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# Hard hat area Retail sting catches stores overcharging
- URL: https://www.smdp.com/hard-hat-area-retail-sting-catches-stores-overcharging/
- Published: 2003-12-09T16:00:00.000Z
- Updated: 2026-10-23T03:18:37.000Z
- Author: John Wood
- Tags: Business, Promenade, #archive-import

*Officials caution shoppers to be wary during holidays*

CITY HALL — Nine Santa Monica retailers have been accused of overcharging customers by as much as $100, the City Attorney’s Office announced Monday.

Among the stores are fashion outlets Bebe, Urban Outfitters and the Gap — all located on the Third Street Promenade — drugstore Walgreens, and bookstore giant Barnes & Noble.

The merchants allegedly overcharged consumers by as little as $2 for one item — at the Coffee Bean on Montana — and as much as $101.10 for three items — at clothier Diesel, also on the Promenade, according to an undercover consumer sting by the LA County Weights and Measures bureau.

Deputy City Attorney Adam Radinsky said all nine defendants are scheduled to appear in court this week. Each faces a maximum penalty of $3,300 and, if convicted, will be required to post a 60-day “notice of violation” in front of their respective stores.

David Peterson, an attorney for Diesel, called the overcharge a “glitch,” and said it occurred as the store was installing a new computer-based pricing system.

“In the past, when there were sale items and things, the clerks had to manually enter prices,” Peterson said. “Now, there’s a new computer system.” by the charges.

“I had no idea,” said Cindy Logan, of Manhattan Beach, a wardrobe stylist shopping at Diesel. “I’m one of those people, I look at prices on my receipt. I’m very aware of what I pay, but not all people are.

“I think it’s totally wrong,” she added. Pastor Herrera, director of the LA County Department of Consumer Affairs, said that during the holiday season, especially, shoppers need to be diligent in checking their receipts.

“We have seen in the past that many of the sales items are not scanned with the sale price and, particularly during the holidays, I think it’s important that consumers really be more alert of that situation,” said Herrera, who urged shoppers to report overcharges.

Complaints can be made directly to the LA County Weights and Measures bureau, a division of the Department of Agriculture. Deputy Director Jeff Humphreys said his team of inspectors regularly patrols the 8,400 LA stores that have scanners.

Of the 6,800 stores inspected since February of 2002, 1,450 overcharged investigators on at least one item, Humphreys said, adding that merchants are seven times as likely to charge more than the posted price for an item than they are to charge less.

For more than a decade, the bureau relied on just one inspector to survey the entire county, Humphreys said. But in February of 2002, the bureau established a sliding-scale registration fee for all scanners, creating revenue that has allowed the bureau to hire a team of 14 inspectors.

“Obviously, we’re doing a lot more undercover inspections,” Humphreys added. “We used to focus just on grocery stores, really just the grocery chains, and a few department stores. And often, really, we were responding just to complaints.”

Humphreys said the bureau investigates about 30 complaints each month, in addition to its routine inspections. He said the most frequent violation is when stores leave up sale tags after the discount has expired, but added that also common are botched percentage-off calculations and bona fide sale items that ring up at full price at checkout.

The recent charges are based on a series of undercover inspections conducted between May 22 and July 9 in Santa Monica. Also named as defendants are Sears on Colorado Boulevard and Carlton Cards in Santa Monica Place mall.

Cato Fiksdal, commissioner of the LA County Department of Agriculture, which oversees the bureau of Weights and Measure, said there may be even more discrepancies at the checkout aisle now than there were in the summer, when the sting was conducted.

“In general, the holiday season is a time when there are a lot of sales, a lot of merchandise, a lot of shoppers,” he said. “Every one is busy and there is a lot of part-time help out there.”

Josh Burell, general manager of Urban Outfitters, explained that the overcharge at his store is unlikely to reoccur. He attributed the mistake to a worker not double-checking the new sales promotions in the store.

“What we were guilty of was sort of jumping the gun at our store, giving the discounts to most customers ahead of time,” he said, explaining that the signs went up for sales before the computers were programmed. “The error is still on our part because we should, obviously, charge what’s advertised.”

> “What we were guilty of was sort of jumping the gun at our store, giving the discounts to most customers ahead of time.” — — JOSH BURELL General manager, Urban Outfitters

Mike Terry, 30, a West LA resident and recording engineer shopping on the Promenade Monday afternoon, said he would take some extra precautions this holiday season.

“Usually, when I buy something, I check (receipts),” he said. “Now, I’ll be sure to.”

*Originally published in the Santa Monica Daily Press print edition on December 9, 2003.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/120903.pdf?ref=smdp.com)