside, Los Angeles, and Ventura counties. The Riverside County Department of Weights and Measures will receive $30,554 in the settlement.
The judgement was signed May 19, 2015, by Los Angeles County Superior Court Judge Elizabeth Allen White.
Consumers who believe they may have been overcharged by any company, including CVS, are encouraged to contact their county weights and measures agency. In Riverside County, please go to:
http://www.rivcoag.org/DepartmentInformation/WeightsandMeasuresProgramsandServices.aspx
In Riverside County, the case was handled by Deputy District Attorney Elise Farrell of the DA’s Consumer Fraud Unit