Note: It is a good idea to bookmark this article, just in case next time you’re standing at the checkout line with a manager over a pricing error. You can also access this page by memorizing and typing this in a web browser: “TinaLikes.com/error“
Glitches and pricing errors can be fantastic little “surprise deals” when you’re able to get them from your stores. However, the “when you’re able to get them” is the biggest hurdle to overcome. Luckily, if you live in California (or one of several other states), you have the law on your side!
In this article, I’m going to talk about how pricing error laws work to the benefit of the consumer, and how to use them. I’m going to focus specifically on how this law works in California, but you can check the full list of states to see if yours participates.
When this happens (weather it’s a display price tag or ringing up at the price scanner), what I do is take a picture of the signage and show it to cashier at checkout. They will usually bring a manager over to resolve the issue. When they don’t, that’s when I will recite the CA Pricing Error Law below.
When you see Free Stuff Finder posting deals on pricing errors (such as this KitchenAid deal at Target) we always mention false advertising laws. This is because many states have specific laws that protects consumers from paying a higher price than from what is advertised on the shelf. So, if you see a price tag on the shelf that seems way lower than what it should be, keep in mind that your store may have to honor it or face fines and penalties!
I’ve never had a store not honor display price errors. One time (Star Wars Dolls ringing up for $0.99 in January 2016) the manager tried to refuse, I simply pulled out the following law and read it to her. She stepped away and allowed me to buy several of the toy. Hope this comes in handy for you. Let me know in the comments below if you know of such a law in other states.
Specifically, California’s Business and Professional Code states this (Also see this code here and additional discussion here):
California B&P Code #12024.2.
(a) It is unlawful for any person, at the time of sale of
a commodity, to do any of the following:
- (1) Charge an amount greater than the price, or to compute an
amount greater than a true extension of a price per unit, that is
then advertised, posted, marked, displayed, or quoted for that
commodity.- (2) Charge an amount greater than the lowest price posted on the
commodity itself or on a shelf tag that corresponds to the commodity,
notwithstanding any limitation of the time period for which the
posted price is in effect.
(b) A violation of this section is a misdemeanor punishable by a
fine of not less than twenty-five dollars ($25) nor more than one
thousand dollars ($1,000), by imprisonment in the county jail for a
period not exceeding one year, or by both, if the violation is
willful or grossly negligent, or when the overcharge is more than one
dollar ($1).(c) A violation of this section is an infraction punishable by a
fine of not more than one hundred dollars ($100) when the overcharge
is one dollar ($1) or less.(d) As used in subdivisions (b) and (c), “overcharge” means the
amount by which the charge for a commodity exceeds a price that is
advertised, posted, marked, displayed, or quoted to that consumer for
that commodity at the time of sale.(e) Except as provided in subdivision (f), for purposes of this
section, when more than one price for the same commodity is
advertised, posted, marked, displayed, or quoted, the person offering
the commodity for sale shall charge the lowest of those prices.(f) Pricing may be subject to a condition of sale, such as
membership in a retailer-sponsored club, the purchase of a minimum
quantity, or the purchase of multiples of the same item, provided
that the condition is conspicuously posted in the same location as
the price.
This means that if you find a pricing error at your local store in California, they have to give it to you. If they don’t, they’re breaking the law. Additionally, there are other participating states where you have a good chance of being able to get it at that price, as well. Make sure you check the list of participating states to see if you one of the lucky states included in this!
Tina,
Thank you for sharing. This recently happened to me at a Walmart. The Glade Plug ins were marked at $3 (3 Count) I took a picture and showed it to the cashier. Luckily they honored it. I reside in GA.
Sweet. So glad to hear that they honored it. Thanks so much for sharing. 🙂
Hi, thanks for this great article! I live in Florida and it seemed much easier to understand the California laws than mine. Is there anyway you can go over them and let me know if they are similar?
Thanks in advance
Hi trish, I’m not a lawyer and I’m afraid I don’t want to be responsible for telling you the wrong thing lol. Google Fl retail price laws. CA is the only state I was able to understand when I researched.
Recently I was at Walmart where we saw 2 entire shelves (they were the shelves in the middle of the main isle,
Sweet. Thanks for sharing, Tammy. I really appreciate it. 🙂
Hey Tina, a few years ago (pre-coupon life) I was at a big Lots in Encinitas shopping for a Christmas tree. I found one that had a tag with a sale price which ended the day before, and since the tag was covered by the tree the employee didn’t see/know it was there and needed to remove the tag. Any way, the supervisor in charge refused to honor that sale price for me because the end sale date was posted on the tag she said and also she didn’t want to get in trouble. Would the law apply in this case?
Hi Nedine. I don’t think the law would apply in this case since there was a date that said when the sale ended. Hope that helps. 🙂
There has to be intent for that law to take affect. http://smallbusiness.chron.com/company-advertising-price-wrong-responsible-mistake-73117.html
Thanks for sharing, Anna. 🙂
Do they have the right to limit or to not even sell the item? I did the air wick deal last week and they told me i cant purchase any of the air wick due to they are currently changing the price error.
Yes, they have the right to refuse to sell a certain number to you. But if the pricing error is up, you are protected by the law I think.
What about Samsung pulling their deal. They charge me the $23.24 for 3 products but later removed them from my account then sent me an email a week later stating they were cancelling my order. I did try to call them but I could never get through. So I left a voicemail and they never called back.
Hey Pam. I’m not quite sure how it all works with the online deals. I really hope they get back to you soon with an explanation. 🙂
This is my question as well. I’ve had several “glitch” sales end up being cancelled, which is frustrating to say the least. I wonder what I would even research? I’m wondering if the brick and mortar law applies to internet sales based on which state the company is headquartered in or if they have a brick and mortar store in your state if that law would apply?
Hi Tina,
If you state the code to the store and they still refuse to sell the item to you at the pricing error price, is there anyone you can report it to? Thanks!
Hi Katie,
I’ve never had to report a store so I’m not sure who to call. However, when this situation happens to me, I am very firm when reciting the law. Your attitude and firmness sometimes will make a big difference. Not argumentative, but calm and very firm.
Simply stating the law, letting the manager know that they are breaking this law (you can show them the B&P Code from your phone) and you can file a complaint and they can be fined. I just did a quick google, this falls under state consumer-protection statutes. You might be able to call CA Consumer Affairs. Here’s a link I found with a 1-800 number on the sidebar:
http://consumerwiki.dca.ca.gov/wiki/index.php/Item_Pricing/Item_Pricing_Accuracy
So can imshow them the picture of the advertismet n get it for the price in your picture?
Hey. Unfortunately I don’t think they will accept a picture unless it’s one that you took in their store. Hope that helps. 🙂
hi i just came across a situation in california, at target i found a item on clx priced at $49.98 It scanned item not found when i took it to the register manager in charge told me the item was not priced right and could only give me the lowest sale price of item $69.98 i called corporate and they said it was up to the manager and corporate had to respect his decision. I bought the item because i needed it, are there any other steps i can take to get refund? thanks in advance.
Hi Erika, When an item scans as item not found it means that the item is suppose to be in “Salvage” and its up to the store to give you which ever price that they want (assuming there are no sticker price on the item). However, the item in this case had a sticker price of $49.98 and there for you have the right to that price according to the pricing law.
I’m not sure what steps you can take. But going to the store and reciting the law to a manager may help. Corporate doesn’t always know these state specific laws.