*NEWS* Customer sues Wal-Mart over 2 cents

October 12, 2011

This story actually made me laugh… Now I am not the biggest fans of Walmart right now ( many of you know why…) but I am not going to be suing them and honestly I do not think this women should of either. I know it really is not about the “two cents” but my “two cents” is one’s time is more valuable then to waste it trying to make a point.

Here is the story:

Mary Bach bought a package of Banquet Brown ‘N Serve sausage labeled 98 cents at the freezer case. But it rang up for 2 cents more. When she pointed out the discrepancy, the cashier gave her the lower price. Six days later, it happened again. Murrysville District Judge Charles Conway sided with Bach in her civil lawsuit alleging unfair trade practices. He awarded Bach $100 in damages, plus about $80 in court costs.

The retail behemoth argued that Banquet had just changed the package and the UPC, so the old ones were ringing up for 98 cents and the new packages cost a buck. Both the old and new were still being sold by the store.

Wal-Mart also argued that Bach was just looking for another excuse to sue the Delmont, Pa., store. She’s sued that Pittsburgh area store four times before over similar allegations.  She has also successfully sued Kmart. She sounds like a lovely person right?

 

What do you think? I might being a little harsh on her – but I really do not like drama like that. I would love your take on it :)

 

 

Thanks! MSN

 

{ 45 comments… read them below or add one }

chantelle moore October 12, 2011 at 4:07 pm

can you say psychoooooo!!!

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felicia horton October 12, 2011 at 4:07 pm

This is the funniest thing I have ever heard. Damn if you could sue walmart for two cents, then I guess I could of sued for a product that was originally 89.99 but had a clearence sticker for 12 and was told that wasn’t right. I had to pay 89.99 for it.

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Stephanie S. October 12, 2011 at 4:08 pm

I think that’s just pathetic! I mean, if everyone sued every time something rang up wrong, murderers would be walking free due to the court having no time to get to REAL cases!!! >.<

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Shelly October 12, 2011 at 4:08 pm

Really it was 2 cents; the waste of time and money to sue and people wonder why prices keep going up!! It’s because of people like her that are so fast to sue over any little thing!!! Get real!!!!

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angel October 12, 2011 at 4:09 pm

thats really stupid but hey she made a buck

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Jackquelyn Wallace October 12, 2011 at 4:09 pm

It’s not like they didn’t give it to her for the lower price. Even if the didn’t…it is 2 cents. What the heck. She needs a real job….not just frauding companies.

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Amethyst Moon October 12, 2011 at 4:10 pm

People like her are what drive the prices up for the rest of us. They corrected the price at the register, that should be enough. And, $100 in damages?! what damages?! I can’t believe the courts continue to side with her. I really don’t like the way everyone has become so sue happy.

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Nicole Davila-Fye October 12, 2011 at 4:10 pm

People are frivolous anymore and are just looking for a way to make a quick buck by doing nothing. Granted WalMart is probably making out in a huge way by doing this, I mean 2 cents times the thousands of people who buy these products daily can really add up. I noticed the same thing on my receipt the other day. My normal 1.25 bottle of Coke came up as 1.28. (accident, I think not) I think WalMart being the big business the are, are just trying to scam people out of money. Because really, who is NORMALLY going to return to the store and throw a big hub bub about 2-3 cents??

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tracy voit October 12, 2011 at 4:11 pm

I have never been a fan of WALLY WORLD i shop there only for the really cheap deals. I believe accidents happen with bar codes and UPC’s and all. But this lady needs to be told no if she has successfully sued 4 times already she know she can get away with being silly. Does she not know that the court costs rolls down to the customers they have to balace it some where. And in her defense you would think if they know shw is going to have problems with them someone would be on top of there price changes and relables.

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Kelly Ryan October 12, 2011 at 4:14 pm

she NEEDS to get a life & focus her energy on something else.. like maybe try to do some good to the world! just sayin.

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Theresa Coultas October 12, 2011 at 4:14 pm

I don’t think I would personally but I like what this woman did to walmart. Just consider this, over 20 million people visit their stores daily, if they give the wrong price (example: 5 items $.02 difference = $.10 per customer) So if walmart does this on every customer’s transaction .10-.50 per receipt. That’s a almost $ 9.5 million dollars extra for the company DAILY. And all they had to do was play us from not being intelligent enough to stop it.

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Brandi Sweaton October 12, 2011 at 4:37 pm

I agree with what you are saying, this is wrong of Wal-Mart, if they knew about the error, they needed to fix it. But to bring a lawsuit against Wal-Mart is only going to hurt the consumer more in the long run. They continue to pay for frivilous lawsuits and the prices of products will have to rise. This is a lose-lose situation in my opinion. Not sure how it needed to be handled so that the next person didn’t pay exta, but this just wasn’t the right way. The lady got her money and to sue over it is just plain ridiculous – the fact she got money over it, just frankly, irritates me.

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Katherine Salazar June 7, 2012 at 3:58 pm

…. by the way… that lady only got $100. I can promise you that was not $100 profit. By the time she spent gas money going back and for to court and lawyer’s office, that $100 would be gone. I really think she only got her two cents back. Court cases get continued and go on forever. She gained nothing but principle. The $100 was just a repayment for all the money she spent to get her point across. And $80 court costs?! You know she spent way more than that!!! This woman made absolutely no profit from this case.

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Jennifer H. October 12, 2011 at 4:14 pm

She is ridiculous! As long as the cashier changed the price without giving her any gruff, she really doesn’t have anything to complain about. It sounds like the whole lawsuit was a huge waste of time and should have been thrown out, if possible. It’s people like her who make it harder for the rest of us to shop.

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Kelly B October 12, 2011 at 4:15 pm

I can say this is pathetic and the reason our world is the way it is today… I blame the lawyers and judges for even ruling on such a rediculous case…. And the people wonder why the kids today are they way they are… People need to take a good look around… I could vent forever but for now I am done.. LOL

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Angie October 12, 2011 at 4:17 pm

Our company sells to other businesses and the retail customer who walk in to our showroom (we sell foodservice equipment/supplies) I understand how difficult it can be to keep up with pricing on the shelves and in the computer. You get so involved with all our other duties that sometimes those things get missed. Even if a cashier was told about the mistake, unless it gets dealt with right then, it gets forgot. People are human and those that don’t understand have obviously never been in that type of position.

I think this lady is jut out to sue people and she is part of the problem with our sue happy country wasting valuable court time for something so stupid.

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Mary October 12, 2011 at 4:17 pm

Well I am not a big proponent of frivilous lawsuits, but on the other hand imagine how many people don’t pay attention to prices at stores and are charged extra. You start adding that up and these conglomerates make quite a killing, considering most take their cost, double or triple it and then if they can add on some extra pennies here and there, and voila 3.6 billion dollar profit like Walmart made last year! As my husband points out, so few stand up to what they feel is wrong, so it keeps happening. Those 4 cents got her $100!

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carrir October 12, 2011 at 4:17 pm

Now we know why there employee are so rude, they have to put up with people like that….

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Beth Bird October 12, 2011 at 4:19 pm

I think she is messing it up for the rest of us. Due to her stupid suing over something that was corrected BEFORE the case, Wal-Mart will raise prices to cover their lawyers and pay-outs on dumb cases like this. Court junkies are jerks! Is her lawyer her husband?

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sheri cost October 12, 2011 at 4:20 pm

She is alittle strange to say the least. Sound like she does it alot. Wasting the courts time as far as I can see.

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Tandi L. October 12, 2011 at 4:20 pm

Can this lady really find nothing better to do with her time? There are much more important things going on in the world then worring about Walmart charging you an extra $.30 in tax. At least you are able to use coupons. If people keep all the crap up stores might stop taking coupons all together.

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stephanie king October 12, 2011 at 4:20 pm

I agree not good to do but at the same time you would think that the stores would double check and make sure things were labeled if she had sued before!! I say way to go for her!

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Linda Vera October 12, 2011 at 4:24 pm

I say she is really looking for ANY way to make a buck. Poor Soul, thats pathetic, get a job.

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Dianne October 12, 2011 at 4:25 pm

It is not worth the hassle over 2 cents. Really, it isn’t. I understand principle and all but I agree with you, Diva, it is not worth the time. And not too mention the money invested for just 2 cents. She will develop a reputation for herself that stores won’t like and probably not some people either. If she is liable to sue over 2 cents, what else might she sue over? Whew….

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Mickey Stroup October 12, 2011 at 4:25 pm

The cost of litigation’s like this woman’s and many others like her cost all consumers much more in price increases than her selfish act gained for both herself and her attorney. Individually we each must take the time to choke up check-out lanes to get the right price for an item. Wal-Mart makes money on not only on the amount of turns a product is restocked on a shelf but on the number of customers it can get through a check-out. If we all were to start clogging up their system they will respond with getting it right. For them it is a matter of fixing a computer code. As a consumer my power comes in the form of my time and my money.

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Sharon Briscoe October 12, 2011 at 4:39 pm

She should be applauded for providing consumer advocacy for all of us. Big chains like these steal from their customers a penny here a penny there and the total adds up to millions. I audited a grocery store chain that was charging an additional 1/2 cent in sales tax deliberately knowing that the customers would not catch it and they raked in millions doing so. It was so rampant that the state finally changed the law requiring the retailers to turn that excess over to the State. This kind of “mistake” is common and they know that most consumers would not return to the store for a few cents. You all owe her a vote of thanks – she’s looking out for all of us. I for one, am tired of everyone having a hand in my pockets. You should be too!

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Renea Hawk October 12, 2011 at 4:40 pm

Posted this on your facebook page, but in case it gets lost in the sea of comments: Here’s some more background info on her: She’s 67 years old, and she’s on the AARP Pennsylvania’s Executive Council. Here’s a great article on her: http://www.post-gazette.com/localnews/20031208newsmaker1208p5.asp So you can she who she is before you cast judgement.

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katrina October 12, 2011 at 6:04 pm

Thank you Renea for the link. She sounds like a wonderful woman who is just trying to help the ‘little people’ not get stepped on by Corporate America.

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katie October 12, 2011 at 4:43 pm

i think she’s just trying to help us all out in our future shopping trips! If she continues to do this to the same companies, maybe they will keep a better eye out and we won’t get over-charged!! :) To each is own and I don’t think she deserves anything bad said about her, she didn’t hurt anybody did she??

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Heather October 12, 2011 at 4:54 pm

I think she is right. Just think. How many packages of that sausage (or the other items she’s sued over before) were sold at just that store alone that WEREN’T caught by the customer. Then add up all the packages that were sold at ALL the stores across the country. That 2 cents quickly turns in to thousands of dollars. She could have pushed the suit into a class action (given that this store has been caught before) but she didn’t. She is just an AWARE CONSUMER and is trying to help out her fellow shoppers.
Now go think about how many times you may have been taken for 2 cents.

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melody h October 12, 2011 at 4:55 pm

I really dislike these types of lawsuits. It hurts the consumer and the stores by raising prices and such! The cashier gave her the lower price so what was the problem?? boooo! I hate when people sue for a living!!

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Eileen @QponPrincess October 12, 2011 at 5:07 pm

in theory she is right, they should charge appropriately as advertised, and it shouldnt be up to the customer to know they are being overcharged, and once it is shown to them that it was rung up wrong it should be corrected, but that is an ideal expectation and were not in an utopia, people make mistakes. Do I think they are intentionally overcharging people by 2 cents, probablt not, i think they overcharge plenty legally (and when I say “they” I mean stores in general, and the manufacturers etc…) so theres no need to take 2 cents…but I get it, in THEORY it s wrong…should she be making money by suing repeatedly NO, I think any amount over the 2 cents she was owed and legal fees, is paying her for clogging up the judicial system with frivolous lawsuits…imho

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Laura October 12, 2011 at 5:17 pm

I don’t understand the ‘damages’. I can understand had they flat out refused to mark the price down but they didn’t – she got her way. Geesh.

The only thing that I agree with is Wal-Mart advertising for a lower price, even though they knew that they had some for the lower price. They should have made new price tags and put it for a flat $1.00 because this way, when someone does get the cheaper ones then they will feel good and happy that they were able to save two cents.

This woman just took it to extreme measures.

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Robin Sebeck October 12, 2011 at 5:33 pm

I’m actually not sure what to think is right in this situation. I really think suing over 2 cents is overboard but at the same time things won’t change if someone doesn’t do something about this. I bought slim jims at our Walmart store three times in a month & they rang up wrong everytime. I pointed this out to the cashier, then Customer Service, the manager and the last time to the girl actually filling the shelf. Everytime I told them it was still wrong they just passed the blame. I work at a grocery store & agree you can forget to tell someone but they have the same computer system we do and there is a feature to enable that has you scan the item, put in the price manually & at the end of the transaction a slip prints & you write in the product name. That would help a lot for price changes….

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Holly Thomas October 12, 2011 at 5:38 pm

She should have been banned from the store over the previous lawsuits!!

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LILA DAVIDSON October 12, 2011 at 5:45 pm

Personally I think the judge should have fined her for wasting the courts time with petty shit.

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Kimberly Attridge October 12, 2011 at 6:30 pm

It is our personal conviction not to sue anyone, period. This is the kind of suit that wrecks it for all -Case in point, my son is waiting to get an internship at a computer repair place, but can’t because the owner is afraid he’ll get hurt and sue them. (How? “Well, he might slip and fall.”) So he’s running it through a lawyer first. This is added to the costs at the store. It affects us everywhere!!!!

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Amy St Louis October 12, 2011 at 6:31 pm

Good God, please tell me you’re kidding! Does this woman have nothing better to do with her time??? She really needs to get a life. This is…just…wow…. I honestly do not know what to say about that lady except that she needs to get over herself and deal with it lol …..And that I’d love to be her lawyer racking up huge fees lmao

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loves to dive October 12, 2011 at 8:02 pm

As a bookkeeper I know that every 2 cents can add up, however, as the mother of a manager of grocery store I say shame on her. The chasier changed the price in both cases. Yes, she is a consumer advocate but the courts should have thrown the case out when it crossed the desk. No she didn’t make any money, but think of the time and money spent to take the case to court. We are a litigious society and it needs to stop, you have worry about being sued about everything now. We actually had someone attend a party at our home once, trip over his own two feet in our driveway and wanted to sue us because there was a crack in the concrete. Mind you, it was a crack, not a hole, not raised, not big enough to get a fingernail caught in much less trip over. Shame on society.

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Aleasa Oren October 12, 2011 at 8:38 pm

Although yes it may only be 2 cents, but it is definitely not the point. I have always let it go but Wal-mart especially I have noticed a price being for example 97 cents or $ amount and 9_ cents and has rang up for the upper even $ amount. I do think it is wrong and I think places like Wal-mart do it on purpose. Only a few pennies to each of us, but adds up to big bucks for them in the long run. So just because its only a few pennies to each of us does that make it ok for any business to manipulate their customers? I don’t think so and what the lady did may seem extreme, but a problem will only stop if someone stands up and does something about it! It was not just a one times oops, it happened several times to her and I know it has happened several times to me. I personally don’t think she was in the wrong and support her for standing up for herself and all of us as customers to these stores.

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Kristy October 13, 2011 at 8:05 am

Its about time someone put walmart in their place. False advertising, even if its only 2 cents is illegal. Walmart has become a huge lazy corporation.
Sam Walton would be turning in his grave at what walmart has become.
Its about time someone stood up to corportate america! Good JOB! It wasn’t a matter of cents.

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Katherine October 14, 2011 at 12:02 am

And people think us couponers are bad. This woman must have a sad and pathetic life to be trying to get attention like this. The court system needs to wake up and realize she’s a crook! One day she will really stand in front of the real judge and it will be too late for her.

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baby98blue October 15, 2011 at 3:42 am

I wouldnt have wasted time or effort over them, but unfortunately thats what the big corporations expect you to do. If every item you bought rang up for two cents more and on average you bought 50 items, times the thousands of people that shop at any given walmart in any given day, imagine how much money they would be making off your “two cents”.

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emily g June 7, 2012 at 3:48 pm

While I agree that suing over 2 cents is absolutely ridiculous, I also think that walmart does participate in unfair business practices and should be called out on them. I read this before and though that woman must have a lot of extra time and money to blow to keep going to court (who has money for multiple trips? What if she DIDN’T win??) but I also imagined that if walmart did this on every single item, or even half of the items they sell to everyone, everyday …. They would lining their pockets with more free money that we struggle to keep and work damn hard for. There is a grocery store in my town (huge affiliate store) that somehow manages to wrangle an extra dollar or so out of me every week I shop there (wrong price, extra charge, BS fee, what have you) so I always make sure to hit up the service desk. Am I going to sue them? Nope. If it bothered me that much, I would stop shopping there.

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Katherine Salazar June 7, 2012 at 3:53 pm

So, do you think that the banquet meal was the only item in the whole entire store wrongly priced? Of course not. So if 100 items are wrongly priced that’s $2 times how many people walk in the door every day…. times 365 days a year. That’s quite a supposed “unintentional profit”. If someone steals from walmart and they get caught, walmart expects to get the item back AND prosecute the offender, right? I think this lady made a pretty dam good point. I can see the pettyness of one item – but on the larger scale, wow what a rip off and thanks to people like her walmart has to take measures to be more careful about over pricing. So for all the other people who overpaid – I guess you get nothing… and I promise you, we have all overpaid multiple times and just didn’t realize it.

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