Submitted by Anonymous on Thu, 08/13/2009 - 10:19
Posted in
I was told that MA consumer law requires retailers to offer a rain check even if they advertise a limited quantity. I went to buy a video game console recently and when I found out they were all sold out the manager refused to give me a rain-check because they had advertised limited quantities. Can they do that?
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Editor's Response
Yes, they can do that. And, no, the store does not have to offer rain checks. The Code of Massachusetts Regulations (940 CMR 606) specifies that it is an unfair or deceptive practice for a seller "to offer any product for sale when the seller does not have the product in stock or readily available for sale in sufficient quantities to meet reasonably anticipated demand." However, subsection (2) of that regulation states that there is no unfair or deceptive act when:
(a) The seller clearly and conspicuously discloses in the advertisement all specific exceptions, limitations or restrictions regarding the stores, products or prices applicable to the advertised offer, and:
1. States the minimum quantity of the product available in each store; or
2. States that the quantity is limited and that no rainchecks will be provided, if that is the case.
Sorry about that.