Michigan Attorney General Dana Nessel has issued a notice of intended action to the retail chain Five Below, citing repeated allegations of pricing violations at nearly 20 stores across the state. The notice urges Five Below to address claims of scanner overcharges and failure to clearly display item prices, which are alleged to violate both the Michigan Shopping Reform and Modernization Act and the Michigan Consumer Protection Act.
According to the Attorney General’s office, since June 5, 2025, the Michigan Department of Agriculture and Rural Development (MDARD) has recorded 30 findings of non-compliance with shopping reform laws at Five Below locations. Although Five Below previously committed to conducting an internal pricing audit, retraining staff, and verifying in-store prices, it is alleged that these actions have not fully resolved the issues.
From August 3 through November 5, MDARD inspectors documented more than 18 cases where items labeled as $5 were charged at higher amounts—either $6 or $7—at checkout. In October alone, such overcharges were reported at eight different store locations.
Attorney General Nessel stated: “Shoppers should know the price they see on the shelf is what they will be charged, and repeated overcharging violations are unacceptable. I want to thank MDARD for their work in identifying these violations and urge consumers to remain vigilant against overcharges when they shop.”
MDARD Director Tim Boring added: “MDARD’s Weights and Measures inspectors work every day to ensure Michiganders encounter fair and transparent pricing when they’re out shopping. 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 in order to negotiate a voluntary compliance agreement. This agreement would require Five Below to cease any pricing practices that violate state law. If no agreement is reached by that date, litigation and civil fines may follow.
Consumers who wish to file complaints or seek further information can contact the Consumer Protection Team by mail at P.O. Box 30213 Lansing, MI 48909; by phone at 517-335-7599 or toll-free at 877-765-8388; by fax at 517-241-3771; or online via their complaint form.
