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View Full Version : Nys laws regarding merchandise marked vs list price?


bj2011
Oct 20, 2011, 08:53 PM
I shop at most of the retail drug stores, CVS, Rite Aid in Bayside, NY. I remember several times at Rite Aid on Northern - there may be different prices on shelf for same item. Other times, I may pick up an unfamiliar product marked very reasonable. However, at register a higher price may pop up. More than twice, I have had issue with assistant manager about the refusal to give the marked price. A few bags of Candies marked $2.00 and change, the others are marked $7.00. He told me these are marked wrong in warehouse and he can only give me 10-15% discount. I mentioned I heard that is the law to give the marked price - he says NOT!

I want some in writing that he CANNOT DISPUTE. What is the law and where can I find and print it out?

BJ

EllieD89
Oct 21, 2011, 12:18 AM
The nys law is that they have to give you the price marked on their shelf ticket as long as all the markers match they have to honor that price. They do not have to honor the price that.may be printed on the package but they do have to honor the price on their own shelf price tags.

EllieD89
Oct 21, 2011, 12:22 AM
You may also want to call the corporate office and ask them of their own policies regarding this matter and if it is similar to what I had said you can call the better business burrow.

ScottGem
Oct 21, 2011, 04:05 AM
The nys law is that they have to give you the price marked on their shelf ticket as long as all the markers match they have to honor that price. They do not have to honor the price that.may be printed on the package but they do have to honor the price on their own shelf price tags.

Are you sure of that? Can you cite the specific statute (which is what the OP asked for). My understanding that the store has to honor the LOWEST store price for the item. So if there is a price tag on the item that is lower than the shelf price that's is what has to be honored

I did some research and found this:
Suffolk County Government - Item Pricing (http://www.co.suffolk.ny.us/Home/departments/countyexec/consumeraffairs/Item%20Pricing.aspx)

Though it doesn't answer the question, but I also found that laws on this are often on the County level. So I would contact the Suffolk County Consumer Affairs department for the official cite.

EllieD89
Oct 21, 2011, 07:18 AM
N.Y. ADC. LAW § 20-708 : NY Code -Section 20-708: Display of total selling price by tag or sign

N.Y. ADC. LAW § 20-708 : NY Code - Section 20-708: Display of total selling price by tag or sign

All consumer commodities, sold, exposed for sale or offered for sale at retail except those items subject to section 20-708.1 of this code, shall have conspicuously displayed, at the point of exposure or offering for sale, the total selling price exclusive of tax by means of (a) a stamp, tag or label attached to the item or (b) by a sign at the point of display which indicates the item to which the price refers, provided that this information is plainly visible at the point of display for sale of the items so indicated. This section shall not apply to consumer commodities displayed in the window of the seller.


Sorry I wasn't able to copy the link to the page due to I'm on my phone. But that is the exact nys code. And violators have to pay a hefty fine.

ScottGem
Oct 21, 2011, 07:55 AM
Thank you, the cite was sufficient, but you quoted the wrong section. The section that answers the OP's question is paragraph e:
e. Price accuracy. No retail store shall charge a retail price for any stock keeping item, whether or not exempt under subdivision c of this section, which exceeds the lower of any item, shelf, sale or advertised price of such stock keeping item.

This section is exactly what the OP was asking for. So the correct cite for the OP is N.Y. ADC. LAW § 20-708(e). http://codes.lp.findlaw.com/nycode/ADC/20/5/2/20-708.1

This section also shows your original answer was inaccurate. You stated: "they do have to honor the price on their own shelf price tags". In fact, they have to honor the lowest price marked, whether on the shelf, on the item or in an ad. Which is the answer I gave. My point here, is that it's very nice that you want to help, and all help is welcome. However, we take pride in the quality of the advice we gave here and your responses in this and other threads have been sub-standard. Please don't think I'm trying to discourage you from answering questions. I'm just asking that you be more careful when posting responses in the future.