Grocery Store Rain Check Policies

[Stockboy]

What is a proper rain check policy for a grocery store to have?

Recently I went to a local Kroger grocery store and asked for a "rain check" for an item which was sold out on the shelf. The posted price of the item was lower that the normal price. Iwas was told that rain checks could not be issued for sold out items, that they could only be issued for "items published in printed advertisinments".

The American Heritage® Dictionary of the English Language: Fourth Edition. 2000. defines rain check as:
NOUN
An assurance to a customer that an item on sale that is sold out or out of stock may be purchased later at the sale price.

It says "on sale", it does not say, "restricted to printed advertisments only"
.
The Kroger Company sent me the following reply when I questioned their policy:

Regarding the Kroger policy of issuing a "rain check" for a sold out
or out of stock item. I was told today, by the manager of the KROGER 205 EAST LITTLE CREEK RD. NORFOLK,
VA 23505
that the policy of issuing rain checks was restricted only to items published in printed advertisinments and did not include any other items for sale in the store and their posted prices.
Patricia Ann Robb
Consumer Affairs
patricia.robb@kroger.com

Reference: 2992038

What do you think?

[Ima saver]

I wnt to Rite ad with a coupon to buy light bulbs for $1 (8 pack) They were sold out and they wouldn't give me a rain check. I don't think they should be allow to advertise and then not give you a rain check.

[Stockboy]

Well they should have!

Grocery stores are required to provide rain checks for advertised items which have sold out unless the advertisement states that "quantities are limited." The exception to this is if the store can prove that the advertised items was ordered in a timely matter and with sufficient quantities to meet the average consumer demand. This allows stores to advertise seasonal and holiday items which cannot be stocked for long periods of time, such as halloween candy and parishable goods.

If you cannot find an advertised sale item on the grocery shelf, ask
for it. If the store has run out, you can ask about a rain check.
Unless the ad says quantities are limited, the grocer probably will
offer you some form of compensation. The Federal Trade Commission's
(FTC) "Unavailability Rule" says how, and if, you and other customers
should be compensated.

The "Unavailability Rule"

The FTC issued the Retail Food Store Advertising and Marketing
Practices Rule in 1971 and amended it in 1989. Known as the
Unavailability Rule, it helps protect consumers against food stores
that advertise bargains to attract customers but fail to have
adequate stock available.

Under the 1989 amended Rule, grocers may offer rain checks to
customers if they run out of advertised items. However, rain checks
are not required if the ad clearly and adequately says "quantities
are limited" or that products are available only at some stores. This
gives grocery stores the flexibility to advertise items that they
cannot stock in large quantities or at certain outlets. Such items
may be seasonal products, like holiday cakes, or perishables, such as
fruits and vegetables.

If a store does not disclose the limited availability of an
advertised item and runs out of that item, the "Unavailability Rule"
excuses the store only when it can show (to the FTC) that advertised
items were ordered in adequate time for delivery and in quantities to
meet reasonably anticipated demand OR it offers customers one of
three alternatives:

* A "rain check" that allows customers to buy the item later at the
lower price

* A substitute item of comparable value to the sale item

* Some kind of compensation that is at least equal in value to the
advertised item

If a store runs out of advertised specials, ask for a rain check, a
substitute, or other compensation. Chances are you will get something
because most grocers want to satisfy their customers.

If a Store Does Not Comply

If you know of a grocery store that routinely runs out of "advertised
specials," fails to say when "specials" are limited, and does not
provide you with a rain check, a substitute item, or some other
compensation, write to: Correspondence Branch, Federal Trade
Commission, Washington, D.C. 20580. Letters from shoppers can help
the FTC identify food retailers who may not be complying with the
Rule.

Facts for Consumers from the Federal Trade Commission in cooperation
with the Food Marketing Institute

[Ima saver]

Thanks, that was very interesting to read and know about.

[Stockboy]

We're getting a little off point here.

I'm not talking about tems published in printed advertisinments; we realize now that grocery stores are required to provide rain checks for printed advertised items such as coupons and store flyers.

I'm saying that rain checks should be issued for sold out items even if they are not advertised in coupons or store flyers because the posted price on the shelf is in itself an advertised price.