Reader Jared writes in after having tons of fun haggling with a Target supervisor about an incorrectly priced DS game. Jared writes:
The ad reads: $24 Sale, Each Nintendo DS Games (fine print: Choose from over 30 titles to stuff their baskets! Includes all reg. $29.99 and above DS games.) To me, that ad says, if ANY DS game is $29.99 or over, then I get it for $24. Sound about right? Well, anyone who just answered yes would be wrong, including me.
Naturally, the game that Jared wanted to buy rang up at its normal (non-sale) price. No big deal, right? Jared thoughtfully brought the ad to show the manager. Oh, if it only were that simple…
Read the rest of Jared’s story inside.
The story begins, I was at Target getting Jenn some things for her Birthday, and I noticed a sale on Nintendo DS games. The ad reads: $24 Sale, Each Nintendo DS Games (fine print: Choose from over 30 titles to stuff their baskets! Includes all reg. $29.99 and above DS games.) To me, that ad says, if ANY DS game is $29.99 or over, then I get it for $24. Sound about right? Well, anyone who just answered yes would be wrong, including me. I find out how wrong we are when I get to the register with my items of interest, including one of the “$24″ DS games.
The cashier and I go through the routine, and she scans the last item: the game. The computer reads “$29.99.” “Oh, I’m sorry, but the ad says all DS games $29.99 and above are on sale for $24.” “Hrm, I need to call a supervisor.” I am annoyed at this because it is right there on the ad, which I (thinking ahead) brought with me, but I understand they need to do things “by the book.”
Supervisor arrives; cashier explains situation; supervisor looks at ad; tells cashier this game is not included. I decide I would like to be part of this conversation, seeming as I am about to give them my money, so I add, “Your ad says this game would be on sale by the conditions the ad has set for what games are on sale.” “Well, it would scan correctly if it was on sale.” (If you have ever gone to a store before, we all know that last statement from the supervisor to be untrue.) “So, are you telling me you will not validate your own ad?” “No, it is just not on sale. This game is not even pictured on the page.” I responded, becoming more frustrated, “There are ten games on the cover, and your ad says ‘over 30 titles’ are on sale; therefore, could this game be one of the missing 20 or more games?” Supervisor, now upset, “Let me talk to electronics.”
Electronics dude is walking by at the time, and she asks him. He says that game is not included because I had to actually point the game out behind the glass case because it was not actually displayed like the normal games. Oh, let us back track in my story for a moment. The electronics guy is correct; the game I wanted was laying in a stack, improperly displayed, inside the case despite the game being released over one week ago. Back to the normal time line of the story! “Just because you don’t properly display your merchandise makes it not on sale?” “Well, it is because it is new.” I respond, “It was new a week ago, which is an entire ad cycle, and your current ad does not say new games are not included.” Supervisor says, “Electronics says it is not on sale, so I can not change the price.”
I push forward. “Well, let me talk to LOD (leader on duty).” “I am the LOD.” “Ok, let me talk to the store manager.” “He is not here.” “Of course he isn’t. Let me talk to someone who can change this price.” Supervisor says, “There isn’t anyone else. Do you still want the game?” “No, I don’t want a game that is not correctly priced.” “She says fine. Do you want me to take your name and number.” I ask, “Why?” “So I can call you if I can change the price.” “No, you have made Target an incredibly inconvenient place to shop at.” “I’m sorry,” she says, and she walks back to electronics with the game.
I check out with the remainder of my purchases. After collecting my bags, I follow the supervisor over to electronics to continue our argument over Target’s inability to match their own ad. She sees me, and I say, “I would really like to know why you won’t match your ad.” “It is a new game, so we can not adjust it.” “Listen, I am sorry that we are having this little argument, but I will not accept any of these excuses because the ad is worded in such a way that no matter what you tell me, I am going to be right, and you are going to be losing a customer if this is not taken care of.” She thinks about it and takes it to the electronics boat register and says, “Because you have been one of the nicest angry people I have dealt with, I will go ahead and match the price.” This statement, to me, is in itself completely stupid. You are not going to change the price because YOU are wrong? But because I am a nice angry person? “Well, thank you, but we should change the price because the ad dictates it is should be that price.” “Ok she says.”
I end up buying the game, but I had thought about not buying it because of the trouble. My thoughts of not buying it because of all the trouble were outweighed by the thoughts of needing to buy it because I went through all this trouble to get it. In the end, I bought the game at the correct price. However, and this is for real Target, I will not be buying any electronics bases purchases from your store again. That includes, dvds, games, and game systems.
Update 1: I just noticed I paid $24.99 for it in the end, which is actually $.99 more then advertised. Also, I am currently on the phone with the corporate office.
Update 2: Talked to corporate. They said it should have been $24, and they are sorry for all the trouble. Apparently they are also sending me a $3 gift card…
Good job sticking to your guns there, Jared. We’ve noticed that Target corporate (with the exception of furniture shipping issues) seems pretty competent when you kick complaints up to them, so it’s probably a good idea to give them a call when something goes awry in the store.—MEGHANN MARCO
(Photo: Maulleigh)
Depending on the kind of store that you’re in, cashiers should be given varying degrees of control based on several rules. It also depends on whether they’re a FE cashier or a cashier within a certain department.
I’m not sure it was clear whether the cashier in question was working on the FE or in electronics, but it sounds as if they were on the FE. FE cashiers don’t really have the authority to change prices, even if it’s “obvious.” That’s what supervisors or coordinators are for. In this situation, if it was in the store I work at (not Target), the least that would be done would be that the flier and display would be checked, and an allowance would be made, at the very least, for this particular customer. Then, based on the results of the discussion and the “evidence,” a follow up decision would be made between store staff/departments with how to deal with subsequent issues. The price or product would be pulled until a decision or correction was made; this would only take a few minutes, so the product would be available again soon.
On a personal note, I visited a Target aiming to buy a DS game that was on sale. There weren’t 30 titles marked with the “$24″ tag, but there were titles that were listed as “$29.99,” including the game that I wanted to buy. My impression was that only the marked games were on sale, despite what the ad said. I didn’t do a follow up because I was in a hurry; this may have been a corporate screw-up rather than just a store-specific problem.
Where I work, we are only allowed to mark down products to a certain percentage until a supervisor code is required. Even if a manager approves the mark down, the transaction is red-flagged for review by the store manager and the LP Manager. The supervisor that Jared encountered was afraid that if he marked it down, he would face disipline for his action. This is why we use the “if it doesn’t ring, it isnt on sale” line.
@datruesurfer: that’s great & all, but it’s a violation of the law in many places. when i worked in electronics, the rules were simple…give the advertised price, retain whatever shows advertised price to CYA.
here in ct, they actually have teams from the ag office scout stores & they’re pretty vigilant about enforcing “correct pricing”. try the “if it doesn’t ring, it isn’t on sale” line on a shopper from that office & the store gets slammed with a hefty fine.
& that’s how it should be everywhere.
To the commenter at the beginning asking what legal obligation an advertiser is under to follow through with advertised prices, the most general rules are based in contract law and are as follows:
Most advertisements appearing in newspapers, store windows, etc., are not binding contractual offers to sell. This is because they do not contain sufficient words of commitment to sell. (Example: A circular stating, “Men’s jackets, $26 each,” would not be an offer to sell jackets at that price, because it is too vague regarding quantity, duration, etc.) But if the advertisement contains specific words of commitment, especially a promise to sell a particular number of units, then it may be an offer. (Example: “100 men’s jackets at $26 apiece, first come first served starting Saturday,” is so specific that it probably is an offer.)
However, words of commitment will suggest a binding offer for contract. (Example: “Send three box tops plus $1.95 for your free cotton T-shirt,” is an offer even though it is also an advertisement; this is because the advertiser is committing himself to take certain action in response to the consumer’s action.)
As a previous commenter noted, each jurisdiction will have their own specific legislation apply for handling these situation.
Karmaghost, I would have most likely did the same thing you did, but when I had the electronics guy get my game, it did not have a tag at all.
Also, to address some of the earlier comments about me being annoyed at the cashier: I was never really annoyed with her but more with the situation. As the event went on, I became annoyed with the supervisor.
I do have to say though, corporate hadnled this all very well. I did laugh a little when they said they were going to send me a $3 gift card, but I appreciated the gesture.
Yeah Target is bad they have the 20.00 or 20% off rule which ever comes first. I sadly work at Target and count the days until I can get out with some self respect left. When people tell me a price is wrong I usually fix it unless they are a turd burglar, then I just annoy them.
Congrats to Jared on standing up for the principal of the matter. While it was only $5, if people just lay down and let the stores continue with that kind of asinine behavior, nothing will ever change. While the ad very well may have been a mistake, short of a posted correction in the store, the wording of the ad should control the sales price. I hate it when stores, and their power-tripping managers for that matter, try and roll over the customers by simply saying “I’m not going to fix it (or some similar line). In those situations, persistence pays off. The important thing is to be able to argue your point accurately , correctly, and fiercely. Threatening to “sue” the store, or call your lawyer (in 99% of cases EMPTY threats) does nothing other than make the person you are arguing with think you are a fool. I’ve found it to be incredibly useful to continually point out why you are right, and why they are wrong, and if that doesn’t do it, use buzzwords like “customer satisfaction” and if/when the argument continues, point out the fact that there is no reason the issue should have gotten as far as it did. The ad, right or wrong, clearly states x, y, and z and someone needs to step up and make things right. I’m not one to be rolled over (ask my previous landlords) and I think Jared did the right thing by standing up for his principals and what he knew was correct.
Yea I work at Target as well but in Electronics. If someone complains about a price I usually just give them that price if they can back it up enough. Like with the Jared guy that’s fine and then I would have probably abused it myself later. But if its like $20 or more or in the wrong spot. I usually say no or get a team lead and then go back to my dancing/weirdness.
I should have added that yes, I know not all Targets treat their employees badly. Sorry, I just get riled up every time I think about my time there.
And no, I don’t think people should shop at Walmart instead, they’re equally bad. I just get a little annoyed at the cult that worships Target as if it’s so much better, not realizing that /all/ minimum(ish) wage jobs suck.
We all need to shop, and there aren’t a lot of choices as far as department stores (especially if you’re on a budget). But, while we think about how these stores rip consumers off, it’s good to remember that many employees are being ripped off as well.
And as for the Salvation Army thing, I’ve never seen a bell ringer in the way of a door or otherwise impeding a customer. I think it’s not only a crappy thing to do to a charity, but also a really terrible PR move (i.e., obviously not caring what your customers think of you).
At the grocery store that I worked (I was a clerk in grocery and dairy and back-up for cashiers) all ads were distributed to the registers for the cashiers to look at prior to the ad effective date. On top of that, they were required to do walk-throughs of the store to look at new items as well as the ad items. It helped tremendously as it resulted in fewer price checks.
I know not many stores do this but sometimes just 5 mins can add to a whole lot of saved time during a rush.
Target really should be more careful about how they phrase their ads. They wanted to say, “Choose from over 30 titles to stuff their baskets! All 30 discounted titles normally retail $29.99 and above.”
But they didn’t actually say that and they’re required to stand by their word, however mistaken it may have been.
Okay, a few things.
Number one, here is the actual ad in question.
http://img262.imageshack.us/img262/1189/070325p01alv4spupe…
Is it unfortunatly worded? Yes.
But lets use mathematical logic…
If it is clear that there are Over 30 Titles To Choose From, meaning not every title. And it’s clear that all the titles that are on sale are regularly priced at $29.99.
Then are all titles that are $29.99 on sale?
No….
Once again I will say that Jared knew what he was doing and specifically brought the ad because of this. That doesn’t mean just because swvaboy above who always brings an ad with him that Jared does too.
And to Mr. Feller, hey douche bag, you lack the intelligence you so quikly tried to point out that I lacked by stating “Most Target stores”.
In all your moronic glory, did you perhaps stop to think that said store might be one of those situations?
As for your belittlement of me, you bag of dicks, I’m a cashier because I’m a college student. And at my particular store, which is not Target, we have to call for clearance on a price change, no matter the amount.
I was speaking from my own experience. I guess I’m an idiot for doing my job properly?
Fucking people like you are the customers I hate. Privileged fucktards that think a cashier owes them everything because they’re spending a few bucks on cough drops.
Go fuck yourself.
That’s ridiculous. The ad obviously meant all games at that price point and the games PICTURED above.
Any idiot can figure that out. If this guy was in front of me in line arguing something everyone knows is BS i’d get mad.
@ADM: Generally, what’s prin ted is what goes, with the excdeption of printer’s mistakes (ie, 99 cents when it should read $99), in which case they have to post the correction where it can be seen. (Most do so at the door or the registers)
@numberoneshaqfan:
Until you posted a link to the image, I had also believed that the ad meant to say “Includes titles normally priced $29.99, as well as those displayed above.” However, it appears that there aren’t any titles displayed above the text. Only beside it.
As for the claim that “Over 30 titles to choose from” indicates that it clearly does not include every item, again, I disagree. If I held out a deck of cards, and stated that you had “over 50 cards to choose from,” I imagine that most people would not think to themselves “Oh, clearly that means that there are cards in the deck that I am not allowed to choose.” The statement simply means there are over thirty titles, from which you can make your selection. No other implication.
In any case, I think that the ad agency should be disciplined for their wording. I think that any of the below versions would have worked better, depending on the intent:
“Stuff their baskets with one of over thirty Nintendo DS titles, all of which are normally priced $29.99 and above!”
“Stuff their baskets with Nintendo DS games! Includes all games regularly priced $29.99 and up, with more than thirty to choose from!”
“Choose from over thirty titles to stuff their baskets! Includes all reg. $29.99 Nintendo DS games, as well as those shown here.”
Given the appearance of the ad, I would definitely interpret it to mean the following:
“We have over thirty titles to choose from. This sale includes all Nintendo DS games normally priced $29.99 and higher.”
@FordPrfct:
But that’s rediculous because the nintendo DS catalouge is far more than 30.
There are hundreds. Would all of them been on sale it would have said “hundreds of titles to choose from”. A store, with a dedicated section to games does not carry only 30 or so titles out of hundreds.
Like I said, I believe the wording is unfortunate but it’s pretty clear to me. Perhaps I’ve been working in retail to long, lol
@ Rajio says:
“@konstantConsumer: money is money”
Wrong. Time is money, and haggling for $5 is only a good idea if you couldn’t have made that much working for the same period of time (roughly). Unless, of course, you derive some sort of unholy utility from badgering retail supervisors and then preaching to the choir about it.
I work at target in central iowa, i do the signing and advertisement prep for the electronics department, and to make a long story short the game was on sale it just most likely wasnt in the computer system when the ad was set up, i personally wasted an entire day making sure that every game $29.99 or more in our inventory was marked down, i had to enter about 40 of them by item number, by hand, but i did it because its my job, you were in the right
also that LOD is an idiot, shes supposed to be the boss, why would you ask one of the people under you for permission to do something? thats just pathetic
also #2 target trains its employees (its part of the cashier trainign) to adjust prices “reasonably” up to $20, i would call $5 a reasonable adjustment even if the ad wording was kind of muddy (which its not)
unfortunately such items as the $24 ad for DS games do occur and the stores can make adjustments to the store system to correct such errors.
usually the new games will not be listed as part of such a special but the stores can add them to the system.
the same thing occurs with the widescreen vs. full screen of some movies where one version is on sale while the other is not.
when I work on my ad for MMB (movies/music/books) — and when I used to do it in the shoes area I look at the ad from the consumers perspective, not just from the store/corporate side of it. if the ad is clearly posted and the info clearly printed I have no problem but if there could be some issues based on miswriting or potential confusion in the items, I’ll add the items to the system that I think may be confused
cliff
I used to work for Target for just over 5 years. Druing that time I have worked at 3 stores from a small Target to a SuperTarget. The policy back then was if there was a disagreement on the price and the difference was under $20 the cashier could adjust the price for the guest without even contacting a GSTL(Cashier Supervisor) or LOD (store manager). After reading your story I was shocked that the cashier wouldnt just adjust the price for you and that the LOD wouldn’t either. If it was a $40 dollar differnce or more okay I understand but it was $5. Seriously that is just nonsense, not to mention the AD clearly states the terms. Sorry for your inconvience, glad corporate is making up for it. One thing that I found interesting about your story was that you said you were going to stop shopping there.. but then continued to pay for your other purchases. During my 5 years I have seen that happen a handful of times and just thought it was ironic. Anyways glad things did work out in the end… and hopefully if you get a better cashier/lod in the future.