LANSING – As the holiday season kicks into high gear, Michigan Attorney General Dana Nessel continues her Holiday Scams campaign by re-issuing her Michigan Scanner Law consumer alert to remind consumers of their rights.

The Michigan Scanner Law, also known as the Shopping Reform and Modernization Act, has been in effect since 2011. It provides protections to consumers against overcharges and ensures transparency in pricing practices at retail establishments.

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

Among other provisions, the scanner law requires that the price of most items be clearly displayed, either through signs, electronic readers, or price stickers. This replaces the previous Item Pricing Act, allowing retailers to skip individually marking prices on items as long as prices are clearly visible where the items are located in the store.

Under the scanner law, consumers are eligible for compensation when they are charged more at checkout than the price displayed. If a scanner error results in an overcharge:

• The consumer must notify the seller of the overcharge within 30 days of the transaction, either in person or in writing.
• The seller must refund the difference between the displayed price and the price charged. Additionally, the seller may pay a “bonus” equal to ten times the difference. The bonus must be at least $1.00 but may not exceed $5.00.

If the seller fails to pay the refund and the bonus within two days of receiving notice, the consumer may sue for actual damages or $250.00, whichever is greater, plus reasonable attorney fees of up to $300.00.

For multiple identical items purchased in a single transaction, consumers receive the bonus for only one item but are refunded the price difference for each. Consumers must complete the transaction and have a receipt showing the overcharge to qualify for the bonus. If a clerk corrects the price before the transaction is completed, the bonus does not apply.

If a retailer fails to provide the required refund and bonus after notification, consumers may:

• File a lawsuit in small claims court without an attorney.
• Seek recovery of actual damages or $250.00 (whichever is greater), plus attorney fees of up to $300.00.

Certain items, such as unpackaged foods, live plants, motor vehicles and other items are exempt from the pricing display requirement under the scanner law.

Alcoholic beverages are covered by the scanner law but are also subject to minimum pricing regulations under the Liquor Control Code. Complaints related to alcohol pricing violations can be reported to the Michigan Liquor Control Commission at 517-284-6330. Consumers should consult an attorney for more information.

Complaints about scanner errors or improper or missing price displays can be directed to the Michigan Department of Agriculture and Rural Development’s Weights & Measures Section at 1-800-632-3835 or by mail at:

Michigan Department of Agriculture and Rural Development
Weights & Measures Section
940 Venture Lane
Williamston, MI 48895

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