Does anyone know the legalities of rainchecks? We have a store here that routinely runs out of "sale" items -- none of which are posted "until supplies last." When I ask for a raincheck, I am told, "We don't give them out." They used to tell me to, "Tell the cashier the next time you are in the store," leaving it up to me to (1) remember, (2) bring in the store ad to prove the price the next time I shop, (3) prove that I bought at least $15.00 worth of groceries to get the special price, and (4) fight with the cashier.
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Okay, I might not know all the legalities, but I have worked in retail for 12 years so here goes... Stores might receive only a small amount of the sale item and therefore do not give rainchecks as they might not restock the item or will not carry it again at that special price. Chain stores will have a notation in their ads like "2500 chainwide" or "15 per store". Small stores might have a one time deal with a distributor to get an item cheaper wholesale (sometimes by purchasing something else) and so cannot give the sale price later. Even if a store doesn't say the sale price is "until supplies last" you should reasonably assume that is the case. Maybe the store stocked 100 of this sale item and 4 greedy people bought 25 each instead of 100 people each getting one.
Well, Susan. Guess who I am? The lady for whom the California Bait-and-Switch law was written some 35 (was it that long ago?) years ago. The rain check was included in that law. A similar thing happened to me for an item listed at "while supplies last," and the Attorney General won a $4M lawsuit against the merchant, a large chain furniture store. Just advertising "while supplies last" wasn't enough in LA, with some 7M people then.
Then our state legislature--remember them, the guys who never do anything?--passed a law spelling it out, adding rain checks.
So my advice is call the Arizona Attoney General's office and tell them the situation, especially what the cashier said. See what the law really is, and what they advise.
O.
You could contact your local newspaper, but be aware that if this store engages in a 'bait and switch', then you have very little hope of ever receiving the advertised goods at the lowered price.
You are a victim of "bait and switch", an old con in the retail trade. They get you in the store with an advertised super bargain, don't have it when you get there, and then expect you will buy other stuff or a more expensive item.
Obviously, from the other replies, it is illegal. Another suggestion, while contacting your local states attorney, contact the corporate office if the store is part of a chain. They may not know their store is doing this.
Do you live in Prairie Grove,AR cause I do and local store will give rainchecks depending on who you get at the checkout. I think they do pretty much what they want being as it is a small community and they think you won't report them to their home office which is how I started getting my rainchecks.
Thanks for all your responses. No Dannielle, I don't live in Prairie Grove, but not too far from it.
I understand how stores get only get a certain amount of promotional items, but this is a grocery store and a particular brand/item that it always carries. Once they sell so many at their advertised sale price, they just refuse to put any more out. The owner tells his cashiers to tell customers to ask for it the next time they come in, and they'll get the sale price. Well, the next time you go in and ask the cashier--the same one who said she'd give it to you, and remembers the conversation--she refuses to give it to you.
They have done some clearly illegal things in the past, and I quit going there once for over a year, and another time for over 6 months, but we just don't have many other places to shop. I don't want to just cause trouble, since I'll get marked in this town. Talking to others, they have had numerous complaints too, but no one will do anything about it. I just wondered if anyone though I hav a good enough reason to complain.
THANKS for all the responses.
I know this is an old feed but Im having a similar situation in another city & state as I type this actually.
Turns out, you should contact the Federal Trade Commission at 1-877-FTC-HELP because refusing to give a rain check or comparable item of equal or greater value at the sale price advertised is indeed illegal. Period.
There is no law requiring rain checks unless the item is a food item. So it doesnt apply to anything else and if they state while supplies last OR no rainchcks on the ad terms, they arent obligated. Youre getting some bad advice here from people who havent read the FTC rules
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