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!
Hi Tina, I appreciate this info. I live in Arizona, which is on the list of participating States (but the link to the actual AZ law is broken on the website). I recently have had issues with pricing errors at one particular Walmart store ever since I scored a Norelco shaver for $1 due to a price glitch. Anyways, it seems they have targeted me as ineligible for future savings. I was at the register purchasing two packs of thermal socks which had .03¢ price tags (obviously an error) and they rang up at $3. Management said they would honor one of the errors, but not both. I read their pricing policy, which was posted at the register, and his response was that he was only honoring 1 of the prices. I reminded him that he was not just breaking company policy, he was in violation of the law. He said that if I had a problem I can call the cops.
My question is: how do I take action in this situation? Do I call the cops, or do I find a complaint with the department of agriculture: weights and measures? I hope you can help me, I’m sick and tired of being discriminated against at this store, denying me the same opportunities to save $$ as the next customer. I’m abiding company policies, why can’t they do the same? 🙁
Hi Blaise. I’m so sorry that you’ve had to go through this. I guess the action you take will depend on how serious you are about this matter. I’m sure the managers will change their minds if they see you actually calling the cops. 🙂
Does that apply at grocery stores?
Hey. Yes, it applies at grocery stores as well. 🙂
Hi Tina!
How does this work in relation to online orders? For instance, I have just recently purchased a Canon T5i DSLR camera from Walmart for $100. This same camera retails for $500-$600 in other stores. Walmart has cancelled my order without my authorization. I live in the state of FL and the Florida Statutes does make mention of item/price misrepresentation; however, there is nothing in regards to pricing errors. Any advice would be much appreciated.
Best,
Sajid
Hey. As far as I know, this doesn’t apply to online orders. I don’t believe they have any laws about that in place, but it’s definitely something that needs to be looked into. 🙂
I’m in Chicago Illinois I saw speakers that were on display for 1 cent and they refused over and over to honor it. I looked up the states and California and Illinois both has section A for the laws does that mean they were supposed to honor it?
Hi Esther. It sounds like they should have honored it. I really wish you could have gotten them. 🙂
Does this law,apply in Alabama hun
Hi Missy. Each state has it’s own laws. You can look up the laws for Alabama by clicking on the list of states. Hope that helps. 🙂
Missy, I noticed Alabama(since it was at the top of the list) while checking if my state has any laws and looks like we’re born outta luck on this one
i wished i had known about this sooner. Last year the GoPro4 at walmart was marked $199. When i asked to buy 4, it rang up $399 or $499 and they said it was a price error and didnt let me buy them. BTW, where can i find the extended version like the California one? i pulled up one for Alaska, but it was only 1/2 a page. Thank you!
Hey. Wish you would have know about it sooner as well. Unfortunately the articles are different for each state. 🙂
Hi Tina!
Do you know if stores are required to honor deals when the pricing error is online? For example if target has something priced low online can you price match in store and they be required to honor it?
Hi Micah. I think you’ll have to look at the store’s policy and see what it says about price matching. According to Target’s policy, they do price match online so they should honor it. 🙂
Hello Tina,
Thank you for posting this on your blog. I had several and not just one experience with Target not honoring the price which is lower than posted. For an example;, I purchase a Lipton tea flavored enhancer with a clearance sticker of $1.50 but rang up $2/6.00. I politely when up to the customer service and notified her of the price error on my receipt. she rang out the item again and told me the item is scanning $2/6.00. I said I understand that but there is a clearance sticker of $1.50. She explain to me that anyone could have put the clearance sticker on the item which is possible but you have two rolls of the same item with clearance stickers on them. Enough said, Per Target they do not have to honor any clearance sticker. Than she continue to ask me if I would like to still keep the item for $3.00. End of Story!
Hey. So sorry to hear that they wouldn’t honor it for you. I do hope you find this information useful. 🙂
What if theres an item on the wrong spot of the shelf under a different price. Is that the same??
Hi Kristina. I don’t think they will honor that because a consumer may have moved the item to that spot. I don’t think it’s the same thing. Hope that helps. 🙂
Hi Tina,
I’m a regular at Target so I know that on the weekly sale tags there is usually a date range listed on when the sales start and end. The tags don’t expressly say that the sale is starting or ending but I just know that from regularly shopping there. Quite often the store employees forget to take the tags down when the sale is done. In California, is Target required to honor that price?
Jamie
Hi Jamie. If there are not dates listed on the tag, then I believe they should be required to honor it. Hope that helps. 🙂