COLUMBUS, Ohio (WCMH) — Dollar General is asking an Ohio judge to throw out a lawsuit that accuses the company of deceptive advertising.

This is the first time the public has heard from Dollar General in response to the lawsuit filed in November by Ohio Attorney General Dave Yost. The complaint, filed in Butler County, argues the company violated consumer protection laws because prices displayed on shelves were lower than prices at the register for some items at multiple Dollar General stores.

Neither Dollar General’s corporate offices nor the attorney defending the company in the lawsuit have responded to multiple requests for comment since the lawsuit was filed.

In a motion to dismiss filed Friday in the Butler County Court of Common Pleas, Dollar General’s attorney calls Ohio’s complaint “vague, ambiguous and devoid of factual allegations,” arguing the state has offered no proof of its allegations.

NBC4 found proof of the issue in November after visiting multiple Dollar General stores in Franklin County.

Franklin County Auditor Michael Stinziano, who is working with Yost’s office, said his inspectors continue to document the issue at multiple Dollar General stores.

NBC4 reported in December that the auditor’s office created new consumer warning decals to place on cash registers that failed inspections. Typically, Stinziano said retailers are quick to resolve any issues that are noted in an inspection.

“It’s just truly unprecedented to have so many failures– so much lack of desire of working together,” Stinziano said Monday. “I know it’s a point of frustration, not only for Franklin County. We want to be out testing other vendors, other stores, and making sure everyone is paying what they should be, and not just be focused on this one particular organization.”

Monica Moran, a spokeswoman for Stinziano’s office, said the following Dollar General locations repeatedly failed inspections:

  • 445 Agler Rd., Gahanna
  • 936 S. Hamilton Rd., Whitehall
  • 3409 Cleveland Ave., Clinton Township
  • 3082 Southwest Blvd., Grove City
  • 6340 E. Livingston Ave., Reynoldsburg
  • 5224 E. Main St., Whitehall
  • 4608A W. Broad St., Columbus, Prairie Township

“At the Dollar General on W. Broad St., the decals had been removed by a district manager. The decals were replaced by our office,” Moran added.

Stinziano continues to warn Dollar General customers to be aware that the price they see on the shelf may not be the price they are charged. And if that happens, they want to hear from those customers.