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Aeropostale's False Advertising
by Deanna D. written to Aeropostale, Inc.
Posted Fri February 1, 2008 12:00 pm
Write a Letter to this Company

I brought my daughter into your store (#00396-Register 001) at Easton in Columbus on January 26, 2008. There was a table with short sweat pants and matching sweatshirts on them with a sign that said "Pants and Sweatshirt $19.99." My daughter wanted two sets which I had no problem with, at the time thinking that each "set" of pants and shirt would be $19.99. It was very clear to me (and my daughter) that the sale was for the "set", NOT $19.99 per single item.

Obviously upon reaching the counter and being wrung up, imagine my shock when she said "That will be $85.36 Sir." I have 3 people lined up behind me, my daughter standing next to me and I'm point to the sign which again clearly advertised it as if it were $19.99 a set. Too embarrassed to quibble in front of my daughter and on-lookers I paid the money and left your store.

I absolutely can't believe that you promote that type of advertising unless you do it based on the premise that some poor schmuck like me is going to come along and get caught. I certainly don't have the heart to make my 12 year old daughter take back a set of sweatpants she had her heart set on and try to explain to her that "they overcharged us, we don't want to spend that kind of money, etc.", would you? My daughter loves your store. I would love some type of restitution for the false advertising, whether it be a refund of this overcharge or some type of hefty coupon to use in your store. My daughter likes your clothing line but I for one am not sure we'll be going back anytime soon. I would be happy to provide the reciept for these items to you should the need arise.


Reply



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by ~Fiƒi-la-ƒlea~ Posted Mon February 4, 2008 @ 6:53 PM

If you want a refund like your letter suggests, just bring all or some
of the items back with the receipt you still have and bring your
daughter along to show her that it is ok to do this. Because it is.

Reply
by Steve-Oh Posted Mon February 4, 2008 @ 5:22 PM

and you don't read the signs correctly again, will you demand another
coupon?

Reply

by Becks Posted Mon February 4, 2008 @ 3:10 PM

I find that type of signeage misleading too...although I'm sure plenty
of people here will argue with you.

That said, I do think that as a parent, you could have shown some
spine and said to the cashier, "Oh my mistake. I assumed that
$19.99 was for the set. In that case, I'll put these back."

Nothing wrong with owning up to a mistake and letting your daughter
see that you have the fortitude to say where and when your money will
be spent.I think it would have been a good lesson for her.

You say you didn't have 'the heart' to disappoint her. That's too bad,
because really, letting kids see how the world operates and how to
gracefully handle disappointment is part of your job as a parent. So
maybe next time don't back down.


Reply


by MA Cunningham Posted Mon February 4, 2008 @ 1:21 PM

they didnt advertise them as a set, you ASSUMED they were sold as a
set. That it not false advertising.

As Holly pointed out, when they are offering them together, they price
accordingly on the signage (2 for $X) but in this case, it said
$19.99.

The fact that you opted to pay and walk out of the store with the
merchandise indicates that you either a) realized that you presumed
incorrectly and didnt want to embarass yourself further, or b) It
wasnt a big enough issue to speak up about it and notify the manager.
If it's me and I truly believe the pricing is wrong, I'm going to
speak up right then and there! My money is too hard earned to blow on
a misunderstanding.

But to write a letter like this after the fact demanding
"restitution" is a little suspect.

Reply
by Holly M Posted Mon February 4, 2008 @ 3:05 AM

I shop at Aeropostale a lot, and I am also a former manager for the
company so I'm familiar with the signage for the stores. There are
signs for just sweatshirts, and there are signs for just pants.
Usually on their signs, the front will say 'Sweatshirts' and the
price, and then the back will say 'Pants' and the price. There are not
signs for both, nor does Aero sell the sweatshirts/pants as a set.
They do occasionally run items 2 for $25/30/35 etc, and if the items
are both 2 for whatever amount, you can get them as a set then.

Next time, just ask if theres a question on pricing. Or if the
associate rings you up and you think the price is wrong, say
something. Don't just go ahead and buy the stuff, then complain about
it later. They didn't force you to buy both of the outfits, you made
that decision on your own.

Reply

by Cee Dub Posted Sun February 3, 2008 @ 7:22 PM

Why didn't you confirm it with the sales associate first?

Reply


by donno Posted Sat February 2, 2008 @ 10:37 PM

"the sign which again clearly advertised it as if it were $19.99
a set."

IT DIDN'T ADVERTISE THEM AS A SET.

"I would be happy to provide the reciept for these items to you
should the need arise.

FIRST OF ALL, IT IS "I BEFORE E EXCEPT AFTER C," SO THE WORD
IS "RECEIPT". SECOND, TAKE THE RECEIPT BACK WITH THE
OVERPRICED JUNK YOU BOUGHT AND GET YOUR MONEY BACK.

There are no coupons or free stuff for not being smart enough to
return these items on the spot. If you aren't happy with the price,
don't complain. Just return them. This isn't false advertising.


Reply

by Nate269 Posted Sat February 2, 2008 @ 9:23 PM

Did the sign say Pants and Sweatshirts or Pants and Sweatshirt.

If it were Pants and Sweatshirts, you have no reason to receive a
coupon or even a reply.

But if the sign said "PANTS AND SWEATSHIRT $19.99" it sounds
like a set, but you don't deserve a hefty coupon because you
misunderstood them.

They know what their sign said. You may have read it wrong.

Reply

by dulynoted Posted Sat February 2, 2008 @ 9:12 PM

First off you are not a schmuck...you are a dad who took his daughter
shopping and wanted to buy her the sweats she wanted.
And while I agree that the signs could have been more explicit they
were not but its not false advertising by any means.

And no matter what you or your daughter feel, never ever be afraid to
question a price if you think its not right. Teach her to be a savy
shopper who asks for what she wants and she will learn to speak up and
not let anyone take advantage of her.

Reply

by Keith C Posted Sat February 2, 2008 @ 7:35 PM

I just read Nicole's excellent post. She presented the same point I
did, in a much better way. The only thing that I would suggest though,
is using the word "OR" instead of "AND". Even in
Nicole's suggested revision, she slips in using "AND"
("I would have done this: "$19.99: individual tops and
bottoms."). This isn't a matter of some obscure boolean logic,
but rather a matter of how people think and interpret language.

Reply

using "or" by Nicole F Sat February 2, 2008 @ 11:02 PM


If it said "or" by calm Sun February 3, 2008 @ 7:38 AM
by Keith C Posted Sat February 2, 2008 @ 7:30 PM

While I have concerns with how Deanna handled this (I agree that it
sets a bad example for her daughter), in a strictly boolean sense, the
sign was indeed misleading. It may arguably be "open to
interpretation", for the simple reason that it follows *somewhat
accepted* grammatic conventions, rather than a strict boolean
interpretation--but the onus should be on the retailer to not post
signage that is "open to interpretation".

It's an unfortunate reality that we have to be vigilant in
double-checking prices (for example, I often find merchandise
misplaced or mismarked). That reality is only compounded when we
blindly accept and even defend retailers' sloppy merchandising and
signage.

Reply

by RedheadwGlasses Posted Sat February 2, 2008 @ 6:24 PM

Embarrassed to clarify a misunderstanding over price? That's a rather
illogical reaction. I mean, you'd rather teach your daughter to pay
more for something then she expected to pay, rather than teach her to
speak up? Where's the sense in that?

The sign seems clear to me. If they were sets, the sign would say so.


You absolutely deserve no restitution whatsoever.

Reply

by Nicole F Posted Sat February 2, 2008 @ 5:51 PM

One of my many jobs with my company is to create and put up signs. We
have an unwritten policy to "stupid proof" our signs. (I
know that sounds cruel; but that's just what we call it.) Meaning, if
a sign is vague and it comes down from corporate in the system like
that, we chuck it out and create our own. One of the things I've
learned is you absolutely have to make sure that there is no question
as to what the sign means.

This is one of those cases where someone didn't make a good, specific
sign. If I was the store signer for that store, I would have made two
signs: one for the pants and one for the shirts. Or I would have done
this: "$19.99: individual tops and bottoms." Something like
that. If it was for a set, then we would say it was for a set.

If I was you, I would have asked for clarfication of the sign. Do it
politely. Sometimes associates just slap up signs without really
taking the time to look at them. Or someone might think the sign is
specific enough, but it really isn't. This is a way that those
marketing associates can learn how to better do their job.

You could have politely pointed out that the sign is vague and you
assumed (though you really shouldn't) that it was for sets. Perhaps
the manager would have given you a discount, though forty dollars off
is a hefty discount to take. I would have offered to give you one
"set" for 19.99 and made you pay for the other two items at
the correct price. The reason I think the manager shouldn't give you
the price you wanted is because technically the sign IS correct. If
the sign was wrong, then yeah, you should get what is says. But this
is simply a case of vague signage.

Good luck.

Reply

by Sunflower Sarah Posted Sat February 2, 2008 @ 4:16 PM

No signs in any retail store is ever clear. But from the minute I read
your letter I knew that they were $19.99 each.

Reply

by BellaSera Posted Sat February 2, 2008 @ 2:47 PM

You had me on your side at first. As a former retail employee (but not
of Aeropostale), I firmly believe sale signs should be as clear as
possible, so consumers don't make the same mistake you did of assuming
something is a certain price when it's not.

However, you lost me at the request for a "hefty coupon."
While I understand your reasons for just accepting the price, it was
still your choice to do so. No, I certainly wouldn't want to explain
to my child that we don't have the money to spend on something they
want, but sometimes the job of being a parent is not an easy one.



Reply

by Angelic Princess:) Posted Sat February 2, 2008 @ 12:10 PM

I don't think the sign was misleading at all. If I saw it, I would
have though that both the pants and shirt were both $19.99, not $19.99
together. You ASSUMED it was for the set. That is a big retail no-no.
NEVER assume.

Reply

by PsychoSekc Posted Sat February 2, 2008 @ 9:37 AM

Ok, I can understand thinking that a set of sweatpants and a
sweatshirt was $19.99 if the sign said "sweatpants AND
sweatshirt" but what I can't understand is that you didn't say
anything when being rung up and paid way more than intended for fear
of embarrassment. Why would you be embarrassed by that? Money is money
and if the sign said one thing and you were being charged another, you
had every right to question the price. If the price wasn't what you
wanted to pay, that's when you should've altered your transaction
where you either put some things back or don't buy anything at all.

And if you don't have the heart to tell your daughter that money
doesn't grow on trees and that she can't have everything she wants,
that's no one's fault but your own. I am a mother and I'm not filthy
rich. If my son had his way, he'd wear every designer brand out there,
own every game system made under the sun and would like an Escalade to
cruise around in. Unfortunately for him, I can't afford everything and
he has learned that we have to live within our means and that means we
can't get everything we want.

To make a long story short, the time to say something was when you
were making the purchase. You didn't and you purchased the clothing.
You agreed to the price when you paid for it and I don't think you
deserve a hefty coupon. If you want a refund, return some of the
clothing.

Reply

by Harleycat Posted Sat February 2, 2008 @ 8:40 AM

I agree with the others, I would never have assumed based on the sign
that they were $19.99 a set. If I wasn't sure, I would have checked.

When I shop with my 13 yr old, she knows that we check the price no
matter what rack she got it from or what the sign says. She knows
that things get put on the wrong rack and knows that if it's full
price, we're not buying it.

Reply

by franese Posted Sat February 2, 2008 @ 1:36 AM

Deanna, I don't understand why you wouldn't say that you thought it
was $19.99...even if you were wrong, it wouldn't have been a big
deal.

And your daughter needs to know the value of money. I can see you
care for her and didn't want to disappoint her because her heart was
set on it, but there's nothing wrong with saying "sorry it's just
too much money". I'm sure she would have gotten over it.

Reply
by Evil N Posted Fri February 1, 2008 @ 11:32 PM

Sounds like this sign could have been taken either way. I wouldn't
consider it false advertising though - that would be the case if they
clearly stated Pants and Sweatshirt both for $19.99. In this case
they were simply stating Pants and Sweatshirt $19.99. It never said
BOTH for that. They were simply stating the price was the same for
each. There are always people who twist things to try to get a deal.
I'm sure if it wasn't that, it would have been something else.

Reply

by olie Posted Fri February 1, 2008 @ 9:44 PM

Did you also check the price tags attached to each piece? Those would
help to clear up the price. There might have been a really good sale,
but a quick check of the price tags would have aroused suspicion that
this was too good of a deal.

The website indicates that the fleece hoodies and capris are $19.99
each. I clicked on "Fleece Sets", but each piece was
clearly a item.

The main lesson you taught your daughter is that it's better to be
quiet and be overcharged than to politely point out the discrepancy.
You showed her that it's more important to avoid embarrassment than to
be charged more than you expected.

I have said, in front of my teens and other customers, "Are you
sure that's right? Oh, I thought those were on sale." I have
made a split decision to either pay or ask for the item(s) to be
removed.

It's also not hard to pay, then turn right around and get back in line
to return the item or speak to a manager.

Your 12-year-old "loves" the store and "likes" the
clothing. It seems to me that you have dealt with Aeropostale before,
and you would be wise to how they set up their stores. New, seasonal
items are in front on attractive displays. Same with staples like
jeans.
This is where you go to find the hot new looks for the upcoming
season. (Then, as a smart shopper, you go to Kohl's or Target and
purchase similar styles for less.)

The clearance items, which can often be worn year-round, are on the
side walls in the back. My 13-YO daughter knows that if we're buying
something with an Aero label, it will be from the clearance area. In
fact, I ran your scenario past her. She came up with the same answers
I did.

If you still have the tags on the items, you can easily take them
back. You still have the receipt. It's probably too cold in Columbus
to wear the sweat pants right now anyway. Teach your daughter how to
be a careful shopper.

Also, a small quibble: Your letter is sent by "Deanna", yet
you claim that the cashier called you "Sir", and you refer
to yourself as a "schmuck". To me, "schmuck"
indicates a male, not a female. (But my Yiddish is pretty
non-existent.) Are you Dad or Mom?

Reply


I was wondering the same thing by ♥Venice♥ Sat February 2, 2008 @ 6:24 AM


dad used mom's account n/t by Nate269 Sat February 2, 2008 @ 3:40 PM


by Casmly Posted Fri February 1, 2008 @ 8:42 PM

I guess I can see how you assumed that the items were being sold as a
set, however, I would personally have questioned this myself. Partly
because of the prices at this store, and partly because it didn't
clearly state on the sign, "$19.99 a set" or some other such
statement. My daughter is 7, and she knows about money and value. I
tell her when we are at the store why I am buying one brand over the
other. When she asks how much something costs, I tell her and let her
know whether that's a good deal or that's expensive. You did your
daughter no justice by allowing her to see you purchase her 2 $40
sweat suits. I would have told my 7 year old that unfortunately the
sign was misleading and we'll have to keep looking for other suitable
outfits. When she's a teen and gets her first job and knows how to
budget, it will have all been worth it. I really think we as a
society need to stop coddling and sheltering our children from
disappointment. What happens when they go out in to the world by
themselves and expect everything to be handed to them? No, I'm sorry,
I don't believe there should be any compensation in this case.
Honestly, if it's still possible, I would sit the 12 year old down and
explain the situation. Tell her you feel you spent too much on the
outfits and need to take one or both back.

Reply


Our kids need to know and understand by ♥Venice♥ Fri February 1, 2008 @ 8:55 PM


I also feel that children need to learn that... by Casmly Fri February 1, 2008 @ 10:10 PM


I'm still waiting for the day by ♥Venice♥ Fri February 1, 2008 @ 10:37 PM


I'm so glad to see these comments posted by Gino Fri February 1, 2008 @ 11:46 PM


It's about affording it by RedheadwGlasses Sat February 2, 2008 @ 6:30 PM


My parents were the same way by ♥Venice♥ Sat February 2, 2008 @ 10:11 PM


Same here, IROC's and Trans Am's were the rage. by Gino Sat February 2, 2008 @ 11:24 PM

by ♥Venice♥ Posted Fri February 1, 2008 @ 7:17 PM

Deanna, your heart's in the right place, but 12 years old is a good
age to teach your daughter how to be consumer savvy. I think it
would have been a better idea to calmly and politely ask to speak to a
manager about the discrepancy in price. That would have taught your
daughter how to properly handle herself in a similar situation. I'm
afraid all you succeeded in doing was to show her that you were
willing to overpay instead of further questioning and investigating.
I don't think she would have felt bad at all if you explained that it
had nothing to do with your desire to buy or not buy the clothing, but
that it's wrong to be overcharged.

I did that with both of my children and am proud to say they grew up
to be very wise consumers.

Reply
by SusanB Posted Fri February 1, 2008 @ 6:12 PM

You and your 12 year old daughter assumed that the price was $19.99
for both pieces but neither of you asked for verification. When, at
the register, you found out you were wrong, you paid $85.36 anyway and
are now claiming false advertising and are asking for a refund or some
kind of "hefty coupon" claiming you were overcharged. You
weren't overcharged - - you misunderstood the pricing but when you
found out you were wrong you paid anyway so you are owed nothing
unless you return some or all of the items.

Reply


by calm Posted Fri February 1, 2008 @ 5:16 PM

Unless there was some indication that these were actually being sold
in sets (such as tops and bottoms being packaged together), I would
have assumed that it was $19.99 per garment. I would especially have
assumed that just given my impression of Aeropostale prices and the
fact that we are coming into, not coming out of, shorts season.

It's not that I can't see how you would have gotten a different idea.
But I think the best that can be said is that the sign is ambiguous,
not that it clearly means the garments are being sold for $10 each.

Moreover, you agreed to pay the $85.36. The time to try for a bargain
based on the misunderstanding was before you completed the
transaction. If you really think the sign so clearly indicated that
it was $19.99 for two garments that you're justified in accusing the
store of trying to swindle you, it seems to me that you would expect
the onlookers to agree with you that the misunderstanding was entirely
Aeropostale's fault. I wouldn't be embarassed to point out that
someone was trying to swindle me -- I'd think they ought to be
embarassed.

So while I suppose it would be nice of them to give you a coupon for
the misunderstanding, I don't think you are owed anything. And why
would they be nice? You've made it clear that you're not a customer
who's going to spend much money in their store no matter what they do,
and you have just called them dishonest in public. I wouldn't feel
especially eager to go out of my way to be nice to someone who'd just
insulted me; why would the people at Aeropostale?

So it comes down to whether you prefer to cope with the loss of
approximately $43 or with the consequences of telling your daughter
that you made an honest mistake and were too embarassed to correct it
at the time, but that although you have tried to adjust the budget so
that she can have what she wanted you simply cannot afford to keep all
four garments. I'm sure she'll understand; and even if she doesn't
right now, she will. Our relationships with our parents are, when all
is said and done, about an awful lot more than just whether we got as
many Aeropostale fleece sets as we really wanted.

Good luck sorting this all out.

Reply






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