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STATE EX REL. HORNE v. AUTOZONE, INC.

No. 1 CA-CV 09-0759.

258 P.3d 289 (2011)

STATE of Arizona ex rel. Thomas C. HORNE, Attorney General, Plaintiff/Appellant/Cross-Appellee, v. AUTOZONE, INC., a Nevada corporation, Defendant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

August 4, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Ann T. Uglietta, Assistant Attorney General and Carolyn R. Matthews, Assistant Attorney General, Phoenix, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Renaud Cook Drury Mesaros, PA By William W. Drury, Jr., James L. Blair, N. Todd McKay, Kevin R. Myer and Ronald I. Rubin, and Paul G. Ulrich, P.C. By Paul G. Ulrich, and Melinda K. Cekander, Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant.

Fennemore Craig, PC By Timothy Berg, and Alexander R. Arpad, Phoenix, Attorneys for Amicus Curiae Arizona Retailers Association.

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...

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