Customer sues Wal-Mart over 2 cents

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Dana

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The Pittsburgh-area consumer advocate made a successful case against the retail behemoth.


By Karen Datko on Mon, Oct 3, 2011 5:32 PM

Mary Bach bought a package of Banquet Brown 'N Serve sausage labeled 98 cents at the freezer case. But it rang up for 2 cents more. When she pointed out the discrepancy, the cashier gave her the lower price.

Six days later, it happened again. This time, Bach took Wal-Mart to court -- and won. Post continues after video.

"Murrysville District Judge Charles Conway sided with Bach in her civil lawsuit alleging unfair trade practices. He awarded Bach $100 in damages, plus about $80 in court costs," the Tribune-Review reported.

The retail behemoth argued that Banquet had just changed the package and the UPC, so the old ones were ringing up for 98 cents and the new packages cost a buck. Both the old and new were still being sold by the store.

Wal-Mart also argued that Bach, a consumer advocate, was just looking for another excuse to sue the Delmont, Pa., store (where, we suspect, employees cringe when she walks through the door). She's sued that Pittsburgh area store four times before over similar allegations. (You can read about some of her previous legal battles here,here and here. She has also successfully sued Kmart and other retailers, but lost a case over how Wal-Mart charges sales tax on items discounted with a coupon.)


Bach says it's the principle: Wal-Mart should make sure it doesn't charge more than the advertised price. (The $100 award plus court costs is the minimum allowed under Pennsylvania law for such cases.)


To some, Bach is a hero. Posted reader "Kevin Hooper" at The Huffington Post:


Do you people not realize how much overcharging a few cents per transaction costs us? Take a behemoth like Wal-Mart, even if they only overcharge 10% of the time it would mean tens of millions in overpayment.


Said a reader at WeUseCoupons.com, "Well, good for her. I don't have the time for it nor the inclination but she has picked up the gauntlet for the little person and is waving it at Walmart."

Some think her efforts are misguided at best. "What a waste of time," commented "Dan Doyle" at HuffPost. "Maybe she should sue the government for wasting her money instead and make a significant point."


Wrote "disgusted!" at lehighvalleylive.com​: "Really? With everything that's going on in the world she's whining over 2 freaking cents!"


Still, there's something everyone should learn from this: Always check your receipt and do it before you leave the store. The Los Angeles County Department of Consumer Affairs has other tips:

  • Pay attention to the cash register display to be sure you are charged the correct price.
  • Immediately point out overcharges to the cashier.
  • Ask about the store's policy on overcharges. If you are overcharged, some stores will give you the item free or offer a discount.
Note: Receipt checks by store employees as you head to the door are also strictly voluntary on your part unless it's included in a membership agreement, like the one at Costco, MSN Money's Liz Weston has said.

 
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freakofnature

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Hmmm...yes...always check for overcharges. :nod: Gotta keep on top of those. :rolleyes: But don't worry about undercharges. It's not OK for the store to rip you off but if you want to rip off the store go right ahead. :p
 

Dana

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Hmmm...yes...always check for overcharges. :nod: Gotta keep on top of those. :rolleyes: But don't worry about undercharges. It's not OK for the store to rip you off but if you want to rip off the store go right ahead. :p
undercharges are the cashier/stores doing who am I to argue? ;)
 

Panacea

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All of this time and money wasted for fucking 2 cents and nuclear sodium bomb processed snausages that will eventually kill her off.
I judge you, Mary Bach....I JUDGE YOU.
:hey
 

Panacea

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Lol :D I'm an angry ex-cashier, it's like 'Nam flashbacks.

I remember someone on a forum I was on before losing her damn mind because a cashier forgot to remind her to take all of her bags and she left one on the carousel at Walmart. I guess she rose hell and demanded a gift card for her troubles (aka driving back to claim her items). It's like, bitch, get over yourself. It's Walmart. Have you seen the people they hire? What do you expect?

And what I don't think this woman understands is that these lawsuits are what make your sausages go from 98 to 100 cents :p
 

AUFred

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I do speak up if items ring up different than what I expect to pay. However half the time you have to wander around the store to find a price scanner to even know the price. I miss prices being on the item.
 

Panacea

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I do speak up if items ring up different than what I expect to pay. However half the time you have to wander around the store to find a price scanner to even know the price. I miss prices being on the item.

For sure, it's worth speaking up and not letting them over charge, obviously she took it to the extreme and honestly wasting resources in this way should be punishable by fines imo...
I think Michigan is one of the last states to still have a sticker law, and it was just over turned if I'm not mistaken. I think I've taken the stickers for granted, it will be harder to tell once they're gone.
 

Darrell

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She's really a hero for the people, move over, Ron Paul! :24:

"Because she's the hero the consumer deserves, but not the one they need right now... and so we'll hunt her... because she can take it... because she's not a hero... she's a silent guardian, a watchful protector... a Dark Knight..."

:tooth
 

Panacea

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"Because she's the hero the consumer deserves, but not the one they need right now... and so we'll hunt her... because she can take it... because she's not a hero... she's a silent guardian, a watchful protector... a Dark Knight..."

:tooth


:24::24:
 

freakofnature

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"Because she's the hero the consumer deserves, but not the one they need right now... and so we'll hunt her... because she can take it... because she's not a hero... she's a silent guardian, a watchful protector... a Dark Knight..."

:tooth
:eek How DARE you mock Batman!!! :mad
 
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