Shopper Takes Walmart To Court Over $2 And Wins $100
The Pennsylvania woman who makes a hobby out of taking retailers to court over pricing errors has struck again. This time Walmart was ordered to pay Mary Bach $100 for repeatedly failing to correct a $2 error.
WTAE in Pittsburgh says:
On Monday morning, Wal-Mart decided not to fight Bach's latest lawsuit, so District Judge Charles Conway ruled in her favor and awarded Bach $100 for being overcharged on a $2 purchase at the company's Delmont store.
This is Ms. Bach's second judgment against this Walmart. In May she won $100 after suing Walmart over some $5 pants that were supposed to be $3. Before that, she won a lawsuit against Kmart for charging sales tax on toilet paper.
She says the money isn't important, (she always sues for the minimum amount) she just wants shoppers to be more careful and pay attention.
Murrysville Woman Beats Wal-Mart In Court Over $2 Error [WTAE] (Thanks, Tim!)
(Photo: genebob )
Attention, Walmart shoppers! This ad is for you! Woo hoo!
Post a comment
Comments:
@meechybee: Um, how do you figure in the "selfish" and "ego-driven" part? She comes off more as a bit of a consumer advocate to me.
Reading the article, it also states that she first alerted management to the problem and only filed suit after it was not corrected. It seems to me like she tried to resolve the issue using proper channels first, and only escalated it to the courts after that failed to work.
@meechybee: I don't know the details, but it sounds like she first tried to get the store to correct the error.... "...repeatedly failing..."
After that, it sounds like a good way to get a company to stop screwing it's customers. (not if lawsuit was first step, then not that good, but it does not sound like that.)
@meechybee: So, it's OK for stores to overcharge? Is it a waste of taxpayer money to help keep them honest?
@meechybee: Well, if it happened to her, it probably happened to thousands of others in her state. She is standing up for the rights of her fellow consumers, and hitting companies in the only place they feel things, their wallets.
And how is she wasting taxpayer money? Wasting money is bringing frivolous lawsuits. The case was found in her favor. Also, she is about as ego driven as anyone on this site is who stands up for other people. Do you consider Ben, Meghann, et al. wasting Gawker money and selfish and ego driven?
@meechybee: Yeah, right- people should only sue for "important" things, and let corporations get away with the small stuff.
It's not a waste of taxpayer money to ask the courts to do what they were set up to do.
People in America are inherently suspicious of the legal system, so I'm not sure if making a habit of litigation is a good way to raise awareness of a problem.
Popular opinion is, as a general rule, against plaintiffs in civil cases. They're seen as selfish, money-grubbing, and just out to make a quick buck without doing any work to earn it. That view is usually accompanied with a sense that whatever happened to the plaintiff was the plaintiff's own fault.
So, yeah, this woman should change her tactic if she's trying to send a message about deceptive practices by retailers.
Well, I'm overcharged it seems like all the time and when I tell the cashier the price is wrong they act like I'm being a problem since they have to look the item up.
One time while buying a weeks worth of groceries my wife noticed an overcharge on the receipt, we didn't go back immediately as we were already 5 minutes out of town but we came back the next day and got our 5 dollars back on a bunch of lemons. Yes were were overcharged by $5 dollars on a bag of lemons, while the whole bag was only supposed to be a few bucks we were charged nearly 3 times the price for them.
Here's a tip for the OP, go for the maximum fine next time as this obviously doesn't bother Wal-Mart and as pointed out already these small claims court judges cost money for the taxpayers too.
@meechybee: I think a more diligent reader would understand her point, that HER money isn't the matter. She could sue for more, but doesn't. The nuisance alone costs WalMart money.
Quit being a troll.
@johnnya2: Yes, I like the "Waste" argument. We are supposed to have courts, but don't use them.
WTF?!
I have to applaud her for suing for the minimal amount... but at the same time I have to wonder how much personal time she spends scouring receipts, double-checking, triple-checking, etc. Seems like an interesting, yet time consuming hobby.
Then again, it almost makes you wonder how often we get overcharged for simple items and never notice.
Every time a store overcharges a customer and the customer leaves without getting it back they are making exta $ off you. I know a 30 cent overcharge may not seem like a lot but multiply that by several thousand people chainwide who buy the item and do not go back for the refund and it quickly turns into a lot more money. That is why every overcharge should not be taken lightly no matter how small the amount.
@rpm773: They're right up there on the frustration level with the "value" minded consumers who try to argue discounts over a slight dent in a can of peas. =P
@LetMeGetTheManager:
It's the only language that corporate America speaks.
Don't speak cash? Can't hear you...
@Gokuhouse:
I know what you mean about the cashier acting like I am being a problem. A few weeks ago I was in a convenient store and walked by a display for candy bars which was marked 2/$1.00. I picked up two on the way by and headed to the checkout.
The clerk rang the candy up at the regular price and said they were marked 2/$1.00 on the display. He asked what I was talking about and I pointed at the display in the corner of the store. He walked to the display, pulled off the sign and walked back to the counter. As he was ripping up the sign and throwing it away, he commented "God, 20 cents."
He gave me the new total, and because I am a smartass, said "you act like it is a pain in your ass to correct that." He leaned over the counter, got in my face and asked what I said. I repeated myself and, still in my face said, "don't you ever cuss me." Hell, I thought he was going to try and kick my ass right there. Stared me down all the way to the car. One of these days my mouth will get me in trouble...
I went to Walmart 3 days in a row and bought a pound of ham which had a sign on the shelf for $2. I was charged $3 at the register. Each separate day the same manager would come over and give me the item free under their price-accuracy guarantee. It was only after the third time that the manager fixed the price on the shelf. Apparently they made more money on overcharging than they did on giving me 3 packages for free.
I know in Michigan, there's a law on the books that requires retailers to pay 10x the mispriced item Plus refund the difference, up to a measly $5. Fortunately, this means that if you buy an item that was supposed to be $1.25 and rang up at $1.75, you get $5.50 in bounty, for a net gain of $4.25 plus the item.
Kinda sweet, but they should up the limit from $5, since it's been that way for around 60 years.
@meechybee: This is exactly how these laws are designed to work--we can't exactly call the sheriff of Wal-Mart, or send Wal-mart to jail, so we penalize them at the court level with money. If more people did this these stores would probably pay more attention to the law.
I give this woman a lot of credit for standing up on behalf of consumers everywhere. Good for her! I'm sure the $100 or so she makes with each win does not compensate her enough for all the work and documentation she put into assembling her case.
As an aside, I find it amusing how many people get irritated at a customer in line at the cash register when they complain about the price of an item. Although the store made the mistake, the customer always takes the brunt of the blame because they are holding up the line.
@trademarked67: I am upset that the words "I'd like to speak to your manager" didn't come out of your mouth. Surely attempting to intimidate customers isn't "corporate policy" at stores you patron, right?
@LetMeGetTheManager: I disagree. Say they let the price mistake stick, more than 50 people will pay the extra 2 bucks. So the hundred they lost is easily paid for and then some by leaving the pricing error alone. Ultimately they make so much money they seriously are not going to care about "loosing" a $100 case.
@billbobbins: EXACTLY. and this $100 loss is paid for within seconds as 50 people across the country buy those pants at the $5 price. This isn't going to teach them anything.
@zigziggityzoo:
Michigan law also requires that every item have a price on it, so all all items at every Aldi around has somewhere on it MI XXX
@exo: I agree. It would be nice if more people knew they could / would put the effort into filing these suits.
I used to live in Western PA, where this lady is from, so I have seen her on the news a few times. To those who suggests that she is an egomaniac trying to make a buck, you are stupid and dead wrong. She does it to stand up for consumer rights. Her lawsuit against K-Mart was for taxing items that should be. Now, tax on these items are not much, but it's the principal that matters. Certain items were determined untaxable because they are staples people need to live.
@meechybee: Well, I don't know what the costs were that she incurred for filing this claim, but I imagine she made hardly any profit at all after court fees and the like. I work at a grocery store part-time and I get angry at our own people when they can't price things properly. I say, more power to this lady. She's using the system to her advantage and she's not taking any undue advantage of the courts.
@meechybee: I believe I'm justified in calling you an ignorant troll:
- You clearly have not looked up the definition of selfish nor ego, thus you used them incorrectly.
- The woman first tried to fix the problem outside of court, but behemoths like Walmart could care less.
- Walmart sells TONS (literally) of toilet paper, so when they tax items they shouldn't (such as toilet paper), this affects many people and should be corrected.
- All of the other responses pretty much sum it up as well.
Considering the amount of money she is being awarded I have to assume she is doing it to be a pain to the company more than for the money. I mean 1 day off to go to court would cost me a lot more than she is being rewarded, and event at minimum wage, she would be taking a loss assuming it takes more than 1 days worth of work.
@rpm773: While I could very well be wrong and would stand open to correction... I have a feeling that this particular woman would NOT be arguing to 15-year-old cashiers but instead to management.
There is a KMart in Kentucky I went to once that I wish I could sue just because they ticked me off. They put all their prices up for the ad on sunday on saturday evening I guess. The prices had no dates on them. Got up to the register and 5 things were wrong. After I told them they told me after me showing them the sign, "oh those aren't in effect yet". Then don't put them up. Manager refused to give the price.
I don't think it is a waste of time trying to keep the big companies honest. A company such as Walmart has the resources to be accurate, there is no excuse for the pricing diferences. Consumers must stand up for themselves and not accept being cheated out of their money.
@ohayou_kun: You need something better to do than tear people down who are trying to make a difference, no matter how small. Alone, she's fighting a losing battle. But what if a few dozen peole did this in every wallmart community? What did you do in terms of consumer advocacy today?
I wish the Consumerist would do a feature on how lawsuits like this work. How hard is it to do? If every reader here filed just a couple of these a year, we might actually make some headway. I know, I took that song "Alice's Restaurant" too much to heart. But I'd rather struggle in futility for good cause than just give in and bend over.
























Money is not important? Hmmmm.
I guess she truly believes that or she wouldn't keep wasting taxpayers' money and time hearing her selfish, ego-driven cases.