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Mary Bach, Consumer Activist, Wins Lawsuit Against Walmart -- Over 2 Cents

Mary Bach

First Posted: 10/02/11 11:36 AM ET Updated: 11/30/11 05:12 AM ET

For Mary Bach, 2 cents isn't chump change.

The Pennsylvania woman took Walmart to court over a two-penny discrepancy on her receipt -- and won.

Bach was shopping at a Walmart in Delmont when she picked up a package of Banquet "Brown 'N Serve" sausage, listed at 98 cents, according to the Pittsburgh Tribune-Review.

When the cashier rang up the the breakfast meat, the item scanned at $1. Bach says she pointed out the cashier's error and accepted a refund.

But when she returned several days later and was overcharged again, Bach decided that a refund wouldn't cut it. She filed a civil suit against the retail giant -- a practice the consumer activist has made a habit.

"This is the fifth lawsuit that I have now won against this store, this Delmont Walmart for the same problem: practice of putting up a shelf tag that was lower than the price charged at the cash register," Bach told WPXI.

SEE ONE OF BACH'S PREVIOUS SUITS AGAINST WALMART (story continues below):

<a href='http://video.app.msn.com/watch/video/woman-sues-wal-mart-for-charging-sales-tax-on-full-price-of-discounted-items/1d01pkqjt' target='_new' title='Woman Sues Wal-Mart For Charging Sales Tax On Full Price Of Discounted Items' >Video: Woman Sues Wal-Mart For Charging Sales Tax On Full Price Of Discounted Items</a>

Walmart lawyers alleged that Bach only purchased the meats so she could file another suit against the biggest of big box stores, according to the Trib.

The store's attorneys said Walmart had just changed its sausage packaging, meaning older meats -- priced at 98 cents -- and newer meats -- priced at $1 -- were both available.

Bach was awarded $100 in damages and about $80 in court costs, the Trib notes.

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For Mary Bach, 2 cents isn't chump change. The Pennsylvania woman took Walmart to court over a two-penny discrepancy on her receipt -- and won. Bach was shopping at a Walmart in Delmont when she...
For Mary Bach, 2 cents isn't chump change. The Pennsylvania woman took Walmart to court over a two-penny discrepancy on her receipt -- and won. Bach was shopping at a Walmart in Delmont when she...
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Ainsaade
Covered in bees
12:24 PM on 11/14/2011
I'm no Wal-Mart fan, but this is ridiculous.
02:15 PM on 10/20/2011
FOR AS LONG AS MAN HAS BEEN ALIVE THERE HAS ALWAYS BEEN ANIMALS TO BE EATEN. IT'S NOT MAN'S LAW IT CAME FROM GOD AS SURVIVAL. SO FOR PETA TO GO THROUGH ALL THIS FUSS ITS JUST CRAZY. NEXT YOU WILL WANT ANIMALS TO STOP EATING ANIMALS.
HUFFPOST SUPER USER
dbrett480
07:42 PM on 10/12/2011
Just another knucklehead clogging up the court system with needless lawsuits.
HUFFPOST SUPER USER
HawaiianLady
My name means Gift of God.
11:43 PM on 10/14/2011
Wrong. She's a consumer advocate looking out to see that Wal-Mart doesn't get to steal from everybody with impunity. Figure it out: Wal-Mart has millions of shoppers. If they get two cents extra from each of them every day, it adds up to huge money in Wal-Mart's pocket, with no penalties. I hope she keeps after them and makes them toe the line.
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HUFFPOST SUPER USER
Bob Metcalfe
Caught at 1st. slip trying to cut
02:26 AM on 10/19/2011
Why does she need to sue? Don't you have laws?
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HUFFPOST SUPER USER
WillistonElkoAlum2002
Strongly favor abortion rights & less government.
01:56 AM on 10/10/2011
This lawsuit is just one more reason to abolish the sales tax. The sales tax is the most predatory business practice in America today!
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HUFFPOST SUPER USER
StarThrower50
01:59 PM on 10/05/2011
I very much disagree that this is a frivilous lawsuit. Walmart can claim all they like that she just purchased the product to file a lawsuit. The fact is that they continue to post misleading prices and they've been caught doing it 5 times! Doesn't that tell you that the onus is on them to make sure pricing is correct now?

To those who say our society is too litigious, I contend that this is one of very few ways consumers have to make corporations behave. If they want the lawsuits to stop, then post the correct prices!

But the courts are going to have to go further to make them behave. They made $199.98 from the 9,999 people in this store alone who didn't notice the 2 cent difference. Walmart was only fined $100 and $80 court costs for this incident. Net profit, $20. Scale that up to the millions of Walmart shoppers and you'll see BIG PROFIT. Walmart won't change until the fines are commensurate with their profit in continuing to defraud consumers.
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HUFFPOST SUPER USER
Jack Webb
Just the facts, ma'am'
01:43 PM on 10/05/2011
LOL!

The message here is don't mess with that woman. She doesn't fool around.
09:43 AM on 10/05/2011
And the moral is: being litigious is much more american than working hard for your capital. The question is: is this woman a watchdog for the common man or is she a culturally selfserving individual looking to get something for nothing? Accums razor.
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HUFFPOST SUPER USER
StarThrower50
02:07 PM on 10/05/2011
marquisdemort... If you're going to post big words to try to make yourself look more intelligent, at least try to spell them right. It's either Occam's razor or Ockam's razor. And in this case, there's more to the story than this woman being self-serving. If she'd filed for millions or even thousands of $$$, that would be one thing. All she got was a reimbursment for what I'm positive took well more than any $100 worth of her time.
08:23 AM on 10/05/2011
Everybody is acting like WalMart is the only store that does this practice. It's every store you walk in to. If there is a price descrepancy, bringing it to the cashiers attention at the time of purchase is the way it should be handled. Not a frivolous lawsuit that nets you some extra bucks because your delicate sensibilities have been offended by your way of thinking. People just make me tired, stupid people exhaust me.
HUFFPOST SUPER USER
HawaiianLady
My name means Gift of God.
11:46 PM on 10/14/2011
Did you read the article? She did bring it to the attention of the cashier the first time, and then found out later they were still doing it. Is she supposed to spend all her time arguing with cashiers in order to keep Wal-Mart from stealing? This is what the courts are for.
HUFFPOST SUPER USER
godsonecooldude
07:45 AM on 10/05/2011
will the way I have seen how walmart operates is this way in the town i lived in. they opened up and after they opened. other buisnesses started to close we had 3 hardware stores they dont have any anymore. they just have a bigger walmart. wont be long you will or can have a baby there.
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HUFFPOST SUPER USER
hursh 4 ever
Smart Commenter - logical and wise
07:29 AM on 10/05/2011
let Wal-Mart close all their stores and go over seas and open up stores in China and India... we don't need them, we are willing to travel hours to get the products we need... America wont settle for human errors. price changes are done manually by humans if they don't want to hire robots or foreigners to do their price changes and postings then screw them!
This user has chosen to opt out of the Badges program
07:36 AM on 10/05/2011
"We" are willing to travel "hours" to get the products we need? No, "we" aren't.

You sound exactly like the type who would blame "Big Oil" for all this country's ills that are not caused by WalMart... So why on earth would you want to waste resources (and funnel money into the pockets of your corporate overlords) to travel "hours" to get the products you need?

Absurd.
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HUFFPOST SUPER USER
hursh 4 ever
Smart Commenter - logical and wise
04:26 PM on 10/05/2011
i was being sarcastic dummy
03:17 AM on 10/05/2011
THE DOUBLE STANDARD HERE ON THIS SITE IS DISTURBING AND SILLY AT THE SAME TIME. ALSO MAKING FOR A GREAT EXAMPLE OF SUCH. MY COMMENT ON THIS SUBJECT WAS PULLED FOR SUPPOSEDLY 'VIOLATING HUFFINGTON POST'S GUIDELINES'. WHAT I'VE SEEN HERE IS THE MOST EXTREME OF DOUBLE STANDARDS EVER. MY COMMENT WAS IN NO WAY NEAR AS VIOLATING AS MOST OF THE RESPONSES ON HERE, EVEN THIS VERY PAGE INCLUDED. IT WOULDN'T SURPRISE ME A BIT IF THIS VERY COMMENT I'M MAKING NOW ALSO GETS PULLED. IN MY BOOK, THIS ALSO A PERFECT EXAMPLE OF "CENSORSHIP", SO WHY SHOULD I BOTHER!? ANYONE WANTING TO KNOW MORE OR AGREE WITH ME CAN FOLLOW ME TO "MY BLOG SITE OR MY WALL ON OTHER A CERTAIN OTHER SITE OF WHICH I'M NOT ALLOWED TO SAY HERE. IF YOU LOOK HARD ENOUGH YOU WILL FIND ME WITHOUT ANY PROBLEM AND READ MY COMMENTS, NOTES, BLOGS, ETC. UNCENSORED, UNABASHED, AND STRAIGHT FORWARD! IF YOU CAN HANDLE THE TRUTH AND WANT TO HEAR IT OR SHARE YOUR UNCENSORED COMMENTS,YOU CAN FIND ME AND/OR FOLLOW ME. UNLIKE THIS APPARENTLY BIASED SITE"!
05:36 PM on 10/10/2011
I think posting in all caps violates the guidelines. It also makes you look stupid.
11:23 PM on 10/04/2011
I guess it all evens out with the ppl that change price tags to get stuff cheaper than it really is ...jmo..
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HUFFPOST SUPER USER
suzee q
I need a job, are you hiring?
10:48 AM on 10/04/2011
Good for her. Maybe Wal Mart will take notice and stop overcharging people, or at the very least double check the shelf tags. Oh, who am I kidding? They won't, and the same kinds of practices will continue. Shame.
HUFFPOST SUPER USER
Mrsbean54
05:00 AM on 10/04/2011
People keep saying "don't you realize what she's doing is for our benefit? It's not the 2 cents, it's the principle of getting ripped off, etc"

Don't people realize that it's because of our culture of taking frivolous lawsuits to court that everything costs so freakin much? This is not just true for healthcare, but for everything. If this woman were just doing this on principle, she would have sued for 2 cents, not $100 in "damages". She's taking advantage of the system, and the extra costs companies fork out to cover their butts get passed down to the consumers. If you get overcharged for something, settle it right then and there with the store. Many stores like Publix give you the item for free if it rings up wrong. If you don't like Walmart, DONT SHOP THERE.
10:16 AM on 10/04/2011
how much do you think stores make off of mispricing things that people never notice.
11:22 PM on 10/04/2011
that is why it is up to consumers to check to make sure it is correct...when you go buy a new car or a home dont you check the final price you are paying? Im pretty sure you do...then why not at other places ?
HUFFPOST SUPER USER
sharonsj
10:24 AM on 10/04/2011
This is not a frivolous lawsuit. I watch the register at every checkout because Walmart isn't the only place that rips off people. How many thousands--or perhaps tens of thousands--of people overpaid that two cents? All of which went into Walmart's pockets.
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TT Esty1
Failure is a temporary condition.
01:34 AM on 10/04/2011
It would not surprise me to learn that the people who bemoan Mary quibbling over 2 cents are the same people who scurry down to Walmart to save 7 cents on their Rollback promotion - using up $4 worth of gas in the process.

The story of Walmart is intertwined with the history of job loss and the loss of small business in America. On the search for cheap goods to pacify consumers, Walmart moved to purchasing from off-shore manufacturers where labour was cheap and regulations loose. The tipping point was reached when Walmart's purchasing power make it possible for them to dictate pricing to the manufacturer. Other retails emboldened by this new strategy forego local manufacturing to follow suit. Soon manufacturers move off-shore. Industries that fed the American middle class and small business begin to vanish. Cheap merchandise from foreign shores entices both the consumer and the jobs.

Yes, Walmart does have a workforce, union free and wages low. Not a fair exchange for what once was America but part of the decline when value is confused with cost. Today, when you walk the aisles of Walmart, remember that once those items said 'Made' in the U.S.A'.
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HUFFPOST SUPER USER
Steve Rotert
05:44 PM on 10/18/2011
You made some interesting points. But, the Wal-Mart in my hometown has better wages and better benefits than 80% of the other employers there. True, they put a lot of small businesses out of business, but usually ones that only offer min. wage and absolutely no benefits or job security. Small businesses also buy foreign made products whenever possible so you can't just blame W.M.