As credit card receipts fill your pockets or purse, consider that 17% of them probably include overcharges. As you head for the malls on these chilly nights, and notice the comforting fireplace aroma lingering in the outside air, you might think about buying some firewood. OC180NEWS.com has some legal tips.

According to the California Department of Food and Agriculture, CDFA, a 2008 price verification survey by the Division of Measurement Standards found that 17% of stores inspected in the survey had overcharges. CDFA says “It is not uncommon in stores for sellers to extend sales dates. In other cases, store personnel sometimes fail to remove old price signs or incorrectly post the sale price before the sale begins. The seller must honor the price on posted sale signs, regardless of any dates.”

So, check your receipts. Have you ever tried to purchase an item only to get to the register and be told the price you expected was not the right price? Even if the merchant or an employee makes a mistake--for any reason—and the wrong price is posted, the store must still honor the posted price.

CDFA says “California law says that it is unlawful at the time of sale to charge an amount greater than the price that is advertised, posted, marked, displayed, or quoted. Any requirements that a buyer needs to meet to get the sale price must be conspicuously posted and the seller must honor the price on posted sale signs.”

How about something labeled as 2 for $2.00? Does that mean you must buy two of the items? What if you only want 1?

Again, from CDFA, “Whether the product is peaches or an individually priced item, state law says that merchants are not to charge a price that is greater than the true extension of a price per unit, which in this example would be $1.00.” Thus, if you only want one of the items priced at 2 for $2.00, the merchant cannot require you to buy two items to get the posted per item price.

But what if the sign says, "2 for $2, 1 at regular price"? Again, the law says that any requirements that a buyer needs to meet to get the sale price must be conspicuously posted. This offering indicates that a minimum purchase is required so the consumer would be expected to pay $1.00 each if two items are purchased or the regular price if they purchased only one.

Officials from the CDFA and county weights and measures regularly inspect price scanners for accuracy and will respond to complaints. Officials routinely make undercover purchases and when an item is overcharged, the store will receive a notice of violation. Officials will return within a few days or a week later to check on the store's progress. If there are multiple overcharges, or egregious overcharges, the store will receive an administrative penalty from the county sealer of weights and measures. Any chain stores that have consistent overcharges are investigated on a statewide basis. If the investigation finds a significant problem, the county district attorney or state attorney general will be brought in to prosecute either civilly or criminally.

Consumers who believe they have been overcharged may file a complaint online at http://www.cdfa.ca.gov/dms/complaint.html or call the California Division of Measurement Standards at 916-229-3000.

Now, what about that load of firewood? If you are buying more than 16 cubic feet of cut and closely stacked firewood, it must be sold by the cord.
That is, a nice neat pile of firewood—stacked as closely as possible--which is, say, four feet wide, two feet deep, and two feet tall, is 1/8 of a cord and must be priced as such. When it comes to buying firewood of this or greater size, there is no other legal way to sell firewood.

CDFA says “Be wary of terms such as "face cord," "rack," "rick," "tier," "pile" or "truck-load," as these terms are illegal to use in the sale of firewood. If a seller uses such terms, consumers should be on alert for a possible problem.

Some wood dealers try to sell firewood from a pick-up truck. Be on your guard, because a pick-up cannot hold a cord of firewood. An 8-foot truck bed can hold one-half of a cord while a 6-foot bed can barely hold one-third of a cord.

Make sure you get an invoice or delivery ticket that contains the name and address of the seller, the date purchased or delivered, the quantity purchased, and the price. The seller is required by law to give you this information in writing. You may want to take note of the license plate of the delivery vehicle. If you believe you have not received the quantity you ordered and paid for, call the seller to correct the problem. Try to maintain the wood in the condition it was delivered, take a photograph, and do not burn any. If the seller can’t or won’t correct the problem, contact your local county weights and measures office as soon as possible at: http://www.cdfa.ca.gov/exec/county/county_contacts.html or the California Department of Food and Agriculture’s Division of Measurement Standards at (916) 229-3000.