State Ex Rel. Horne v. Autozone, Inc.

OPINION

NORRIS, Judge.

¶ 1 This appeal and cross-appeal arise out of claims for deceptive pricing practices asserted under the Arizona Consumer Fraud Act (“CFA”) by appellant State of Arizona against appellee AutoZone. We hold: first, the CFA’s prohibition against deceptive acts or practices neither imposes strict liability nor requires proof of an intent to deceive although it does require proof the retailer acted voluntarily; second, evidence a retailer committed a deceptive act or practice gives rise to a rebuttable presumption the retailer acted voluntarily; third, a retailer’s failure to…