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Mismarked price laws?

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amo
Posts: 6709 - Karma: 1,248
I got a magazine in the mail today and it had a product in it that was listed for a substantially lower amount than anywhere else. Probably a misprint. Is this company legally obliged to sell the product at that price? If so could you send a link to legal document stating that they are?

Thanks and +K to any input.
Dec 4 2008 4:02PM
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rj.
Posts: 3323 - Karma: 28
8====D---
Dec 4 2008 4:07PM
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Bodeau.
Posts: 1637 - Karma: 48
May i ask what the product and price were?
Dec 4 2008 4:43PM
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Style+eeze
Posts: 6901 - Karma: 551
could help...
Dec 4 2008 4:46PM
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DrStrangelove
Posts: 1948 - Karma: 3
not if it was an honest mistake, especially if theyve got a website or someplace where the item is also listed and the price is different. if it wasn't a mistake, then it's false advertising if they refuse to sell it at that price.
Dec 4 2008 4:46PM
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amo
Posts: 6709 - Karma: 1,248
Looks like this isn't gonna work, but I received the GetBoards catalog in the mail today, and they have the Armada Driggs jacket listed for $49.98. Where online it is $209.00 I believe. So I called them up and was ordering it and asked them to confirm the price and they said it was $200-whatever, so I told them it said fifty bucks in the catalog, and they sad they had a big note up on the website, (which is not big, its actually quite small) which says, "Catalog Price error- If you received our Catalog, the price for this item said $49. This was a misprint. Prices are subject to change at anytime". So I guess that means that they can change the price and not sell it for fifty bucks. Oh well, it was worth a try.
Dec 4 2008 4:55PM
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moumar
Posts: 106 - Karma: 10
Mail-order catalogues are just advertising devices to attract customers and to start negotiations for a contract of sale. An invitation to do business is not an offer to make a contract.

Dec 4 2008 5:15PM
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b-kul
Posts: 4350 - Karma: 1,111
saw that too. has to be a mis print

Dec 4 2008 5:24PM
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simmers
Posts: 1004 - Karma: 397
They are in no way whatsoever obliged to sell it at the price in the catalog. In fact, they're not even required to sell it at the price on their website.
Dec 4 2008 5:31PM
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crooks
Posts: 14693 - Karma: 786
actually.. they do.. or atleast that's what was ruled in this case where a guy went to a bestbuy.. tried to buy something that he found online for a certain price.. even had the item printed out from the website.. the manager refused to sell it to him at that price.. so he took them to court, and won..

i don't know if i can find that article again but i remember seeing it on digg.
Dec 4 2008 5:38PM
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simmers
Posts: 1004 - Karma: 397
Pics or it didn't happen.
Dec 4 2008 5:45PM
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crooks
Posts: 14693 - Karma: 786
damn.. I was slightly off.. he didn't see the price online, it was in the store.. still close though for this being 2 years ago.

http://consumerist.com/consumer/readers/man-forces-best-buy-to-sell-him-1999-plasmahdtv-for-1499-221427.php
Dec 4 2008 5:49PM
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Avifarer
Posts: 5926 - Karma: 598
There was another story on digg about best buy how they send out fliers that have low prices. So you're like fuck ya, and it basically bring you to the store. Then when you get to the store the price of what you wanted to buy is higher, so you show them the flier you have. But then they have fliers in store that had higher prices then the ones listed in the fliers they sent out.
Dec 4 2008 5:51PM
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simmers
Posts: 1004 - Karma: 397
That shit is fucked up, but it's legal. An advertised price is not a contract, nor is it even really an offer.
Dec 4 2008 5:57PM
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Drew.C
Posts: 1757 - Karma: 39
my dad got a camera for 200 because the catalog had a misprint and it was really 400 dollars. Apparently circut city said they were obliged to sell it for that price because of laww.
Dec 4 2008 5:58PM
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Avifarer
Posts: 5926 - Karma: 598
heres an online one

Dec 4 2008 5:59PM
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simmers
Posts: 1004 - Karma: 397
This is an indication of the price-matching policies of one major retailer. It is not evidence that any price-matching laws exist.
Dec 4 2008 6:15PM
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mackinnon
Posts: 5153 - Karma: 156
in response to the original post; i'd have to say no. what symms already said pretty much sums up what i was going to say. if you go to the editor's section in freeskier there're almost always corrections in regarding previously printed prices/product descriptions.

on the other hand, if you're at a legit store and a price is mismarked, they should sell the product to you for the mismarked price (when its lower). once i got a huge coach bag (at the outlet) for $80 or $90 when it was supposed to be $140 or something.
Dec 4 2008 6:30PM
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Lilhorsey
Posts: 579 - Karma: 19
This email on Tuesday morning, just two days ago, regarding Sessions Fireball Zig zag pants...

"These were sold on Tramdock this morning for $1.00."



152.00 is the normal price. damned right they sold them for that much. backcountry fucked up. no surprise.



Dec 4 2008 7:06PM
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KravtZ
Posts: 6637 - Karma: 2,629
i actually just leanred about this today in buisness law.....

if someone mis prints something and agrees to sell it and you agree to buy it you have a contract and therefore enforceable by law
Dec 4 2008 7:17PM
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dylansiggers
Posts: 1661 - Karma: 5,841
pfffff ahahaha + karma for you!
Dec 4 2008 7:42PM
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moumar
Posts: 106 - Karma: 10
For people in Canada, here is something that not many people know about
If at the cash register the price in the computer of an item is higher than the price that is advertised on the shelf, if the item is less than $10, you get the item free, if it more than $10, you get $10 off.

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/00415e.html

Dec 4 2008 7:57PM
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COskier
Posts: 1066 - Karma: 131
There is definitely some legal precedent for them to be required to sell it to you at that price. False advertising is illegal because otherwise companies would advertise fake super low prices to get people in the store. The old bate and switch as they say.
Dec 4 2008 7:57PM
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AndrewZ
Posts: 759 - Karma: 36
Yea but the seller has to agree to the sale(I think thats what you meant but I'm not sure). An advertisement is simply an offer to negotiate, not an offer to contract. This is why getboards does not need to follow through with the deal, but as SpinninMacinnon said Tramdock would have to sell the pants because they completed a contract to sell with those that purchased them.


That being said, to my knowledge a seller is not obligated to make good on an honest mistake in only advertisment as long as not formal contract offer has been made and accepted, but if the 'mistake' was intentional then it could be price-baiting(I think is the term), and that is not legal.
Dec 4 2008 8:00PM
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3ski6guy0
Posts: 9201 - Karma: 132
im not exactly sure how it works online but if you go into a store and an item is marked at a price they have to sell it to you for that price
Dec 4 2008 8:43PM
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ECfreeski3
Posts: 12019 - Karma: 125
i was hoping i wasnt the only one to think that was funny
Dec 4 2008 9:04PM
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Peter.
Posts: 23796 - Karma: 13,012
there was a lady who saw a flight price on expedia or something and got it, it was listed for 2 dollars or something on accident, so she bought it, and then they tried to charge her full price, but she won the case
Dec 4 2008 9:09PM
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AndrewZ
Posts: 759 - Karma: 36
That would be because she had entered into contract with expedia. Once the buyer and seller both agree to the contract it is binding, and typos and stuff don't matter... what is written goes.
Dec 4 2008 9:26PM
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.SimonB.
Posts: 1959 - Karma: 713
got the same catlog, thought there was something fishy
Dec 4 2008 11:02PM
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Dizzyskier
Posts: 364 - Karma: 114
The retailer is required to honor a price if it falls within a "reasonable" distance of MSRP. What is reasonable, it varies state to state. You are trying to purchase a jacket for a fraction of the going rate- they do not have to honor that price as it is an obvious error. If it was an error of 10 bucks you could take them to court and win. However doing so would cost you far more in admin.


This is one place that common sense still trumps greedy consumers in the eyes of the law


Do you really feel like you are entitled to buy a 250 dollar jacket for 50... the answer is no.
Dec 4 2008 11:19PM
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amo
Posts: 6709 - Karma: 1,248
Thanks for all this input guys.
Dec 5 2008 6:52AM
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scandy101
Posts: 460 - Karma: 19
well, when i bought my car, it was listed as 16,000 on the internet, but at the dealer it was really 24,000. they got it mixed up with another car, so we printed off the web page, gave it to them and they had to sell it to us for 16
Dec 5 2008 6:55AM
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Flo_Rida_2016
Posts: 2804 - Karma: -5
but it is false advertising. which is illegal.

the ftc states false advertising as:
means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.

not only is false advertising illegal, but so is deception.

moreover, pricing switch and bait is the easiest to convict on, almost always landing the plaintiff with a nice settlement.
Dec 5 2008 11:20AM
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Ben.
Posts: 21463 - Karma: 683
bingo. if a store (online or physical) advertises it at a price, it has to sell it at that price. however i would make sure theres no fine print as well, they like to suck you in with that.
Dec 5 2008 7:02PM
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AndrewZ
Posts: 759 - Karma: 36
Nope, time for me to break out the law book.

"An advertisement is generally not an offer. An advertisement is merely a request for offers. The consumer makes the offer, whether by mail, or by arriving at the merchant's store ready to buy. The seller is free to reject the offer." (Beatty-Samuelson, 255)

And further along, more specifically relating to false advertising

"Almost every state has some for of consumer protection statute. These statutes outlaw false advertising. For example, an automobile dealer who advertises a remarkably low price but then has only one automobile at that price has probably violated a consumer protection statute because the ad was published in bad faith, to trick consumers into coming into the dealership." (Beatty-Samuelson, 255)

The GetBoards folks acted in good faith and the advertisement was an honest mistake, if you can find me a single injured party because of the ad I would be shocked. Also they went to reasonable lengths to inform interested consumers by posting the mistake on their website and making sure their customer service knew about the problem.

Therefore anyone with any complaint against GetBoards would need to provide proof of injury and/or intent to decive consumers... which I just don't find likely in the slightest.
Dec 6 2008 1:17AM
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Rainbow*Stylin
Posts: 1042 - Karma: 24
i got my first pair of twin tips off some drunk kid at a ski shop... rossi pow air pro's that were demo'd like 4 times and were in great shape w/ bindings for 165... i think they were supposed to be 765 but the kid read the 7 as a 1... the manager was super pissed but i got em
Dec 6 2008 1:26AM
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