| Sunday, May 25, 2008 |
| Be an Educated Shopper |
This post was prompted by incidents from my life. I wish it weren't so, but as a consumer you need to arm yourself with knowledge. Stores can and will try to convince you that they are somehow exempt from that laws that protect shoppers. It's up to you to get to know those laws and make them work for you.
All of the following links and examples are applicable to the state of Michigan. If you aren't in Michigan you can find information specific to you by checking your state government's website.
They said: You have to leave the store and return on a different day before claiming the scanner reward.
The Law says: (Michigan Act 449 of 1976 445.360a)
Sec. 10a.
(1) Except as provided in subsection (3), this section applies to a sale at retail which meets all of the following conditions:
(a) There is a price stamped on or affixed to the item.
(b) The sale is recorded by an automatic checkout system.
(c) The buyer is given a receipt which describes the item and states the price charged for the item.
(2) Before bringing or joining in an action as provided in section 10(2), within 30 days after purchasing an item, a buyer who suffers loss because the price charged for the item is more than the price stamped on or affixed to the item shall notify the seller in person or in writing that the price charged is more than the price stamped or affixed. The notice shall include evidence of the loss suffered by the buyer. If, within 2 days after the notification, the seller tenders to the buyer an amount equal to the difference between the price stamped or affixed and the price charged, plus an amount equal to 10 times that difference but which is not less than $1.00 or more than $5.00, the buyer is barred from any further recovery for that loss. If the loss is suffered by 1 buyer within 1 transaction on 2 or more identical items, the amount to be tendered by the seller shall be the difference on each item, plus an amount equal to 10 times the difference on a single item but which is not less than $1.00 and not more than $5.00. If the seller does not tender this amount, the buyer may bring or join in an action as provided in section 10(2).
(3) This section does not apply to a sale at retail in which the seller intentionally charges more for an item than the price stamped on or affixed to the item.
What this means: Once the sale is complete, you've paid for the merchandise and collected your receipt, you are able to collect the scanner reward. There is no need to leave and come back. However, if you have the cashier correct the price during the sale you cannot collect the reward.
They said: We type the code in rather than using a scanner so we're exempt from that law.
The Law says: (445.351)
(b) “Automatic checkout system” means an electronic device, computer, or machine which determines the price of a consumer item by using a product identity code, and may but is not required to include an optical scanner.
What this means: They are only exempt from the law if they don't use any kind of automatic codes. Your local mom & pop grocery whose cashier type "3.99" in manually ARE exempt from the law. A store whose cashiers type the code "35902739" into the register ARE NOT exempt from the law. And, of course, any store with an optical scanner is covered by the law.
They said: Markdowns and clearance items don't fall under the law.
The Law says: There are a couple sections of the law that deal with sale items. Section 445.360a, quoted above, lists only one exception which covers fraud. Section 445.355 covers items at sale price, special price, or reduced price.
What this means: There are no listed exemptions for markdown or clearance merchandise. In fact, the law talks specifically about sale items. In short, if the item has a price tag and the store uses an automatic check-out system it is covered by the law, even if it is marked down.
As of today, I keep a copy of Sections 445.360a and 445.351 in my coupon caddy. It's rare that I run into a retailer who doesn't understand and fulfill their obligations (mostly because I try to correct the cashier rather than claim my rewards), but it does happen. I feel it's important to protect myself.
The More You Know...
Pricing and Advertising of Consumper Items Act 449 of 1976 "The Scanner Law"
Consumer Protection Act, PA 331 9f 1976
And for those of you who buy pseudoephedrine products: A breakdown of Michigan's Law versus the Federal Law and how it effects retailersLabels: FYI |
posted by Michelle at Bargains 4 Detroit & Beyond @ 1:46 PM   |
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| 3 Comments: |
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Rite Aid told me that the scanning law does not apply to items on sale. I can't find anything stating that. Does anyone know if this is true?
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No, the law specifically covers sale items. It states that the items must be available for sale and at the price advertised for the length advertised. If they use any type of electronic code to ring up their merchandise then it must scan at the price marked, be it through price tags, signs on the shelf or advertising.
This is the very reason I have a print out the the "Scanner Law" in my coupon caddy. Stores will often try to find ways to squirm out of their obligations. If you have the law with you it's easy to challenge them.
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Thanks, I emailed Rite Aid corporate and gave them the store number etc.. I also printed out the law and now have it in my coupon book. Thanks!
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Rite Aid told me that the scanning law does not apply to items on sale. I can't find anything stating that. Does anyone know if this is true?