Overcharging by merchants down from the pandemic; but still higher in poor areas

The number of Marin County businesses found to be overcharging customers is down from the fraudulent surge experienced during the COVID-19 pandemic, according to the new 2023 Marin County Consumer Protection Report presented to the Board of Supervisors on March 5. 

Staff from the Marin County Department of Agriculture / Weights and Measures (AWM) reported 71% of Marin businesses complied with price accuracy requirements upon initial inspection in 2023. That’s up from 58.1% a year earlier. Also, 4.2% of consumer items inspected were rung up as overcharges at registers, down from 4.5% in 2022.

“Despite that trend, we’ve noticed that retail stores in underserved, lower-income areas fail their pricing inspections more often than businesses in more affluent neighborhoods,” said Scott Wise, Assistant Agricultural Commissioner. “It’s significant from a social equity standpoint because an overcharge causes greater economic damage to someone coming from a lower-income household than the same overcharge does for a more fortunate earner. We have increased education and outreach efforts with these businesses that cater to lower-income patrons to gain compliance.”

Businesses that fail price inspections are re-inspected monthly until they are compliant with state law. If a violation is egregious or the business has repeatedly received the same type of violations, there would likely be a fine. Businesses that continue to fail may be referred to the District Attorney’s Office for further enforcement action through its Consumer Protection Division. AWM’s goal is to gain compliance through education and outreach.

In all, Marin’s inspectors performed 13,524 inspections of prices and devices, a 7.3% increase from a year earlier, to ensure accuracy of charges to consumers. Inspectors made 395 price verification visits at 221 unique businesses during the 2023 calendar year, an increase from 307 visits at 216 establishments a year earlier.

Other key comparisons:

• Notices of violations issued to businesses: 329, up from 226 in 2022.
• Items found to be overcharged to customers: 477, up from 467.
• Items found to be undercharged to customers: 325, down from 332.

Consumer complaints, inquiries, and concerns continue to rise in Marin. The department responded to 57 such inquiries about Marin businesses, up from 41 and 24 in the two previous years. Complaints often involve retail overcharging, allegations of gas pumps “shorting” customers on fuel, or credit/debit card skimmers. The complaints are typically shared via a phone hotline – (415) 473-7888 – an email to staff, or an online form on the department’s website. Staff investigates complaints of posted prices not being honored or inability to view prices when a purchase is being rung up at the checkout stand.

AWM inspectors urge consumers to shop with care, pay attention to posted prices and promotional offers, and always retain and check their receipts to ensure the correct price was paid for merchandise and services.

AWM, with a staff of 14, is one of the County’s smallest departments based on number of employees. The department’s weights and measures inspection staff has only 3.2 full-time positions, but employees spent 6,425 hours serving t­he public’s interest by ensuring equity in the marke­­­­tplace and protecting the health and welfare of Marin residents.

Want to watch out for yourself and others more closely? There are helpful consumer tips on the Ag, Weights & Measures website.