Pricing Disputes: You Pay the Lowest Marked Price

Have you ever been involved in a pricing dispute at a store or while shopping online? You know, when a retailer tries to charge you more than the listed price for an item you want to purchase?

Well, just because the computer contains the wrong price doesn't mean you need to pay it. In almost every jurisdiction, you are entitled to pay the lowest advertised price or lowest retail price listed on the item. This includes any sale price or reduced price that may be applicable.

What Should You Do?

The Federal Trade Commission (FTC) and other agencies have consumer protection guidelines and rules to prevent sellers from deceptive practices that can harm consumers. For example, there are federal regulations on deceptive pricing practices.

Requiring you to pay more than the selling price may violate advertising laws and can result in fines from state and local governments. Each state’s attorney general’s office typically has a consumer protection section that also helps buyers who have been affected by false advertising or deceptive practices.

So what should you do if you are charged the wrong price?

1. If you are at a brick-and-mortar store, explain the price discrepancy to the cashier. Show the cashier the sticker or shelf tag showing the regular price and the sale price you expected to pay.
2. If the cashier does not agree or you are in a self-checkout lane, explain the price discrepancy to the manager on duty. Provide evidence, such as an advertisement or coupon, the manufacturer’s suggested retail price (MSRP), the former price, and the sale price. Typically if you do this in good faith, the retailer will honor your request.
3. Verify that the evidence matches the item you are trying to purchase. You may need to compare UPC numbers or do a price comparison. Sometimes different stores carry similar merchandise, but it is not exactly the same thing.
4. If you are shopping online, contact the retailer immediately and explain the situation. An online chat or phone call would work best. Don’t wait; prices can change if you wait for a long time.
5. If you still feel like you have been overcharged, send evidence and a polite letter to corporate headquarters.
6. If you feel the situation is egregious and has not been properly addressed, you can contact the consumer protection section of your state’s attorney general’s office for help.

What To Look Out For

Keep in mind that items may not be wrongly priced, but merely placed in the wrong spot. Customers move things, so you may need to find the actual shelf tag.

However, if an employee failed to update the tag or change numbers in the pricing gun, you should be entitled to the lower price. Every retailer typically has a pricing policy that you can review.

So the next time you're involved in a pricing dispute, politely insist that you pay the marked price. If you are forced to pay the higher price, don't be afraid to complain to the appropriate store manager and corporate officials.

Related Resources:

• Problems With Online Shopping (FindLaw’s Learn About the Law)
• Tex. Store Chain Rigged Gas Pumps, Hit With $30M Verdict (FindLaw's Courtside)
• Wrong Prices on Your Website: What Can Happen? (FindLaw’s Law and Daily Life)
• Price Gouging Laws by State (FindLaw’s Learn About the Law)