Of course .. sometimes the pump is way off and some states are not as big on enforcement .. some states don't allow liability to attach .. and some states even have a maximum $ fine per year .. once a pump owner knows they've reached the maximum , they are immune to any further fine , no matter how off pumps are for the rest of that year ... etc.
For example:
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Annual caps are $5,000 per pump and $50,000 per operator. An operator with more than 100 stations in Arizona, such as Circle K, could be fined a maximum of $50,000.
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Only getting around to check each pump once every 3 years .. and than finding for example 6 pumps off by up to 200 cubic inches out of 231 cubic inch test .. = .. an ~86% pumping error .. and that ~86% error pump got between $300 to $500 fine ... I think the gas station made out more $ over that 3 years than the cost of the fine.
From 2007 to 2008 Arizona only issued citations if the pump was off by 6 cubic inches out of 231 .. = roughly a ~2.59% error rate ... If it was only ~2.58% error = no fine = keep on pumping less gasoline than you charge the customer for.