Great Lakes Wire

As the holiday season progresses, Michigan Attorney General Dana Nessel has re-issued a consumer alert regarding the Michigan Scanner Law. This is part of her ongoing Holiday Scams campaign aimed at informing consumers about their rights.

The Michigan Scanner Law, also known as the Shopping Reform and Modernization Act, has been in place since 2011. It safeguards consumers from overcharges and promotes transparency in retail pricing practices.

"Consumers deserve to trust the prices they see on store shelves and deserve to know that there are protections in place when errors occur," stated Nessel. "The scanner law helps ensure that retail pricing is fair and that retailers are held accountable for mispriced items."

The law mandates that most items have their prices clearly displayed through signs, electronic readers, or price stickers. This replaced the former Item Pricing Act, which required individual price marking on items.

If a consumer is overcharged at checkout due to a scanner error, they must notify the seller within 30 days. The seller is then required to refund the difference and may pay a "bonus" equal to ten times the difference, with a minimum of $1.00 and a maximum of $5.00.

Should the seller not provide this refund and bonus within two days of notification, consumers can sue for actual damages or $250.00—whichever is greater—plus reasonable attorney fees up to $300.00.

For identical items bought in one transaction, only one item qualifies for the bonus; however, all items should receive a refund for any price difference. If a clerk corrects an error before completing the transaction, no bonus applies.

Retailers failing to comply after notification allow consumers to file lawsuits in small claims court without legal representation. They can seek actual damages or $250.00 plus attorney fees up to $300.00.

Certain goods like unpackaged foods, live plants, motor vehicles, among others, are exempt from these display requirements under the scanner law.

Alcoholic beverages fall under this law but also adhere to minimum pricing regulations as per the Liquor Control Code. Violations related to alcohol pricing can be reported to the Michigan Liquor Control Commission at 517-284-6330.

Complaints about scanner errors or improper price displays should be directed to the Michigan Department of Agriculture and Rural Development’s Weights & Measures Section at 800-632-3835 or by mail at:

Michigan Department of Agriculture and Rural Development

Weights & Measures Section

940 Venture Lane

Williamston, MI 48895

For further assistance, contact the Attorney General’s Consumer Protection Team at 877-765-8388.