The laws vary from state to state, but I think in most states it is illegal in some manner. In Colorado, merchants are required to sell items at the lowest advertised price, be it the price on the shelf, in an ad, posted outside, whatever. They are also required to sell the item that is advertised and have pretty limited options when it comes to substituting items of similar description -- and they are required to make it very clear that this is being done and give the consumer the choice to cancel, even if some contract had already been signed. They can also be charged with false advertising if an add implies one product but the fine print discloses that it's really something else that is being offered.Is it a criminal offence, as it is in UK?
There have been numerous times when I've been in the grocery store where they have kept outdated price tags from a prior sale on the shelf and when I point it out at checkout, they go check the shelf, remove the tag, and honor the sale price. I've never had any problem there. I have had some hassles at gas stations that have their signs at one price and the pumps at a higher price. I'm pretty sure that it has never been deliberate, just sloppiness, because the opposite has also been true and the pump price is lower than the sign. But the clerks often don't know the law and there's no manager around, so they sometimes try to get by with a, "Sorry about that," but I don't budge, even if it's just a few cents a gallon -- they need to get their act together. Only one time did they refuse to refund the difference, even after I told them that I would file a complaint with the state and the BBB. So I did.
The local Safeway was having problems with their curbside gas price sign and it kept showing a ridiculously low price. I stopped and told them about it and they go, "Yeah, we know, we're having problems." I pointed out that, legally, they had to honor the price, so if it's not showing the correct price they should just shut it off until it's fixed. The next day I drove by again and it was showing $0.399/gallon, so I stopped, filled up, took the receipt in and told them that I expected them to honor the advertised price. They did -- and when I passed them on the way home a couple hours later, the sign was turned off.
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