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, would this pricing error also pertain to vehicles for sale at a car lot? The vehicle is a 2015 and was posted on the dealers sight for $13,989. Detailed picture and description of the vehicle including VIN number were posted. I called them to let them know I was on way to see the vehicle. When we got there and showed them the picture and price from their web site they said it was a mistake and raised it up an additional $30,000? This happened yesterday 6-1-17.
Hi Rosa. It’s different when the price is posted on a website. I wish they would have honored the price for you. 🙂
Hey Tina, I just found a really low price on a game on walmart.com before clicking on the game itself. First I look up the game on the website search bar, then it shows me a list of the same game and other games. The game is $5 when I see it amongst other games, but when I click on the game itself, it goes back to its regular price on the game’s own page that’s by itself (when adding the game to cart). Can I still price match it with Walmart? It shows 2 completely different prices and of course, I do want to buy it at the lowest where it’s showed with other games on the list
Hi Edgar. My Walmart will price match to walmart.com as long as the item is sold by Walmart. You can give it a try. Hopefully they will honor it for you. 🙂
Hi,
I recently purchased an HD Projector from Walmart.com. The projector was listed at $63.77, and sold through a distributor, DigitalShopper.com. The order was accepted and processed, and the charge is pending on my credit card account. I just received an email from DigitalShopper claiming that the item is “Out of Stock”, and they do not have an estimated time on when they will be getting more stock in. They then asked me to request an order cancellation, “as this will be the fastest way to cancel the order and get your refund.”
I decided to do some research, and found that the same model projector I purchased is typically over $500, so I think they realized it wasn’t priced correctly, and took it down from the site. And, instead of telling me it was priced incorrectly, they made up a story that it was out of stock. I could be wrong, but that’s what it seems to be.
Is there any way they would have to honor my purchase, at the listed price, if their stock ever “replenished”? Or am I better off just getting a refund? They went as far as charging my credit card, so there was ample time to figure out the prices was off by $500. I know of many stories of people who got a discount because of a mislabeled item, so I thought I’d give it a try. Thank you!
Hi Mike. I’m so sorry to hear that you had to go through that. What a bummer that they didn’t honor the price. 🙁 Unfortunately I can’t find much information relating to online pricing errors. You might just have to settle for the refund here. 🙁
I can’t find specifics on NY. Just need to know if an online retail has to provide product even if they had a glitch?
Hi Casimah. I think it’s a little different with online deals. It would be nice if the stores honored them, but they don’t always. 🙁
Question- I went to local CVS for suntan lotion looked in flyer and the one I wanted was not specified as being on sale.All it said was that certain ones were on sale(I also have the a screen shot to prove it). So I brought my 30% off coupon to use.Upon cashing out the cashier said it was on sale.I told him there was no sale tag on item.He then said they take down sale signs in the morning the day before the sale ends.I said that sounds like deceptive pricing and I wanted to talk to the manger.I told her it sounded deceptive and she said she disagreed and would only sell it to me at the sale price it rung up on cash register. I told her to keep it I wasn’t buying it out of principal.Who takes sale signs a day before a sale ends?Should they have honored the coupon or not?BTW this was in Texas
Hi Kim. There are a lot of stores that take the signs down a day early so they can have the new signs up the next day when the sale starts. I don’t think that would be considered a pricing error, but it’s a bummer that you didn’t get what you wanted. 🙂
When I clicked on the link for a list of other states it said security certificate was not valid and would not allow me to enter. Would Texas be on that list?
Hi, Tina. Thank-you so much for sharing your couponing deals and expertise. My daughter and I coupon together and your deals have saved our family a lot of money, enabling us to stock up on necessities without breaking our budget.
Last month, Kroger had a mega sale. The first three days of the sale, a mega item was priced $1.99 and was a good deal with coupon. After that the price changed without notice to $3.99. Is there a law against that?
Wondering if this situation would fall under the type of law you’re discussing here.
Hi Elaine. Were the signs still up for the sales price? If the tags were still up then they should honor the prices. Hope that helps. 🙂
They took down all the signs (overnight) and I didn’t take a picture of the previous price signs. Thanks for responding.
High Tina I can’t find anything on Kansas can you help me please
Hi Crystal. If you don’t see it on there then it’s possible that they don’t have specific laws on this issue. 🙁 Maybe to a google search and see if you can find anything that way. 🙂
Ok Tina, so I just went to target I will say Los Angeles area. Electronics section. Tag displayed says beats by Dre $100 off. Regular price $199.99 on sale for $99.99. Should price have been changed cause they didn’t want to grant it to me?
Hi Vanessa. It sounds like you can get them $99.99 because they are $100 off. That’s probably why they wouldn’t give it to you. 🙁
Alright I’m going back tmrw. Let you know what happens.
Anyone know if this would cover Nebraska too? I cannot seem to find info would appreciate anybhelp.
Hey. Unfortunately some states don’t have a lot of information available on these laws. 🙁 I’ll see if I can find anything else!