Stores Must Honor Shelf Prices

Q.: I was at an appliance store buying a DVD player when the clerk tried to charge me $375 for one that the shelf price said was only $250. I wouldn’t pay the higher price and they wouldn’t sell it to me at the lower price because it scanned at $375. Is that legal?

A.: No. The store’s refusal to sell it at shelf price may violate Ohio’s Consumer Sales Practices Act. Price scanners are most often right, but they can also be wrong. When a retailer offers something for sale at a specific price (whether the sale price is marked on the shelf item or the price is advertised in a newspaper) and you agree to buy it at that price, the store has to sell it to you at that price. Even if the scanned price does not match the shelf price or the advertised price, the advertised price is what the consumer expects to pay and is the price the store is legally obligated to charge.

Q.: I want to buy the DVD player, but is there anything I can do about getting the reduced price?

A.: Sure, you have nothing to lose by trying. Be sure to be calm and business-like. Remember, you are just a consumer trying to be treated fairly. First explain it to the cashier. If that doesn’t work, ask to speak to the store manager. If you still are unsuccessful, ask to speak to the store owner.

If your attempts to negotiate with the store owner fail, you may wish to contact Ohio Attorney General Jim Petro’s Consumer Protection Section at 800/282-0515 or through the Consumer Protection’s page at the Attorney General’s Web site (). The Consumer Protection Section offers an informal, non-binding mediation service free of charge. A mediation specialist will work to open lines of communication with the company and work towards a favorable solution to the problem on your behalf.

If all negotiation efforts fail, you have several choices. You could pay the higher price and then sue the store to get back the overcharge. Or, if you can find the item at a lower price somewhere else, you can go buy it there, and then sue the first store for whatever amount you may have had to pay above the first store’s advertised price of $250. In fact, if you have to go to court and the court rules there have been violations of the Consumer Sales Practice Act, you may be entitled to $200 for each of those violations. In some situations, with further research, you may recover three times the price difference. Be sure to get a photo of the shelf price and product so you can prove what the shelf price was, though. Otherwise, it is just your word against their word.

As long as the amount of money involved is less than $3,000, you can file your case in your municipal or county small claims court. If you choose this option, you do not need an attorney. The Ohio Consumer Act, however, allows you to recover your attorney fees if you decide to hire an attorney to handle your case for you.

Q.: What should I do in the future to make sure I'm charged the correct price?

A.: You should be especially careful of price scanners at the checkout counter. A recent nationwide Federal Trade Commission study (which included Ohio retailers) found one price error in every 28 products that were scanned. The most frequent errors were found on sale price items that scanned at higher prices than the prices advertised. Ohio officials have not published any price scanner test results lately. However, Wisconsin state officials did testing in November 2002 that showed 21 stores out of 59 failed their accuracy tests.

There are some things you can do to protect yourself. Watch as each item is scanned to make sure the price rings up correctly. Be extra careful when you buy something that is on sale. Coupons or other discount specials may not have been entered into the computer. Also, check your receipts when you get home to be sure that the price you paid is what you expected.

When you see an error, bring it to the attention of the store cashier. You might also alert your county auditor’s office, since that office is in charge of ensuring accurate weights and measures. Your county auditor should be able to tell you when price scanners were last tested in your county and what stores were the most accurate. That way, you can improve the odds that you will be charged the right price in the first place.

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