Legal Question in Business Law in Pennsylvania

False advertising

I was sent a catalog that listed a guitar at $1.95. The catalog does have a disclaimer that they sometimes change prices to stay competitive with other online music stores and that sometimes they may run out of stock. But they do not have a disclaimer stating that they are not responsible for misprints like the other online music stores do. I want to know first of all is this disclaimer legal in the state of PA. and second does Pa. state law or federal law obligate them to honor their advertised price no matter what? If so what can I do to hold them accountable for their ad? Thank you.


Asked on 12/09/05, 10:58 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: False advertising

Everybody wants to win the lottery.

Turn the tables around. If you were the merchant could you afford to be liable for that misprint to every single person who tried to enforce it? I didn't think so.

The disclaimers are to help protect themselves against persons who would take advantage of a simple error. It's obvious that businesses can't afford to honor such errors. How would you suggest the business correct such errors?

Disclaimers can be enforceable. And sometimes they can be beat. Remember, most law is concerned with money and right or wrong is of much less importance. To enforce this claim it would cost you many times what the value of the guitar is.

Roger Traversa

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Answered on 12/09/05, 11:35 pm


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