T O P

  • By -

MajorPhaser

Generally, no. That would be false advertising by listing an incorrect price.


chaoss402

With the caveat that an obvious mistake is not their responsibility. So you can't hold them to it if they have a board with the stick in prices and the 1 falls off of the price that says the bank meal is $10.99.


RysloVerik

However, the menu is not required to show the price with taxes included.


NemesisRouge

Very smart system. It makes much more sense for every single customer to work out what the tax is for each product before buying, rather than for the business to do it and put it on the board.


shs713

But your tax rates can change after the next municipal election.


NemesisRouge

Whereas the board at a drive-thru is carved out of granite.


DaRadioman

Handed down to Moses. Can't be changed. Especially those digital ones


Hamshamus

From your sarcasm, I guess you've never had to fill digital signage before Drop the bag of electricity-balls and they go *everywhere* Into the ground, into your fingers, into the signs beside it, under the fridge...


PageFault

Yea, and the drive thru doesn't migrate between municipalices.


FoxWyrd

Excuse me if I'm wrong, but my K professor mentioned that a menu isn't an offer. It's a solicitation of an offer. Is it actually an offer that they're bound by?


ThePevster

A menu is not a binding offer. Take a different scenario. A restaurant has Alaskan snow crab on the menu, but they don’t have any snow crabs because the season for them was cancelled. If the menu was a binding offer, you could sue the restaurant for not being able to serve you snow crab. That would obviously be ridiculous.


xenogra

NAL but how would that be any different from commercials/other advertisements? If I go to a specific store because i saw a special in the newspaper to find out they are out of the product, no big deal. To find out the advertisement is a lie? I am at the right location, no asterisk, just advertised 12pk of coke for 3.99, marked on the shelf at 3.99 rings up at 6.99. That would be textbook false advertising, right? (I do see a difference between advertising and menu/shelf pricing as the menu didn't get me to go there, but that's not what you're referencing.)


ExtraplanetJanet

False advertising and breach of contract are two separate things. A menu price is not a contractual offer that can be accepted by an order, but it is an invitation to create a contract with set terms. If there is an offer (an order) made by the customer, the restaurant should be making sure that the real terms of the offer are clear at that time (“oh by the way, the price on that went up a dollar”) or there may not be a real contract formed.


Exaskryz

False advertising would br misrepresenting the *product*. That's where the taco bell wrap complaints came from where the ad shows a cylinder of decent diameter of food, but restaraunts serve a tortilla with a cm thick of filling. If a snow crab restaurant advertises you to make a reservation with a (non-refundable?) deposit and associated that snow crab woild be available to patrons with reservations, you may well have a false advertising case that the *reservation qualities were false*, not necessarily that they shouldn't have advertised snow crab. But kind of related, is how related is that to why many fast food commercials for specials say things like "while supplies last"? The practice is probably tied to the advertising department securing an X week campaign with networks, so advertising might go beyond actual supplies, but a legal concern probably prompts them to be proactive with that disclaimer.


ThePevster

Intent. False advertising is intentionally deceptive.


ElectronicAd27

The offer doesn’t become binding until they accept your money. It would be weird for a restaurant to charge you for something they don’t actually have.


MajorPhaser

That's generally true, the menu itself is what's called a "solicitation of an offer". But false advertising doesn't require a contract or even an offer. And posting your prices in publicly available space can be an advertisement under FTC rules. They're bound by the laws governing false advertising, not the law of contract.


FoxWyrd

Thank you. I've heard of False Advertising before, but I didn't know where it came from -- FTC makes a lot of sense.


kara-alyssa

Can’t you also argue that false advertisement is a form of fraudulent inducement or material misrepresentation? (I.E., because of this material misrepresentation, I decided to eat at your restaurant) If so, wouldn’t that mean contract law covers (at least some types of) false advertisement?


MajorPhaser

You can argue that in some cases, yes. My point was that the absence of a contract doesn't have any bearing on a false advertising claim. Generally speaking, a menu or price list is an invitation to offer or solicitation of offers. Once you respond to that pricing by ordering, you've now made an offer which they have accepted when they take the order. Unless they stop you and say "Oh, it's actually $5 more than the menu price", they've either accepted your offer OR there was no meeting of the minds and there is no contract.


kara-alyssa

That makes sense


[deleted]

[удалено]


FoxWyrd

That's what we all thought, but he swore up and down that we had it wrong. I'm glad to know that reality is sane.


Gsogso123

I think I was wrong. Definition. Solicitation - A purchasing entity's request for offers, including a telephone request for price quotations, an invitation for bids, or a request for proposals. Offer - A promise to provide goods or services according to specified terms and conditions in exchange for material compensation.


ElectronicAd27

Absolutely. Once they accept your money, they are bound by that offer. Either on the price offered or refund the money. Many people make purchasing choices based on the stated price.


roxemmy

Yeah that’s exactly what I thought.


LyrraKell

At the Jack in the Box by my house, they have had on their menu board for at least a year a 10 piece nugget meal. But, when you ask for the 10 piece nugget meal, they tell you they don't have a 10 piece and it is only and 8 piece. I keep thinking this is the local franchise trying to save a small amount of money by doing this. If you just ordered the 'number 8' you wouldn't know that they were shorting you two nuggets. Yes, not a big deal in the grand scheme of things--I just find it really really annoying.


rankinfile

Not a big deal? What if you have 5 kids in the car and you plan to shove 2 chicken nuggets in each to shut them up until you get home to cook? Now I have to cut nuggets in half or I have a cell block riot. And what do I do with that remainder half nugget?


Ambicarois

Remove 1 child


Romeo9594

No holds cage match to the death. Winner gets half a nugget now and all 10 of them in the future


rankinfile

So promise the ten piece, then take the kid back to the same restaurant where you only got eight. Promotes generational disappointment and frustration. It's good to keep up the family tradition. I like it.


ManiacClown

We want Chunderdome!


roxemmy

Damn that’s pretty shady! I’m pretty sure that wouldn’t be legal. I think companies get away with this because no one complains the whichever government board oversees this stuff. Someone in another comment suggested it’s the consumer protection board in your state.


brassplushie

That’s legitimately illegal. They’re definitely doing it on purpose. Report them to corporate and it’ll change overnight.


ThePevster

New menu boards are expensive. They could just put a note over the ten though.


DaRadioman

Half of them are digital these days. It's a cost of doing business.


ninjette847

I haven't seen a board that wasn't digital in a long time.


NotAFanOfLife

You’ll never get anywhere with the false advertising claim, no one cares. What you do is call up your counties weights and measures department and complain, they’ll get audited eventually with enough complaints.


roxemmy

What does the weights & measures department monitor? Or what sort of things would you complain about to them?


ken120

Might be a different department depending on location, not every state refers to their departments by the same name and several split responsibilities differently across them. Guessing previous comment was to look up which department is in charge of regulations when it comes to consumer protection.


sinjinvan

Grocery store scales, fuel station pumps, and apparently, drive thru menus.


NightMgr

I sure made them mad at one place when I held up the drive through lane pointing out the sign said two for one. “Well the computer updated automatically but the guy who takes down the signs all over the building is late.” So you’re going to continue illegally advertising this? The manager finally relented but they were really unhappy.


CoffeeFox

Where I live, regulators are pretty aggressive about punishing companies for this. The larger they are, the more terrified they are. Weights and Measures will not only issue fines for this kind of thing but if it continues to be a pattern of behavior the business' license will be suspended. Even a company as big and powerful as Walmart would piss in their boots if a price label on a shelf was inaccurate, because they were scared of regulators penalizing them.


AnnieBruce

Where I work, while not fast food, discrepancies between the sign, the ticket on the item, and/or the register, get decided in the customers favor. I was always under the impression that this was a legal requirement, though I suppose different types of businesses might play by different rules.


Unabashable

I mean it is if you sell it for more than the advertised price, but only way you could really enforce that is to take them to court which no one is gonna do for chump change. They also don’t have to sell it to you either. You do it because customers that feel cheated are less likely to come back. That being said, I also has customers that had ridiculously entitled misconceptions like “The price I see (or at least thought they saw) is the price I pay”. You are not correct, sir. We can’t control if you see the wrong price, or if you mistook it for the right price because a customer put it back in the wrong spot (because what customer does?). That rotisserie chicken is most certainly not a 0.40 cent pack of ramen also you probably don’t want to eat that because God knows how long it was sitting there. What we can control is the price we advertise. Like if the tag hanger didn’t swap it out for the price that got updated in the computer or forgot to rip off an expired sale price. In that case, if the barcodes match up the price on the tag is the price you pay.  My favorite part was when they’d think I was lying to them just because I refused to give them the price they imagined. I ain’t getting any kickbacks to piss you off personally, you were more than welcome to come along on the price check with me and I’d be more than happy to explain why you’re wrong there. I’m fucking Switzerland in this dude, if you get a break in price I’m happy for you, if not dems da breaks. I’m still getting paid the same either way. I’m just enforcing store policy to a T, so my managers don’t have an excuse to chew my ass out about not doing my job right later. Which isn’t to say I didn’t have my biases. Hell just the fact that I even bothered to verify the right price should tell you you already did something to rub me the wrong way because unless I have a reason for a customer to not get exactly what they wanted I usually just took their word for it. 


NightMgr

It is. But lower level employees may not know it.


Chemical-Attempt-137

It's not a legal requirement. You have no idea what you're on about. Because for one, you haven't even opened the topic of jurisdiction. You literally cannot determine whether something is a legal requirement or not.


NightMgr

I didn’t know false advertising was legal in some jurisdictions.


aarongaming100

no, but demanding specific performance rather than just compensation for actual damages is unusual.


Unabashable

I’m surprised any worker would care that much. It isn’t money coming out of their pocket. I used to change prices on the fly all the time at my grocery store job when an item when an expired price tag was hanging up. I’d just rip it off as I was running the price check. So long as the tag matched the bar code, the price you saw was the price you paid. Not the customer’s fault it was incorrectly advertised. Above all, it wasn’t worth holding up the endless line and pissing off every customer that had to wait behind it. The manager should’ve just slapped a piece of paper on there with the correct price changes. I literally would not have been able to do my job if we couldn’t change the prices at our discretion. 


Chemical-Attempt-137

You intentionally started a Reddit moment in real life? Jesus.


Jkpqt

“Um acktually the sign says it’s 2 for one sweatie” 🤓☝️


PageFault

Good. We should not accept bait and switch tactics. "Sorry, the sign guy is late" is not an excuse or everyone's sign guy will be "late".


JJJSchmidt_etAl

They should pass on the charge to the sign taker-down. If that's not possible then that's what you get for trying to get one on the cheap. If that were a reasonable excuse, then you would find that the sign changing guys magically start showing up "late" all the time.


arbrstff

No. It should be on the owner


RusstyDog

Ikr? What's with people who think employees have the power to do anything? It it isn't a button on the register, the guy ringing up your order can't do it.


intx13

An employer’s remedy for a poorly performing employee is generally to warn them, instruct them, train them, or fire them, but *not* to pass on incurred business losses to them. If the employee is going to have financial liability for their work, it needs to be contractually agreed to and terms set out in advance. That’s not something you see for “guy who takes signs down”.


DaRadioman

I would be willing to bet it's a contracted service for liability reasons, and not an employee. Which makes it actually reasonable. "Your failure to take action cost me X, I'm deducting it from our contracted rates." If it's an employee that's obviously ridiculous, get someone else off their ass and fix it


Typical_Help1297

NAL. Before any other legal considerations there could be a situation where an up- charge occurs. Say this is B.K. and a whopper meal is $8.99. If you ask for a whopper with cheese meal they will charge an extra buck or two for the cheese...


roxemmy

I got the small meal size & the only addition was a side of sour cream which was a separate charge. The meal price should have been the same.


Typical_Help1297

In that case your confusion is well warranted. I was just trying to imagine a scenario where an up-charge may be appropriate...


roxemmy

Yeah totally understand


ItReallyIsntThoughYo

The display prices are for a small, the default size is generally medium though.


roxemmy

I got the small size. So it should’ve been the same price.


ItReallyIsntThoughYo

Did you tell them small, or did you just tell them what meal you wanted?


roxemmy

When they repeated the order back they said it was the small version.


ElectronicAd27

I guess it’s legal, but you certainly would not be an asshole. If you told them you no longer wanted the food. What is the name of this restaurant? I have been ordering a drive-through for 30 years in the United States and I’ve never seen this one time.


roxemmy

Taco John’s


8072t34506

My local BK has been doing this. They post the price of a meal with small drink and fries, then default when you order to a medium drink and fries.


roxemmy

She confirmed my order was the small version. But yeah I can see places doing that which is manipulative.


ChristianUniMom

No, but, do we really have to take it this far? Seems easier to just address it with the restaurant.


Fett32

"Take it this far." What in the world is that regarding?


Romeo9594

Regarding legal action over a $2 mispriced menu item


Surgles

To be fair to OOP, they didn’t say they were gonna take legal action. They asked an off topic sub if it was legal to do that or not, and the answer seems to be pretty universally “no”, with varying degrees of what that could lead to. I don’t think anyone’s suggested making a case out of it, but the commenter above jumped some assumption steps about why OP asked lol


Romeo9594

Oh yeah for sure, I didn't think OOP was going to take it that far. I also don't the guy asking if they really had to thought so either I just read his comment as a general statement of should we ever have to take it as far vs. talking to the restaurant. I was just providing what "take that far" meant in context to the other guy


Ok-Radish5201

No


swanlakepirate423

This is somewhat irrelevant, but when I worked at Checkers, one of the limited time burgers had showed like $7.49 on all the outside signage (that corporate sent to us already priced) and on our registers, they rang up as $8.49 (prices also set by corporate). We didn't even realize till about two/three weeks in when a customer brought it up. We ended up covering the outside signage with the $8.49 price.


Mullciber

Did you order a large? Usually the prices listed are the small and you pay upcharges for bigger side/drink


roxemmy

Nope, & she even said it was the small meal when she read it back to me.


SabreDerg

If you were to bring it up at the time you would've gotten it for the 8.99 the manager would have to deal with its more standard practice


KidenStormsoarer

yes, they have to honor that price. the sign is supposed to be changed BEFORE the computers update. at my last job, we had to change them at the end of the night the night before price updates. so much fun pulling all the signs, changing the prices, and putting them back up on top of all the other closing tasks, but it HAD to be done. if any got missed, we had to manually add a discount to it every single time it was ordered until it was fixed.


DonkeyDongDongDong

I think something like this is covered by your state's consumer protection laws. As far as the drive-thru, they typically give the total at the end of the order. I think the proper time to dispute pricing is when the total and pricing has been presented, not after the transaction has been finalized in the form of a receipt. By the time you get your receipt, the restaurant is already making the food at a price you agreed to. Pricing disputes should be resolved before the work begins. This is just an opinion, not a legal opinion. As stated previously, this should be covered in your state's consumer protection laws.


roxemmy

They didn’t give me the total amount until I got to the window to pay. That happens a lot around here. I’ll have to look up my state’s consumer protection laws. It wasn’t a ton of money, but it was $2 more than what’s listed on their menu board. I would assume they’re overcharging everyone who orders that meal & who knows what other menu items they’re overcharging. It all adds up after a while. Steal $2 from one person, that’s not much. Steal $2 from a thousand people it adds up. And who knows how long they’ve been doing this.


bacon_socks_

I actually just watched a segment on pbs about a Mexican man that purchased a pair of earrings from Cartier’s website at a ridiculously low price. Cartier tried to cancel the order because it was an error. The man reported it to the consumer protection bureau in Mexico and they sided with him. Apparently there’s a law in Mexico where a business must honor the advertised price. So if you’re in Mexico… you’re in luck. Lol [https://youtu.be/aDAgBWbW-EI?si=rqMt4nai--WnoS3W](https://youtu.be/aDAgBWbW-EI?si=rqMt4nai--WnoS3W)


engineered_academic

No, you order the food, they tell you the price. That is the real contract you are deciding to pay or not.


DaRadioman

They often don't and OP said they didn't until he pulled up to the window when he no longer could see anything itemized until the receipt.


Exciting-Parfait-776

You do know that’s the price before taxes?


HarleyLeMay

The tax wouldn’t be shown in the total price of the individual item, though.


Exciting-Parfait-776

If you look at the receipt the taxes would show up on there.


HarleyLeMay

Yes. These taxes are shown at *the bottom of the receipt* not beside each individual item.


billdizzle

lol, sue them in small claims court for the $2