Video game marked incorrectly, was I wrong here?

[Amalthea]

In my opinion a mistake is a mistake, and no one should expect YOU to pay for it. If the game was accidentally mislabeled, it was a mistake. Just because you are human doesn't mean that you should be out $ any time you make a mistake. In this world of ours everyone is so concerned about "It's false advertising, I'll sue!" Come on, people, we can all be human. I'll explain it was a mistake, you'll smile and nod, remembering mistakes you've made, instead of screaming at me that I'm trying to scam you. We'll all be happy.

And it could always be customer label-switching. Not saying it was, but I've dealt with those people before. Had a mom & adult son who came in several times and took clearance dot stickers off of some books and put them on others. They were always Bargain books which is the section I'm in charge of, and I came up and just told them, I am sorry, those were never clearance, you can get them at the Bargain 6.99 price but not at the clearance 2.99 price.

[powerboy]

To me, it depends on the amount of the product. If it was a few dollars less, then yeah, I would let them have it for the lower price.

[AFpheonix]

If it was a few bucks different, then I'd have probably gone for the lower price. Heck if the guy wasn't whining like a little girl, I might have even split the difference, but even that would be a courtesy, and we don't have to extend courtesies to everyone. Just the ones that deserve it, and the ones that do tend to not make themselves PITAs.

[repsac]

Well. It depends really.

The best procedure is to look at the number of items you have. Let's say it's something that you have two or three of. If you look at all the prices and see they're all marked the same lower price, then the correct option is to give the lower price. No matter how far off it is. However, you only have to give them ONE at that price. If they demand more, or try to buy more, it's theft by conversion. (shoplifting). Sadly this is part of a bait and switch tactic and stands the potential to cause a good deal of trouble for the company. In the past, retailers with low morals would place prices on items that was far lower than the true retail price. They found, that half of the time the customer would pay for it anyway, as opposed to dealing with an employee who was trained to act as though the customer had changed the price.

However, if it's only one item? No. you don't have to give it to them. It's when only one item is wrong that things really get muddy. Then the chance of human error goes lower, and the probability of theft rises. In this type of case, the best bet is to casually place the item down, ignoring the computer for now. Procede over to the rack of goods and check to see if the others are changed. Furthermore, look nearby for a product you expect to ring the lower price. What you're looking for is one of two things. A missing price tag, or a mispriced one. Meaning one higher. Also, pay attention to the customer's reaction. If they start to get fidgety, or jumpy, then you know you're close. Furthermore, if they get angry, it could be a sign as well.

IF you find such a change, your options are really up to you. The best one is to politely, but firmly inform them that changing price tags is illegal, theft by conversion, and that you can not legally sell them that object for that price. Of course they will be upset. You further note, that if they would like to wait a bit longer, then you could have the police department explain the nicities of shoplifting and theft by conversion, since you're going to call them now. Be sure to do just that, and sit back to enjoy the fun.

[JuniorMintz]

You did nothing wrong. I work for a Mom and Pop type shop, and people try to take advantage of us all the time. If I were feeling super nice, I *might* have considered offering to split the difference-but probably not.

I wouldn't sweat it anymore. You did fine.

[friendofjimmyk]

When I worked for my mom at her little kiosk, we had these racks on the outside where the price was in a little holder on top the racks. One side the sign said "priced as marked" the other side said, "all items on this rack .50" Yes, there were a few times when I would accidentally have the sign the wrong way! When I would do so, my step-father said I had to sell the items on the one side for the wrong price! That was his policy though. I did that a few times and only one time one customer took serious advantage of it!

[Dips]

I believe if the mistake was the store's that the lower price should be honored to a point. Clearly what amounts to over a 60% discount is a bit much for your small independent store to just eat.

So after verifying that the customer didn't pull a price tag switch you could, at your discretion, offer him a dollar or two off as a "thank you" for informing you about the pricing mistake.

Or, if he's being an complete ass about it, you don't.

[Tito]

I'm pretty sure that you have to sell something at the price it's marked at, unless you actually saw the person switching the tags over.

That's the way it was where I used to work. I remember couple people making out big time from that. Once time, this guy got 4 big bags of candy for the price of 1, because it was accidently marked 4 for $3.99 (I don't remember the exact price, but I think it around that). One bag should have been $3.99, but the person who priced them accidently put that.

Another time, the meat department goofed up while marking some meat & this lady ended up getting several packages of hamburger for 6 cents each.

[MadMike]

That's the way it was where I used to work. I remember couple people making out big time from that. Once time, this guy got 4 big bags of candy for the price of 1, because it was accidently marked 4 for $3.99 (I don't remember the exact price, but I think it around that). One bag should have been $3.99, but the person who priced them accidently put that.

Another time, the meat department goofed up while marking some meat & this lady ended up getting several packages of hamburger for 6 cents each.

That's how it was at the home improvements store, and one of many ways James the Wonder Idiot caused problems. We gave him sale signs to put up, and he put them up on all the wrong items. One such item was some luan (sp?) plywood. For anyone who doesn't know, this stuff is sanded perfectly smooth, and is somewhat pricey. We carried it in two different widths. The thinner stuff was fairly inexpensive, but the thick stuff was pretty steep. The sale sign was for the thinner stuff, and he put it up on the thicker kind. I suppose we should have considered ourselves lucky that he even put it up on the right kind of plywood, as stupid as he was. There's a thread about him in "Coworkers" if anyone wants to see just how stupid this guy was.

Since our policy was to give them the lower price, even if it was wrong, a customer got a whole cartload of the stuff for next to nothing. And of course, the manager was furious, and told us not to let him put up the sale signs anymore. I think he should have been furious with himself for hiring that idiot in the first place, and for not having the balls to fire him.

[Spark Dino]

Thanks for all the replies. I think that if this same situation happens in the future, I will give them the lower price if it is less than say $3 difference. If the difference is more than $3, or the person is nasty or suspicious, I will apologize for the confusion and either stand firm on the price or knock a couple bucks off for their trouble.

I was not inclined to give this guy any flexibility because he ALWAYS asks for freebies: the total is 5.23 and he wants to just hand me a five and "call it good", complains about the trade-in value and tries to negotiate it, tries to get full refunds on used games, etc.

[MadMike]

I was not inclined to give this guy any flexibility because he ALWAYS asks for freebies: the total is 5.23 and he wants to just hand me a five and "call it good", complains about the trade-in value and tries to negotiate it, tries to get full refunds on used games, etc.

In this case, I'd say it's not unreasonable to suspect that he switched or altered the price tag.

[CrazedClerk]

Where I work the item name is on the price stickers which makes switching virtually impossible.

[WHShit]

I think that you did the right thing. I am very strict about this sort of thing.

Law states (in the UK anyway) that if a customer brings something up that is priced wrong (on the shelf or on the product itself) then we do not have to sell it to them at the lower and incorrect price. All we have to do to make it legal is to remove all of the product from sale and inform the customer that we are changing the price of all of them. They can argue til they die about calling Trading Standards and all of that stuff, but we are perfectly legal! This is even in the staff training booklet.

Thing is, what if the guy changed the price himself.....it is always the people that you least expect to pull something like that.....it is not fair to let him get away with $10.00.

You did the right thing!

[ArtDent99]

My stand is unless the customer was 'convinced' to come into the store by a lower price and then told its a higher price, why should we be afraid to tell them "sorry, but the wrong price is on it.."

Its not like you are reaching into the customers pocket and taking out 3, 5 or even 20 dollars. You are giving them the choice, the choice they would have made looking on the shelves, "hmmm, this one costs $X, should I buy it?". I understand the concept of bait and switch, but even then, since when is someone forced to spend more than they can on a luxury item? They can just say "no, I don't want it then".

[repsac]

I remembered, after my post, reading somewhere the laws governing pricing errors. Took me forever to find some. Since there's people from both sides of the pond here, I'm including them both.

Begin, Legalspeak: (UK)

Retailers, whose products are also sold by agreement by other retailers, may now be liable for subsequent pricing errors even when they do not put the prices on the tickets and cannot ensure that the pricing is accurate. The Divisional Court has given a signal to companies who rely upon concession agreements with other retailers to sell their merchandise that they cannot delegate their duty and criminal liability to whoever is responsible for fixing prices and writing price tags.

(translation courtesy of a friend in law school: Retailers can be held responsible for damages by customers if the retailer can not guarantee that the prices are accurate. IF a customer finds a product that is mispriced, then the retailer can face fines, and if the customer sues, possibly punitive damages.)

*reps note: The transation is STILL confusing *

Begin Legalspeak (US) *reps note: This came straight from the Federal Trade Commission. It's a bit strange, geared at a consumer, but it's helpful in showing what can happen.*

You <snip> may report recurring problems to your state Attorney General’s office, state or local consumer protection office, or your state or local office of weights and measures. <snip>
Finally, consider filing a complaint with the Federal Trade Commission (FTC).

At this point, I wrote asking for clarification on some things. Specifically, if this

Disparagement by acts or words of the advertised product, or the disparagement of the guarantee, credit terms, availability of service, repairs, or in any other respect, in connection with it,

covered pricing. The response I got was confusing, but as best I can understand this is what they said:

Yes, by the letter of the law if you as a retailer refuse a customer the advertised price, even when that advertisement comes in the form of a mistake in pricing which comes up at POS, then you can be fined for Bait and Switch tactics should the customer choose to report you. You could face punative damages, and serious fines for this practice. It is advisable then, to be wary. If a situation occurs where a customer is a repeat offender, finding numerous goods which are mismarked, then your best option is to request they never return to your location. However, if the customer finds one or two goods that are mismarked, in the long run it is better for you to accept the mismarked price; and make note of it later.