Legal Question in Consumer Law in New Jersey

False Advertising

As a former sales representative, I have encountered many (prospective) customers who often threaten to file for FALSE ADVERTISEMENT against me or my company. It has always seemed to me that these customers are easily agitated and irrational, but I would like to know whether or not their complaints were in fact legitimate.

For instance, I remember a lady coming up to the counter to pay for an item claiming that she got it from a shelf with a large sign stating that the items on that shelf are priced $9.99. The staff immediately identified the item as belonging to another shelf, and its attached price ticket indicated that it was $25.00 The customer demanded that she be allowed to buy the item for $9.99 since she (supposedly) found the item in the $9.99 shelf and threatened to sue our company for false advertisement if we didnt do things her way.

What valid retort could I have responded with?


Asked on 7/26/06, 11:27 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: False Advertising

Your question has as much to do with customer relations as it does with law. As to the former, remember that no one ever won an argument with a customer. That doesn't mean that you knuckle under, it just means that arguments are useless. So, in the example you cite, the item was probably moved by another customer. Your obligation is to sell the item at its marked price. As a matter of good business, a retail store ought to have a pad of complaint forms. That defuses the problem for you and sometimes, when a complaining customer has to explain the complaint, they realize how silly it sounds.

The legal aspect is in your shelf marking. The wording that you reported sounds as if it is an offer to sell at that price and that is not what you intended. So, change your shelf marking to read somthing like: "Look here for items marked at $9.99." That says what you mean and keeps you out of trouble if something gets moved.

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Answered on 7/26/06, 1:10 pm


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