17/06: Michigan's Scanner Law - Retail Pricing and Automatic Checkout

Michigan's scanner law is codified at MCL 445.360a, Public Act 344, effective Mar. 29, 1985. It is popularly called the Item Pricing Act and applies to

retail sales of consumer goods purchased using an automatic checkout system. In order for the law to apply three requirements must be met. There must be a retail sale, the price must be stamped or affixed to the item, the sale must be recorded automatically, and a receipt showing the price charged must have been provided. If a store owner denies that he/she is responsible under the law, ask them to explain why and to point to the law in support of their position. Tell them that you will confirm the conversation in writing so you want them to be as clear as possible. In this economy every penny counts and furthermore, it isn't just the money in your pocket that is unlawfully taken, but those of an entire class of other unknowing customers.

MCL 445.360a provides:

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.


Comments

Yesterday, when shopping at a Michigan Kmart, I picked up two pairs of shorts from a clearance rack. The clearance price on them was $7.00 each but right below that was marked the original price of $9.99 or 2 for $12.00. When I checked out the clerk said that will be $18.01. I asked her how that could possibly be right and she said that one of them didn't ring up at the clearance price and so I would have to go through the service desk to fix it. I pointed out that there was a two for price on them that was less than the clearance price and was told that once there was a clearance price they had to charge that amount. Is it legal for Kmart charge more than the regular price when they clearance something?
27/08 06:12:22
What if you work for a retail cellular company and they upcharge 40.00 dollars on top of the phone price. Just because you are an upgrade and not a new line. But they do not have this listed on the tag. Is this also breaking the Michigan Retail Law???
22/08 16:50:22
Dear Sam:

If you are an at-will employee, you can be let go for any reason as long as it is not discriminatory. Don't beat yourself up though, it sounds like you tried to do your best. Furthermore, you should never be treated in that derogatory fashion. If I were your attorney, I might advise you to put the issue in writing especially if you no longer have your job.
10/07 16:24:54
I just wanted to know if it was possible for me to get fired for selling an item for what it rang up as? I scanned a $200 item today and it rang up for only $7, thats right SEVEN DOLLARS. I told my supervisors and my managers and they all said dont worry about it, they would fix it in the system.
Later on that night (about five hours later) A lady wanted to purchase the item. Figuring they had surely fixed the error by now, I scanned it and it came up $7 again. Then another customer saw how much it was and bought one as well.
The managers and supervisors all yelled at me and told me I was stupid and I had no brain because I sold it. But I thought you werent allowed to change the price to be higher if the customer already knows the scanning price?
Can I get fired for it? (Im just a cashier, I dont mark things up or down)
22/06 01:37:07
The item pricing law in Michigan has created a new brand of criminals who attempt to fraud the merchant by carefully seeking pricing errors on items then invoking the law to create bonus windfalls to themselves. For example, the criminal purchases 9 items then miraculously notices an over-pricing on 8 of the items within 5 minutes of the transaction. Naturally, 8 of the items are overcharges not undercharges. Of the literally thousands of items one can purchase, the criminal has found 8 out of 9 items within one transaction that violate the statute. The Lottery odds are better!
12/05 15:03:14
The michigan scanner law is ridiculous. I work at "the pharmacy america trusts" and deal with this issue everyday. Why is it so hard for customers to realize that people make mistakes while pricing? It has absolutely nothing to do with the scanner. If it says $6 and it rings up $13...it's because it's worth $13! It's just human error, it could happen to anyone. It's also a shame that the customer blames the "manager in charge" or the clerk that rang them up because we have nothing to do with the mistake. We are simply trying our hardest to make everyone happy while being completely miserable waiting on all of you! If we say we can't do anything about the problem...it's because we have been told we can't do anything about the problem from someone higher up.
Why does everyone think they are entitled to more money. You were not overcharged..you were simply charged the correct price for the item. Its really hard to deal with all of you all day and hear you talk about being Christian and a good person and I'm not trying to cause problems...blahblahblah. Well, guess what? You are a terrible example of a Christian, you are not a good person, and you are trying to cause problems otherwise you would drop it, realize it was an honest mistake made by someone who makes $7.50 and hour and is only there smiling at you because they have to feed their family somehow. I could go on all day about how ridiculous it is that we should have to give you all money for doing nothing but complaining. Also, if you are a coupon user, the only reason we don't have your item instock is because 75 other people came earlier in the week looking for the same, almost free item...so maybe get there sooner or you don't really need it!
16/04 18:40:07
Dear Debra:

This matter could be handled many ways, but the simplest is to write a certified letter, return receipt requested to Walmart discussing the problem. In my view, the problem with scanners will always be present as they are in most stores. If a consumer wants to protect and enforce their rights, they will have to continue to complain and undergo the trouble or discontinue shopping at the larger chains that have these problems more frequently.
09/02 10:17:33
i went to walmart on 1-27-09 and purchased a few items including a campstove stand that had a tag on it that said $2, when it was scanned it scanned $69, i pointed it out to the clerk and she said she couldn't sell it to me for that price. She got her manager and the manager said the same thing.
I said I think the law says you have to, so the manager contacted the supervisor and came back saying the best the supervisor could do was 10% off of the price. I was flustered as i am not from Michigan and am not familiar with any of the laws here. I told her to just ring it up i still wanted it.
When i got back to the hotel room i got on the computer and came across your site. I also went to the Michigan Legislature site and printed information from both sites. I also made a copy of the receipt and stapled all of them together. While looking at the receipt i realized that i had been charged 92 cents for a container of popcorn salt that had a tag on it for 77 cents.

I went back to wal-mart that evening with my paperwork and my salt and the sleeve cardboard from the campstove stand. I asked to speak to the manager in charge. I explained to the manager what had happened earlier that day and he said he couldn't do anything about it. I pointed out that i also got overcharged on the salt and he told the clerk at customer service to correct it. She credited my credit card for $1.65. It shows right on the receipt Michigan law.

I walked out with the reciept for the refund after I told him to see that his superior got the copy of what i had printed and that i would expect a call within two days, after that i would proceed in whatever way i needed to.

I am so tired of the scanners never reading what you think you are paying for an item. It is embarrassing to always have to correct them and they get aggravated. I run into this alot because i try not to buy anything unless it is at least 75% off. Then i can afford to buy christmas for all of my kids and grandkids and am not fighting crowds at christmas time either.

I need to know what course to take now. My husband travels in his work and that is what brought us here, we are scheduled to leave on the 3rd of February. Is there a class action suit or Is your firm interested in pursuing this case. Can this be handled long distance? any advise would be appreciated.
Thank you
29/01 17:34:53
I agree with you. I would have to look up the legislative intent to find out whether the legislature actually took into consideration the difference between something affixed and a sign directly above, or the like. This will be coming.
07/12 18:54:56
I also was shopping at Meijers last week and bought some gas line anti-feeze that was on sale for $1.49, regular price of $1.99. I was charged the full (regular) price of $1.99 and when I returned 2 days later to get the difference, I was told the same thing, and that the price was not affixed to the product. I would think that the law was made to protect the consumer from being scammed or over charged for something that is identified as selling for a certain price, whether that price is "affixed", stamped, or even if it has that price displayed on a shelf with the product. The sign on the shelf clearly displays the other specific information for the product such as the name, size/quantity, brand, and even item information numbers.
07/12 18:42:55
Shopping at Meijer today, I purchased bread via an automatic scanner and was overcharged. I went to customer service and told them I had been overcharged about $6.00 and the scanner law should apply. They refused to pay me according to the scanner law indicating that the sale price was not "stamped" or "affixed" on the product and therefore the law did not apply. In this case, the sale price was identified on the rack above the bread. They did however provide me with a $2.50 coupon for my trouble.

I have not researched the legislature's intent in enacting the scanner law. It seems logical that the intent was to protect consumers from being charged by an automatic scanner more than the price offered for sale. The retailer has found a loophole.
22/06 22:10:57

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