[quote name='chosen1s']
The thing that really gets me is when people feel entitled to profit from others' mistakes. Then insisting that the "law" is on their side...There used to be a kid in gradeschool who horded his favorite markers and if someone asked him if they could borrow his he'd say "No! The teacher promised me I could use them!" It's annoying that he thinks the teacher's permission to allow him to use the markers entitled him to be a little punk. But then his hiding behind the teacher because he's a little coward was even worse. Same thing here. If the store gives you a deal on a mis-marked game, great. But a mistake on their part doesn't entitle someone to be a punk about it and try to force them into taking a loss. And hiding behind "the law" because that somehow justifies everything - that really gets under my skin. I can't tell you how grateful I am that our laws do not entitle little punks to profit from honest mistakes on the part of retailers.
Not saying the OP was planning this or anything. Just this "it's the law and they have to do it" comment really gets under my skin. It would be annoying enough if it were true and the suggestion was to take advantage of it, but it's not even true - and it shouldn't be. I base these statements on my studies of Business Law and case studies on this exact subject by licensed lawyers. I've also been working over 12 hours today with no end in sight and am kind of crabby to begin with, so I apologize for my rants. Just please, nobody else get on here and suggest that our blessed legal system is going to side with someone who wants to get something for nothing.[/QUOTE]
Actually, in Michigan, it IS the law, in a way. Every state is different, though.
Technically, A store doesn't HAVE to give you an item marked at a lower price in Michigan, unless it's been rung up with a UPC scanner and you recognize this after the transaction has been completed.
The Michigan scanner law is to protect consumers from such pricing discrepancies. For example, if an item is marked 19.99 but scans at 50.00, the consumer is entitled to the difference plus10 times the diffference up to $5. So, not only would you get the item for 19.99, but you would also get a bonus, in cash, of $5 on to of the original difference. Apparently retailers are very lax in updating their prices during sales and have been overcharging consumers for years which resulted in this SCANNER law. If it's not marked on the product, you lose. If the cashier catches it before the transaction is completed, you lose too.
But, like I said, every state is different, so Texas migfht not even have such a law.
And for those who like legaleese here are some exerpts of the michigan law, sections 3 and 4:
PRICING AND ADVERTISING OF CONSUMER ITEMS (EXCERPT)
Act 449 of 1976
445.353 Stamping or affixing total price of consumer item; exemptions; lists and signs for classes of items or individual items, “item” defined.
Sec. 3.
(1) The total price of a consumer item displayed or offered for sale at retail shall be clearly and conspicuously indicated in arabic numerals, so as to be readable and understandable by visual inspection, and shall be stamped upon or affixed to the consumer item. If the consumer item is in a package or container, the total price shall be stamped upon or affixed to the outside surface of the package or container and need not be placed directly upon the consumer item.
(2) The requirements of subsection (1) shall not apply to:
(a) A consumer item sold by weight or volume which is not in a package or container.
(b) A consumer item sold in a coin operated vending machine.
(c) Prepared food intended for immediate consumption, as defined in section 4g of Act No. 167 of the Public Acts of 1933, being section 205.54g of the Michigan Compiled Laws.
(d) A consumer item purchased by mail or through catalog order, or which is not otherwise vis ible for inspection by the consumer at the time of the sale, and which is ordered or requested by the consumer, if the price of the item is on the consumer's written order or request or on a bill, invoice, or other notice which describes or names the item and which is enclosed with the item.
(e) An unpackaged food item.
(f) A consumer item which has a total weight of not more than 3 ounces, a total volume of not more than 3 cubic inches, and a total price of not more than 30 cents.
(g) Live plants.
(h) Live animals.
(i) Motor vehicles.
(j) Motor vehicle parts.
(k) Packages of 20 or fewer cigarettes.
(l) Greeting cards sold individually which have a readable coded price on the back of the card.
(m) Merchandise ordered as a gift by a consumer which is sent by mail or other delivery service to a person other than the consumer by the retailer at the request of the consumer.
(3) In addition to the exemptions allowed in subsection (2), a retailer may choose to not individually price mark not more than 25 classes of items or individual items which classes or items shall be listed and posted in a conspicuous place in the retail store, and may choose to not individually price mark not more than 25 additional classes of items or individual items which are advertised or featured at a reduced price.
(4) The price and the name or description of a class of items or individual items not marked pursuant to subsection (3) shall be indicated by a clear, readable, and conspicuous sign in immediate conjunction with the area in which the unmarked item or class of items is displayed.
(5) As used in subsections (3) and (4), “item”, except as otherwise provided in this subsection, means 1 or more identical articles, sold in identical quantities or measures. An item may include more than 1 product, brand, kind, size, or type of packaging, if they are packaged together and sold as a set and the sets are identical in all respects, including quantity or measure.
445.354 Charging more or less than price indicated; evidence of violation.
Sec. 4.
(1) A person shall not knowingly charge or attempt to charge for a consumer item a retail sale price exceeding the price required to be indicated pursuant to section 3. It shall not be construed to be a violation of this act to charge for a consumer item a total price less than the price required to be indicated pursuant to section 3.
(2) It shall be prima facie evidence of a violation of this section if a price charged or attempted to be charged as a result of electronic identification or calculation by an automatic checkout system exceeds the price required to be indicated pursuant to section 3.
And the compensation, section 10:
445.360a Section applicable to sale at retail; conditions; conditions to bringing or joining in action; exception.
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.
Some Meijer stores actually hand out copies of this "scanner law" with some dubious attatchments to section 10 claiming they don't have to compensate for "mistakenly" priced items that put the item below their cost, but these are not actually part of the law. The whole point of the law was to compensate consumers for their "mistakes" which inevitably result in favorable miscompensation to retailers. Mistakes happen all the time, but the people in Michigan realized that retailers needed some extra incentive to keep their computers more mistake free.