Originally posted by Obie303
Sorry to burst your bubble Dred but "false advertising" is just that, advertising a lower price through some media (i.e. tv, radio, paper, etc. etc) and charging a higher price in th store. By law, the seller must sell the item "as advertised".
Now some states may have variations, but the laws generally say the same thing. The seller is protected by "accidents" such as a clerk marking down an item lower than it should. Ever see the Miracle Whip commercials with the cartoon turkeys dressed up as clerks changing the prices?????
Saying all that, the manager should have done the right thing and honored the price on the video game.
(I'm not a lawyer but I know plenty of the scumbags!)
Obie:aok
56:8-2.5. Sale,attempt to sell or offer for sale of merchandise without a tag or lable with the selling price
It shall be an unlawfu practice for any person to sell,attempt to sell or offer for sale any merchandice at retail unless the totall selling price of such merchandice is plainly marked by a stamp label or sign either affixed to the merchandice or located at the point where the merchandice is offered for sale
56:8-2.6. Daily Failure to tag as a seperate violation
For the purposes of this act,each day for which the total selling price is not marked in accordance with the provisions of this act for each group of identical merchandise shall constitute a seperate violation of this act and the act of which this is a supplement
Under the Weights and measures act
51:1-29(a).1
Selling or exposing for sale 1 improperly labeled package of commodoties
And there is precendent for this
A snippet from
http://www.state.nj.us/lps/ca/press/dreade.htmThe New Jersey Office of the Attorney General
NJ Dept of Law and public safety
Division of consumer affairs
On December 11, 2006
State Charges Duane Reade Drugstores
with Selling Expired and Mispriced Products
NEWARK — Attorney General Stuart Rabner and the Division of Consumer Affairs have filed suit against Duane Reade International, Inc., alleging that the company violated state laws by selling expired and mispriced products to the public, including non-prescription drugs, infant formula, baby food, and other health and beauty products.
Among other things not relevent to this conversation
Committed unconscionable commercial practices by selling merchandise at a price in excess of the posted price
Violated the Weights and Measures Act by improper price scanning