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Can a seller satisfy the obligation to provide a refund and bonus for scanner overcharges by giving the consumer a gift certificate?

April 26, 2017Bonus consumer giving obligation overcharges refund satisfy scanner seller

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Can a seller satisfy the obligation to provide a refund and bonus for scanner overcharges by giving the consumer a gift certificate?

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No. The Item Pricing Act requires that when a consumer is charged more than the marked price, the seller may avoid a lawsuit by tendering to the buyer an amount equal to the difference between the price stamped or affixed and the price charged, plus an amount equal to ten times that difference with a minimum of $1.00 and a maximum of $5.00. MCL 445.360a(2).