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SoCalGirl 10-13-2008 02:55 AM

ULTA: Illegal pricing practice
 
Sorry this is so long!

So today I went to the ULTA in La Jolla and picked out some cheap Prestige eyeshadow that was marked as being on sale for $2.39. When I went to check out it rang up at $3.99. I told the girl that it was marked as on sale but she said it's on sale for $3.99. I told her I'd double check the price, which she should have offered to do. I went back and made sure I was right about the price. I got back in line and ended up with a different cashier. I explained to her about the price issue and she went to check the price. She came back with the sale price sticker and said that the sale ended yesterday on the 11th. There was a date range on the sticker but it did not sale "expires on" or "only through", etc. I explained that under state law they have to sell it for the price that is displayed. She went to get the manager. The manager, who was for some reason not even wearing a name tag or identified herself, immediately told me that they could not give me the lower price. I explained to the manager about the state law and told her to just ring it up at the $2.39 price but she kept refusing. She claimed I was making a scene and asked me to step aside. I hadn't even raised my voice so that surprised me. She said I could return in the morning and talk to the General Manager. I told her that I would not be returning in the moring as I work. I asked that she call the General Manager. She claimed that the manager is flying back from Chicago tonight. Convienient right? I asked her to write a statement confirming that she would not sell the item at the marked price. And to provide her name. She refused to put in writing what she was saying to me and would only give me her first name of Jamie. I told her I don't know how many Jamie's there are in the store and I want to be specific when I called the customer service number. She said she was the only Jamie in the store and is the Prestige Manager. She said the people at the customer service line know her. I thought that was odd. Why would they know her unless there are a lot of issues with her? The woman behind me in line even agreed that I was right about the state law.

I'm so irritated that this woman blatently disregards state law. The fact that she was so calm and stuck to her guns so firmly makes me think this is a common occurance. I'll be calling the customer service line first thing in the morning (6 AM) since it's on the central time zone. What she did is a misdemeanor with up to a $1000 fine and a year in jail! They have to sell at the price posted regardless of any expiration dates listed. :mad: She should be fired or at the very least demoted to stock girl or something.

Has anyone else had a similar problem with ULTA?

Honeykiss1974 10-13-2008 08:31 AM

I haven't had this problem with Ulta but I have at Walgreens (but they honored the advertised price though).

Walgreens is also NOTORIOUS for having up signs that say "SALE" but in very, very small print it says something like after rebate or when you buyt 2 or something else.

epchick 10-13-2008 04:12 PM

I haven't had it happen at Ulta but It happened to me at Target. I bought a bunch of bed sheets that were "on sale" for $9.99, but rung up $19.99. I fortunately had talked to one of the workers before I went to the checkout (it sale price was for a specific color, but they didnt have it anymore). He told me the sale was over but it was Target's fault for leaving the sign. He gave me all his information so if the cashier had a problem, she could talk to him.

I can't believe that lady was so adament about it. It was her fault for leaving the sign out. I'd definitely tell the customer service people!

ZTAngel 10-13-2008 04:18 PM

I've never had that happen at ULTA before. I've had it happen at a number of stores before though and they've always been accomodating to me. Most recently it happened at Michael's. There was a big sign in front of the items that said $5.99. It rang up as $8.99. I explained to the cashier that there was a sign marking the sale price. She went back and checked it out. She said that they had accidentally left the sign up from the day before but she would give me the sale price anyway. That's how it should work! I'm surprised that ULTA was so adament about not giving you the sale price - especially when the difference was only $1.60. It doesn't seem like a big enough deal to lose a customer over and possibly incur a huge fine.

agzg 10-13-2008 04:26 PM

Quote:

Originally Posted by epchick (Post 1730486)
I haven't had it happen at Ulta but It happened to me at Target. I bought a bunch of bed sheets that were "on sale" for $9.99, but rung up $19.99. I fortunately had talked to one of the workers before I went to the checkout (it sale price was for a specific color, but they didnt have it anymore). He told me the sale was over but it was Target's fault for leaving the sign. He gave me all his information so if the cashier had a problem, she could talk to him.

I can't believe that lady was so adament about it. It was her fault for leaving the sign out. I'd definitely tell the customer service people!

I worked at Target during grad school and this is how we did things. It's our own darned fault for not making sure ALL the signs from the last sale week got taken down (however, if you've noticed, there are thousands of 3x5 and 2x3 inch signs - a HORRIBLE idea!). I would just take the sign down and tell them to have the cashier call me when they went to check out. That way, our guests were happy, and we never (EVER) were questioned about that kind of practice. We weren't allowed to let guests haggle with us, but we were allowed to honor old signs, if they were still up.

The worst, though, was when some woman came into the store and demanded that we honor a sign that she had seen in another Target that day. Uh... sorry. Often times there are different items on "price cut" at different stores, because sometimes our Managerial staff is trying to be competitive with Wal-Mart. The item she wanted had been on sale the week before, though, and THAT Target didn't take it down. My manager just said that "Yes, although it was another Target, we don't price match. Not even with other Target stores."

She flipped, so my manager gave her his information and the guest relations number.

It's always nice to be following company policy while guests flip!

Kevin 10-13-2008 06:28 PM

I don't think I'd ever get that bent out of shape over $1.50.

KSUViolet06 10-13-2008 06:29 PM

I have had this happen at other stores, and they have always honored the sale price because it was their fault that they left the sign up or marked the item wrong.

ZTAMich 10-13-2008 06:45 PM

Quote:

Originally Posted by Kevin (Post 1730570)
I don't think I'd ever get that bent out of shape over $1.50.

I don't think the money is the point here. I think it's ULTA, etc being shady with their 'sales'.

A few weeks ago I was at Victoria's Secret and something rang up as $18. I asked which item was on sale and the girl said "Oh that's a mistake" - 'returned' the item and charged me the full price. AHHHH

SoCalGirl 10-13-2008 09:40 PM

^That's illegal in CA too.

I called the customer service number today and was supposed to be called by the district manager. I never heard from her so I'll call back tomorrow to see if I can get her direct number. :(

catiebug 10-14-2008 08:11 AM

If you really want to pursue this, you might want to call your Attorney General. I know in Connecticut, our AG is always on the lookout for things like this (but he also has aspirations for (much) higher office.

RaggedyAnn 10-14-2008 01:41 PM

Quote:

Originally Posted by ZTAMich (Post 1730577)
I don't think the money is the point here. I think it's ULTA, etc being shady with their 'sales'.

A few weeks ago I was at Victoria's Secret and something rang up as $18. I asked which item was on sale and the girl said "Oh that's a mistake" - 'returned' the item and charged me the full price. AHHHH

They can't override price in the register program as a markup. She probably did type in the sku wrong.

ThetaPrincess24 10-14-2008 03:40 PM

Quote:

Originally Posted by ZTAMich (Post 1730577)
I don't think the money is the point here. I think it's ULTA, etc being shady with their 'sales'.


Agreed. I havent had this experience at ULTA but I have been treated RUDELY at ULTA which is why I do not go there anymore. Sephora has my business now. I've never had bad service at any sephora store I've been in. One just opened up here actually and I'm wondering when ULTA will go out of business as a result.

33girl 10-15-2008 10:42 AM

Wow, I've never had any problems whatsoever at ULTA (even after I accidentally broke a bottle of White Diamonds all over the floor - yuck!). Just an FYI, when she said she is the "Prestige Manager" she most likely meant she is the manager for the prestige/high end brands they sell - Elizabeth Arden, Bourjois etc - NOT that she has anything to do specifically w/ the makeup brand Prestige (which is a drugstore brand).

Also, their customer service lines are probably set up by region and they have the names of the store managers at hand.

BigRedBeta 10-15-2008 04:21 PM

Quote:

Originally Posted by Kevin (Post 1730570)
I don't think I'd ever get that bent out of shape over $1.50.

My thoughts exactly...

UGAalum94 10-15-2008 07:31 PM

Quote:

Originally Posted by BigRedBeta (Post 1731456)
My thoughts exactly...

Yeah, but it's the principle of the thing. If there's a state law that says a store has to sell an item at the advertised price, and they refuse to sell it at that price, then it's not about the 1.50, it's about the store breaking the law and expecting you just to accept it.

ETA: I've always had great experiences at ULTA, but I bet it just depends on the management of a particular store.

epchick 10-15-2008 08:22 PM

Quote:

Originally Posted by UGAalum94 (Post 1731559)
Yeah, but it's the principle of the thing. If there's a state law that says a store has to sell an item at the advertised price, and they refuse to sell it at that price, then it's not about the 1.50, it's about the store breaking the law and expecting you just to accept it.

This reminds me of a story from when I was younger. There was an auto dealership that claimed something to the effect of XX car was the price of a bunch of bananas.

A man came into the dealership with a bunch of bananas, and the dealership had to sell the car to him, because that's how they advertised the price fo the car (and they didn't have disclaimers or anything on the commercial).

BigRedBeta 10-15-2008 11:08 PM

Don't get me wrong, principle is a great thing, but in the end I think there needs to be some cost-benefit analysis that goes into it. This has turned from a mere principle issue to one of vengeance in which SoCalGirl is trying to get someone fired or demoted. Even if she just gets the girl charged with fraudulent sales or whatever the charge is (with a fine of a grand and a year in jail!), is that worth it?

Certainly the law is in place for a good reason to protect consumers (and competition in the marketplace), but I'm just taking the side that there are some things worth fighting for, and for the effort and potential impacts, $1.50 (or essentially a 20oz bottle of soda) seems rather minimal in the scheme of things. Now someone advertising a new car for only $500 then pulling some sort of bait and switch - that's quite a bit different. But this? A little perspective is all I ask...

navane 10-16-2008 01:38 AM

Quote:

Originally Posted by BigRedBeta (Post 1731674)
Certainly the law is in place for a good reason to protect consumers (and competition in the marketplace), but I'm just taking the side that there are some things worth fighting for, and for the effort and potential impacts, $1.50 (or essentially a 20oz bottle of soda) seems rather minimal in the scheme of things. Now someone advertising a new car for only $500 then pulling some sort of bait and switch - that's quite a bit different. But this? A little perspective is all I ask...

Ok...at what price cut-off do you think it is appropriate to pursue justice on the basis of principal? $20? $100?

What if I pushed someone's grandmother? Is it ok if I just give a moderate one-handed push to the shoulder or does it not cross the line until I use two hands or until grandma hits the pavement?

At what level of "wrong" does the law kick in?

I could use your logic and say that if $1.50 was "no big deal", then why did the store manager fuss so much about it and refuse to give SoCalGirl the advertised price? $1.50 should have been nothing to the "Prestige Manager". Why should the customer be required to accommodate the mistake of a retailer who broke a law specifically designed for moments like that one?

.....Kelly :)

BigRedBeta 10-16-2008 03:21 PM

Quote:

Originally Posted by navane (Post 1731732)
Ok...at what price cut-off do you think it is appropriate to pursue justice on the basis of principal? $20? $100?

What if I pushed someone's grandmother? Is it ok if I just give a moderate one-handed push to the shoulder or does it not cross the line until I use two hands or until grandma hits the pavement?

At what level of "wrong" does the law kick in?

I could use your logic and say that if $1.50 was "no big deal", then why did the store manager fuss so much about it and refuse to give SoCalGirl the advertised price? $1.50 should have been nothing to the "Prestige Manager". Why should the customer be required to accommodate the mistake of a retailer who broke a law specifically designed for moments like that one?

.....Kelly :)

Again, my issue with this situation is that it goes well beyond $1.50. SoCalGirl is, or was at least considering, aiming to severely affect the livelihood of this "Prestige Manager".

And I'm not defending the "Prestige Manager" either. No one in this situation has acted (in my opinion) appropriately. This is really coming down the letter of the law vs. the spirit of the law. Is ULTA breaking this law as a policy, or did their stock person simply do a shitty job and not pull the tag when the sale expired? If it was a mistake, then SoCalGirl's response is entirely unwarranted (though the store should have just obliged). If she can prove there is rampant abuse of the concept of a sale, then that's very different. I'm no lawyer, but fraud (which is what I assume this law was put in place to prevent) - seems to me - requires some sort of intent to deceive.

As for a cost guidelines - I'm not going to say that there's a specific $ amount or even a percentage of original cost that's always going to work. Certainly $20 on a $60 item is much different than $20 on a $600 item.

epchick 10-16-2008 04:07 PM

Quote:

Originally Posted by BigRedBeta (Post 1731932)
Is ULTA breaking this law as a policy, or did their stock person simply do a shitty job and not pull the tag when the sale expired? If it was a mistake, then SoCalGirl's response is entirely unwarranted (though the store should have just obliged). If she can prove there is rampant abuse of the concept of a sale, then that's very different. I'm no lawyer, but fraud (which is what I assume this law was put in place to prevent) - seems to me - requires some sort of intent to deceive.

I'm sorry, i don't agree. From what I read, SoCalGirl had an appropriate response. Even if it was a stock person's fault for leaving the sign, the manager should abide by the law and allow the sale. Afterall, like some have said $1.50 shouldn't matter.

It's the principle of the thing. SoCalGirl shouldn't just "give up" or leave it alone because the manager refused to allow the sale.

pbear19 10-16-2008 04:34 PM

I think you can make a stand on a case of any monetary value, if the principle is one you believe in. But I wholeheartedly agree with BigRedBeta's sentiment with regards to this statement:

Quote:

Originally Posted by SoCalGirl (Post 1730310)
She should be fired or at the very least demoted to stock girl or something.

Wishing that someone loses their livelihood over an issue that involved pocket change strikes me as unnecessarily vindictive, especially when there is zero definitive evidence that this is anything other than an isolated incident. Do it so that they follow the rules. Do it so that in the future other people get the benefit of the falsely labeled signs. Do it so that they know that they cannot thumb their noses at the law. Don't do it with the goal of this woman losing her job.

annabella 10-16-2008 04:47 PM

I think if it's an experience you have repeatedly, you could look into pursuing it.
Of course, I also think you have too much time on your hands.

ZTAngel 10-16-2008 06:14 PM

Quote:

Originally Posted by SoCalGirl (Post 1730666)
^That's illegal in CA too.

I called the customer service number today and was supposed to be called by the district manager. I never heard from her so I'll call back tomorrow to see if I can get her direct number. :(

So what ended up happening? Were you able to get in contact with the district manager?

VandalSquirrel 12-29-2008 10:13 PM

I had this problem Friday when I was out exchanging gifts and doing a little shopping (it was payday).

No, it wasn't at Ulta, but a certain corporation had two signs in their window, four on a display, and one at the regsiter about a sale, which they neglected to take down. When brought to their corporate HQs attention, they apologized and said they'd send me coupons for a product. How about you not break the law, why would I want coupons for your store when I don't want to go back there? Amusingly enough I had price issues at Wal-mart (I shop there because I am low class :( ) and Jo-Ann's, and they had no problem honoring their signage and product misplacement.


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