Michigan Attorney General Dana Nessel has issued a formal notice of intended action to retail chain Five Below following repeated allegations of pricing violations at nearly 20 stores across the state.
The notice urges the company to address scanner overcharges and unclear price displays that violate Michigan’s Shopping Reform and Modernization Act and the Consumer Protection Act.
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A notice of intended action is a formal warning from the Attorney General signaling that legal action may follow if the alleged violations are not corrected.
Since June 5, 2025, the Michigan Department of Agriculture and Rural Development (MDARD) has documented 30 instances of non-compliance with pricing laws at Five Below locations.
Despite the company’s earlier commitment to conduct internal pricing audits, retrain staff, and verify item prices, violations have continued.
Between Aug. 3 and Nov. 5, MDARD recorded more than 18 cases where items labeled as $5 were charged $6 or $7 at checkout.
In October alone, overcharges were reported at eight different stores.
“Shoppers should know the price they see on the shelf is what they will be charged, and repeated overcharging violations are unacceptable,” Nessel said.
Five Below has until December 15, 2025, to meet with the Attorney General’s office to discuss a voluntary assurance of compliance.
Consumers who experience pricing issues at Five Below or other retailers are encouraged to file complaints with the Attorney General’s Consumer Protection Team.