Shopping Advice: What To Do When a Sale Isn’t Really a Sale

Hi, Kathryn, I’m really hoping you can help me with this one: What are the laws or accepted practices regarding posting “Sale” signs when an item costs what it normally […]


Hi, Kathryn,

I’m really hoping you can help me with this one: What are the laws or accepted practices regarding posting “Sale” signs when an item costs what it normally does? This recently happened to me at local discount department store chain. I saw a big fat sale sign for an item that I’ve been stalking for about a year. Upon closer inspection, the sale prices were exactly the same as the prices on the tag.

Pricing laws vary by state and depends on your state’s consumer protection laws (just google/bing “(your state) + consumer law“). However, there ‘s a legal difference between the terms  ”sale” and “clearance”. A sale is a temporary markdown, while clearance is a permanent markdown. So, in theory, a store could put something on “sale”, even if it’s a penny less than the original price and raise it back to the original price whenever they wish. In most states, the price of something on clearance can’t be increased (which makes it a permanent mark down). Also your state may have laws that require, within reason, stores to sell you something for the price marked, absent malicious behavior (ie someone switching a sign on purpose or moving an item to the wrong sales rack).


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