Small Claims Court
Posted: 2008-12-29. Categories: Michigan

Annette do you have room for another one?

Small Claims Court!

My wife and I went to an Art Supply store in Madison Heights Michigan an hour ago. She was charged $1.06 more for a picture frame than the price marked on the bin of picture frames. I say this to make the distinction that the frame she bought had no price affixed to it whatsoever, just a bar-code.

After the transaction was complete, she told the checkout girl of the error and was promptly refunded the $1.06. When my wife asked about the $5.00 penalty, we were referred to the store manager who stated she knew the law and that we were not entitled to the $5.00 and that only applies in cases where the affixed price is different from what the UPC code reads. As I read it, there are only two ways a retailer can stay legal…

  1. By individually placing a price tag on every item or…
  2. By individually pricing everything except up to 25 different types of items. However, the complete list (including prices) of the (up-to-25) items needs to be placed near each of the items not individually priced.
Small Claims Court!

Now, if the retailer claims that the frame my wife bought is on that list of exceptions, I can see we’re not immediately going to get the $5.00 since as stated earlier, “Items on the exception list are not subject to terms of the scanner law.” However, we are more than certain that…

Small Claims Court!

The retailer has far more than 25 types of items not individually priced and/or, if they claim they have only 25 or fewer types, that the concise list of them is not posted anywhere near to where the frames are that my wife purchased.

Since we already gave the retailer a chance to give us the $5.00 bounty, we’re going to wait until 2-days have past and then return to the store and ask to see the list of 25 or fewer items that do not need individual tagging and ask why it’s (if it exists) not posted near the frames my wife bought. Even if they read this and get real busy, they won’t be able to say why no list existed at the time of our visit. Next stop — small claims court for the $250.

Thanks!

Fred and Linda in Michigan.

3 Comments to "Small Claims Court"

  1. Retail Bandit says:

    I don’t have time to look it up this instant but if memory serves, the list of the 25-classes of items, which they are allowed by law not to price, MUST be posted.

    I know that most Meijer stores have their list posted near the front door. If you read the law closely studying each word, it doesn’t actually read how most people interpret it.

    There are links to the Michigan Scanner Law in numerous places, take the time to carefully read it. I think you will be surprised at what it actually says.

    When you go to claim your bounty, be sure to take your own copy. Theirs has been slightly edited. They must present a copy if you request it but it’s not a reprint of the actual law, it’s a condensed version that is not accurate.

    I have my own copy of Meijer’s handout somewhere around here.

  2. drew2008 says:

    you got the fair price as is meijer policy. Get over it.

  3. Andria says:

    In order to get the bounty the price must be affixed to the product. If you want to quote the law. Look it up on the site it will tell you about it.