US-New YorkCan a store charge more at the register than the posted shelf price?
Generally, no — in New York, a store cannot charge more at the register than the posted shelf price unless an exception applies, such as a clearly disclosed 'scantron error' policy.
What the Law Says
New York law protects consumers from being overcharged at checkout by requiring retailers to honor the posted or advertised price — with limited exceptions.
Under New York General Business Law § 396-a, it is unlawful for any retailer to advertise or display a product with a price unless that price is the actual price at which the item will be sold at the time of purchase.
The law defines 'advertising' broadly to include shelf tags, signs, labels, and digital displays — meaning a shelf price is legally treated as an offer to sell at that price.
If a store scans a higher price at checkout, the customer is entitled to pay the lower posted price — unless the store has a clearly posted sign stating it does not honor price discrepancies due to scanning errors, and that policy is applied consistently.
Statutory TextNo person, firm or corporation shall advertise or offer for sale any article or service at a price which is not the actual price at which such article or service is offered for sale at the time of such advertisement or offer.
— N.Y. Gen. Bus. Law § 396-a — Advertising or offering for sale at false price
Statutory TextAny person who violates the provisions of this section shall be liable for a civil penalty not to exceed ten dollars for each violation.
— N.Y. Gen. Bus. Law § 396-a(2)
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.