On Thursday, Michigan Attorney General Dana Nessel sent a notice of intended action to Five Below, urging the retail chain to address repeated allegations of scanner overcharges and failing to clearly display item prices. The attorney general contends that Five Below has committed pricing violations under the Michigan Shopping Reform and Modernization Act and the Michigan Consumer Protection Act at nearly 20 stores in Michigan on 30 separate occasions.
Since June 5, 2025, the Michigan Department of Agriculture and Rural Development (MDARD) has issued 30 Shopping Reform and Modernization Act non-compliance findings at Five Below stores. Five Below previously stated it would conduct an internal pricing audit to confirm that all displayed prices align with sale prices, retrain staff, and instruct them to verify the prices of items in stores. However, it is alleged that these steps have not fully corrected the pricing violations.
From August 3 to November 5, MDARD documented more than 18 instances where items labeled as $5 were allegedly charged $6 or $7 at the register. In October alone, overcharges were documented at eight different Five Below store locations.
“Shoppers should know the price they see on the shelf is what they will be charged, and repeated overcharging violations are unacceptable,” Nessel said. “I want to thank MDARD for their work in identifying these violations and urge consumers to remain vigilant against overcharges when they shop.”
“MDARD's Weights and Measures inspectors work every day to ensure Michiganders encounter fair and transparent pricing when they're out shopping,” said MDARD Director Tim Boring. “This investigation and coordination with the Attorney General is an example of that diligent commitment to consumers and a reminder to pay attention to pricing when you get to the register, especially as we enter the holiday season.”
Five Below has until December 15, 2025, to meet with the Department of Attorney General to explore an agreement for voluntary assurance of compliance addressing the alleged pricing violations, including an enforceable agreement to cease and desist pricing practices that violate Michigan law. Failure to do so may result in litigation and civil fines.
To file a complaint with the attorney general, or get additional information, contact:
Consumer Protection Team
P.O. Box 30213
Lansing, MI 48909
517-335-7599
Fax: 517-241-3771
Toll-free: 877-765-8388
Online complaint form at https://secure.ag.state.mi.us/complaints/consumer.aspx
Since June 5, 2025, the Michigan Department of Agriculture and Rural Development (MDARD) has issued 30 Shopping Reform and Modernization Act non-compliance findings at Five Below stores. Five Below previously stated it would conduct an internal pricing audit to confirm that all displayed prices align with sale prices, retrain staff, and instruct them to verify the prices of items in stores. However, it is alleged that these steps have not fully corrected the pricing violations.
From August 3 to November 5, MDARD documented more than 18 instances where items labeled as $5 were allegedly charged $6 or $7 at the register. In October alone, overcharges were documented at eight different Five Below store locations.
“Shoppers should know the price they see on the shelf is what they will be charged, and repeated overcharging violations are unacceptable,” Nessel said. “I want to thank MDARD for their work in identifying these violations and urge consumers to remain vigilant against overcharges when they shop.”
“MDARD's Weights and Measures inspectors work every day to ensure Michiganders encounter fair and transparent pricing when they're out shopping,” said MDARD Director Tim Boring. “This investigation and coordination with the Attorney General is an example of that diligent commitment to consumers and a reminder to pay attention to pricing when you get to the register, especially as we enter the holiday season.”
Five Below has until December 15, 2025, to meet with the Department of Attorney General to explore an agreement for voluntary assurance of compliance addressing the alleged pricing violations, including an enforceable agreement to cease and desist pricing practices that violate Michigan law. Failure to do so may result in litigation and civil fines.
To file a complaint with the attorney general, or get additional information, contact:
Consumer Protection Team
P.O. Box 30213
Lansing, MI 48909
517-335-7599
Fax: 517-241-3771
Toll-free: 877-765-8388
Online complaint form at https://secure.ag.state.mi.us/complaints/consumer.aspx
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