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Consumer Corner: Does Pricing Error Allow for Free Item?

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By

Tom Sofield

Provided by the Bucks County Department of Consumer Protection:

taxesQ. My understanding of the Law protecting consumers from UPC scanning incorrect pricing at the checkout is only applicable at a grocery Store. Yet I see multitude of errors in other stores. What is the laws regarding UPC scanning errors in those cases? Does the law in Pa dictate that the retailer must give to the purchaser, the first incorrectly scanned item free? K.K. Warminster

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A. In February of 1997 an important law, the “Consolidated Weights and Measures Act”, took effect. That law requires annual inspection of Universal Product Code (“UPC”) scanning systems and Price Look-Up (“PLU”) devices. These systems and devices are the “bar code scanner” technology familiar to most consumers. These laws apply to any retailers, not just grocery stores that have put into use a UPC scanning/Price Verification system. You can learn more information about this law by visiting http://www.buckscounty.org/docs/government-documents/consumerinformationbulletin11-2009.pdf?sfvrsn=2. Unfortunately the law in Pennsylvania does not dictate how a store conciliates the consumer when an item scans incorrectly. They are not required to give that item to you “free”. They should, however, charge the consumer the price on the shelf tag or posted on signage even if the item did not scan properly. They are required to have accurate prices on shelf tags, sale information, etc. Upon inspection, 100% accuracy is the goal. A test result of 98% accuracy or better is required to pass inspection. In addition, all weights and measures devices, including but not limited to scanning systems, in commercial use in Bucks County must be registered with the Bucks County Department of Weights and Measures annually.

If you should have any further questions or have a Weights and Measures related complaint/concern, feel free to contact the Bucks County Department of Consumer Protection/Weights and Measures at 215-348-6060. You can also visit us online at http://www.buckscounty.org/government/CommunityServices/ConsumerProtection/WeightsandMeasures

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Tom Sofield

Tom Sofield

Tom Sofield has covered news in Bucks County for 16 years for both newspaper and online publications. Tom’s reporting has appeared locally, nationally, and internationally across several mediums. He is proud to report on news in the county where he lives and to have created a reliable publication that the community deserves.