What is a Waiver Store?                                                                                                                                                                                               

A Waiver store is a store that has been granted a Waiver from Item Pricing. This means that instead of individually pricing every item, the store may use shelf tags or signs to convey the price. Becoming a Waiver store is not mandated, so is optional. There is an annual fee for applying to become a Waiver store and the store must pass two inspections by the Bureau of Weights, achieving an average of 98% or better on scanner accuracy. Once granted, the Waiver is valid for one year. As a requirement of having a Waiver, the store is required to pay Super Refunds to persons who have been overcharged, as described in Local Law 7 (1997).

What is a Super Refund?                                                                                                                                                                                           

The sale transaction must have been completed for the customer to have suffered a loss. When an overcharge occurs at a Waiver store, the difference in price and a Super Refund is due to the customer. The amount of a Super Refund is ten times the difference between the lowest advertised price and the price actually paid, but not less than $1 or more than $10. When more than one of identical item is purchased, the consumer is only entitled to one Super Refund, plus the difference in price for each item purchased. If different items are purchased, the consumer may be entitled to more than one Super Refund. An Erie County Price Discrepancy Report must be properly filled out and given to the consumer whenever a Super Refund is issued. Only Waiver stores are required to issue Super Refunds, as per Local Law 7(1997), but any store must honor the lowest advertised price and refund the difference paid to the customer.

How can I obtain a Super Refund? 

Speak with a Manager or Customer Service associate at the Waiver store. Let them know that you have been overcharged, show your receipt, and ask for your refund and a Super Refund.

Who do I contact if I think I am entitled to a Super Refund? 

If you believe you were overcharged at a Waiver store and you were refused the difference in price or a Super Refund, contact the Bureau of Weights and Measures, 716-825-1310, or Paula.Trimper@erie.gov. 

What information should I have? 

For any inquiry, have the store’s information (name and address), information on any employees you attempted to resolve the matter with, date of the incident, proof of purchase (i.e. receipt), photo of tag, or sale price if possible. 

If you aren’t sure if the store is a Waiver store or if you are entitled to a Super Refund, check with the Bureau of Weights & Measures as not all stores are required to pay Super Refunds.