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Aeropostale's False Advertising
Posted Fri February 1, 2008 12:00 pm, by Deanna D. written to Aeropostale, Inc.
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.
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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.
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by Steve-Oh Posted Mon February 4, 2008 @ 5:22 PM
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and you don't read the signs correctly again, will you demand another coupon?
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by Becks Posted Mon February 4, 2008 @ 3:10 PM
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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.
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by MA Cunningham Posted Mon February 4, 2008 @ 1:21 PM
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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.
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by Holly M Posted Mon February 4, 2008 @ 3:05 AM
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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.
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by donno Posted Sat February 2, 2008 @ 10:37 PM
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"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.
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by Keith C Posted Sat February 2, 2008 @ 7:35 PM
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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.
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using "or"
by Nicole F Sat February 2, 2008 @ 11:02 PM
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by Keith C Posted Sat February 2, 2008 @ 7:30 PM
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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.
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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.
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by Nicole F Posted Sat February 2, 2008 @ 5:51 PM
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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.
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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.
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by Angelic Princess:) Posted Sat February 2, 2008 @ 12:10 PM
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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.
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by PsychoSekc Posted Sat February 2, 2008 @ 9:37 AM
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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.
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by franese Posted Sat February 2, 2008 @ 1:36 AM
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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.
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by Evil N Posted Fri February 1, 2008 @ 11:32 PM
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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.
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by olie Posted Fri February 1, 2008 @ 9:44 PM
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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?
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by Casmly Posted Fri February 1, 2008 @ 8:42 PM
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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.
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by ♥Venice♥ Posted Fri February 1, 2008 @ 7:17 PM
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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.
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by SusanB Posted Fri February 1, 2008 @ 6:12 PM
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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.
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by calm Posted Fri February 1, 2008 @ 5:16 PM
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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.
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