Return of Items Purchased that Are Later Put On Sale

Full question:

I bought $300.00 of miscellaneous merchandise in a department store. I halted shopping when a clerk told me 'everything was going on 40% mark down tomorrow'. I understand there is a law that supports consumers on this markdown process. A shopper simply takes the receipt into such store, as long as the purchase was within 2 weeks, and the price will be adjusted. When I did this prescribed action, promptly, I was told this department store does not honor this law and the receipt notes that it does not do price adjustments. Where do I stand legally?

• Category: Contracts
• Date: 04/07/2025
• State: Montana

Answer:

I am unable to local a state statute providing for a price adjustment on department store items purchased before a markdown. Such price guarantee policies are typically a matter of store policy, rather than state statute. I suggest contacting the state Attorney General's office, who handles consumer complaints, at the following links:

http://doj.mt.gov/consumer/#contactattorneygeneralsoffice

http://doj.mt.gov/consumer/

The Office of Consumer Protection provides statewide access through a toll-free number, (800) 481-6896.

Please see the following MT statute:

61-3-110. Contract rental price adjustment --

not sale or security interest. In the case of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile, a transaction does not create a sale or security interest solely because it permits or requires that the rental price be adjusted either upward or downward under the agreement by reference to the amount realized upon the sale or other disposition of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile. To the extent that a conflict exists, this section supersedes any other provision of law.