The general point about not being required to sell anything is OK, but in most places there are some laws regulating advertising of prices, specifically to outlaw the ‘bait and switch’ that the used car dealer is trying to pull. While they’ll vary from place to place, most would have an exception for good faith but obvious mistakes like the $2.499 steak dinner.
But advertising a price that you have no intention of ever meeting is typically going to be illegal.
(In the incident in the OP, the item was not being advertised and was pretty obviously not even being offered for sale, so false advertising laws clearly wouldn’t apply. )
no. You cannot deny someone service as a result of their gender, race, creed, etc. You can deny service for any other reason, or no reason at all.
Maybe, if it was clearly labeled “Employees Only” But good luck getting the police interested in arresting a guy because he stepped behind the counter. If he refused to leave the store (or refused to vacate his position behind the counter) after you told him to GTFO, the police would likely make him leave.
IANAL. I think the simplest explanation might be to tell the customer that the publisher had demanded that all Blockbuster stores return any copies the stores had of specific video and v-game titles. Thus, that copy of AC3 was no longer Blockbuster’s property to sell. While BB would love to have accommodated the customer’s request, regrettably, they could not.
Could BB refuse to sell a product to a customer? Yes.
Could BB refuse to give a customer an advertised discount on a product? Maybe not.
See, it seems not so much that BB was refusing to sell the product, it’s more like BB was not wanting to give it’s advertised discount on a product, if it was displayed for sale. I’d be like saying “Any game 50% off”, then telling a customer “Well, no, not these hot selling games, just these crappy games no-one wants to buy.” This could be considered “bait and switch” or any of a number of other violations. You can’t use “right to refuse service” to get out of something like this. The DA, Judges, etc would not look kindly on the idea that you were ‘refusing service’ to anyone who wanted to take advantage of your advertised deal.
A store can refuse to sell whatever they want to whomever they want, with a few provisos:
Obviously, as mentioned, you cannot discriminate. “We don’t serve your kind… droids.”
If the store seems to be engaging in an unfair business practice - some jurisdictions have laws against bait-and-switch, false advertising, etc. However, typically these need to be proven through pattern of behaviour, since any one incident would be explained as a misunderstanding" or something.
As previously mentioned, the customer is an idiot.
As prviously mentioned, there is no “common law” for the USA; commerical activiy is up to the individual states. If the guy says “USA common law” in the context of local commerce, already it’s a flag he’s an idiot who knows not whereof he speaketh.
There is a common argumentative technique known as “bluster”, aka “screaming asshole” where they try to BS and intimidate someone into doing what they want. Somehow, when this does not work, some of these guys just get more frantic and loud.
Of course, a store that refuses to sell something to a customer after having it available is probably not long for this planet… Oh, wait…
Sorry - I was trying to keep it short. Full situation:
Dealer has 1 clunker which he features in the local Reader paper it is the largest pic on his full-page ad.
He is legal in that there is (at time of print) A 2005 Civic for which he will accept $500.
That car will be sold before I get there. My point is that I cannot point to another 2005 Civic on the lot and demand he accept my offer of $500 for the other Civic.
I Probably have used the one-super-stripped-down “NEW Impala - $21999”.*
And the fellow who demands the “New Impala” in the showroom be sold at that price
I’ve noticed many are now adding tiny print “one at this price”
I had a similar situation, but I was the customer and wanted something.
When HD-DVD was still around, a Jack Ryan box set was shipped and then immediately recalled before it could even hit the shelves. A very small number of copies were released and were fetching $1200 on eBay. I went to a Walmart, while on a trip, and they had two copies! That’s an easy $2400 in my pocket from just spending $80.
It was locked in a glass case, so I got the guy, he carried it to the register, then rang it up. The display on the register said something like “Do Not Sell - Recalled.” I never got an attitude, but I tried to convince him several times to sell it to me. He said since it wouldn’t ring up, he wasn’t selling it. I asked to see a manager and heard the same thing. I left, not pleased.
Later that night, I went back to try for the other copy, $1200, or a very rare item in my collection if it didn’t sell, was still sitting in that case. I went through the same thing again, but this time I offered to pay him the amount on the case AND pay him personally that amount. My bride didn’t work, so I went home empty handed.
Yeah; not directly related to the OP, but to this quote: Walmart’s registers seem to be pretty sophisticated. (At least, in comparison to Blockbuster’s antiquated, MS-DOS, using-the-same-hard-drives-since-1993 system). Here in Virginia it’s illegal to sell alcoholic beverages after midnight. Walmart’s computer system won’t even allow them to do it accidentally, much to the relief of two employees I asked about that.
Many register systems now can tell interesting items and will beep and ask the clerk to verify “Purchaser over 18” for restricted movies, cigarettes, etc.
Ditto. We have a list where I work of customers who have been “fired” by anyone on staff and a list of a couple who are basically “call the cops on entry”.
The short version in PA is you can refuse anyone anything basically until ordered otherwise by the court. A person could appeal on different grounds from discrimination to hardship but the burden is on them.
Airport gift shop in Sydney, Australia. A German couple brought an item to the counter that had the wrong price tag on it. They were told by the clerk that the price tag was a mistake and that it was $60 instead of $20. The German guy pitched a big fit and told him that he had to be sold the item at the cheaper price and that that was the law. The clerk, of course, refused. As they were walking out I asked him how he came to be an expert on Australian law but he refused to answer.
It should be obvious that that wouldn’t be the law anywhere. Otherwise, I could just put any price tag that I want on an item and demand to pay that price.
But of course there’s the assumption it was an honest mistake and not an attempt to get him interested in an item then surprise him with the full price.