New Hartford, NY asked in Consumer Law for New York

Q: Is there a law that protects consumers against retailers charging full price for sale priced items at the register?

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1 Lawyer Answer
Matthew Parham
Matthew Parham
  • Consumer Law Lawyer
  • Buffalo, NY
  • Licensed in New York

A: That's a so-called "bait and switch." It violates the New York False Advertising laws, General Business Law 350 and 350-a. It also may violate the Unlawful Selling Practices law, General Business Law 396, if it was intentional, though only the Attorney General can sue under that law. New York City also has a Truth in Pricing Law, NYC Admin. Code, Ch. 5, Subch. 2, though I don't know if you can sue under it or if it can only be enforced by the City Department of Consumer Affairs. Other municipalities may have similar ordinances.

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