FROM: Amy Cornell, Public Information Officer   CONTACT PERSONS: Robin Wakshull, Deputy District Attorney,  (408) 792-2584   Ken Rosenblatt, Supervising Deputy District Attorney, (408) 792-2572   For release on July 2, 2008   KELLY-MOORE PAINT COMPANY TO PAY $568,000 IN PRICE SCANNER CASE   District Attorney Dolores A. Carr announced today that her office joined with District Attorneys in San Mateo, Santa Cruz and Alameda counties in resolving a civil action against Kelly-Moore Paint Company, Inc. The complaint alleges that the Kelly-Moore, a manufacturer and retail seller of paint and painting supplies that is headquartered in San Carlos, violated the law by charging retail customers more than the lowest price advertised or posted for products. The civil complaint and stipulated final judgment were filed in San Mateo County Superior Court on July 1, 2008.   Without admitting wrongdoing or liability, Kelly-Moore consented to entry of a judgment that includes injunctive provisions and the payment of $568,138 in civil penalties, costs and restitution. The judgment requires Kelly-Moore to implement additional audit and price accuracy procedures, as well as a Scan-Right Guarantee to compensate consumers who are charged more than the lowest advertised or posted price. Signs explaining the guarantee will be posted in all of Kelly-Moore’s 90 California stores.   This case was based upon regular scanner inspections conducted by the Department of Weights and Measures in counties that include Santa Cruz, San Mateo, Santa Clara, and Alameda, as well as other counties throughout the state. Kelly-Moore cooperated with inspectors and the District Attorneys’ Offices during the investigation and has initiated new procedures to monitor pricing accuracy.    District Attorney Carr stated, “I encourage consumers to watch the register when items are being rung up to ensure that they are charged the correct price and to contact the Department of Weights and Measures if they encounter pricing problems, such as not receiving the lowest advertised or posted price.”    If Santa Clara County consumers have a question or complaint about store pricing, please call the Santa Clara County Department of Weights and Measures’ toll-free SCANNER HOTLINE at 1-866-SCANNER (722-6637).   ###

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