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Five Below — Company research | Choice 20 Choice score Out of 100

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Michigan Attorney General Dana Nessel alleged that Five Below overcharged shoppers and failed to display prices clearly at nearly 20 stores on 30 occasions in 2025. On September 18, 2026, her office said the company agreed to pricing controls, training, audits and enhanced penalties for repeat violations, and to pay the state $179,500. The allegations were resolved by agreement.

Against Corporate conduct
Sources
https://www.michigan.gov/ag/news/press-releases/2025/11/20/ag-nessel-issues-notice-of-intended-action-to-five-below
LANSING – Today, Michigan Attorney General Dana Nessel sent a notice of intended action (PDF) 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.
https://wwmt.com/news/state/attorney-general-dana-nessel-targets-five-below-for-overcharges-nearly-20-mi-locations-consumer-protection-modernization-act-mdard
Michigan Attorney General Dana Nessel sent a notice of intended action to Five Below over allegations of scanner overcharges and failing to clearly display item prices. Nessel said Five Below committed pricing violations at nearly 20 stores on 30 separate occasions, violating the Michigan Shopping Reform and Modernization Act and the Michigan Consumer Protection Act, a release from the AG's office said. Local : Comstock Township Planning Commission votes to recommend approval of BESS ordinance The Michigan Department of Agriculture and Rural Development (MDARD) issued 30 Shopping Reform and Modernization Act non-compliance findings at Five Below stores since June 5, 2025. Five Below 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. It's alleged Five Below has not fully completed these steps. From Aug. 3 to Nov. 5, MDARD documented over 18 instances where items labeled as $5 were allegedly charged $6 or $7 at the register, according to the AG's office. Charity : Battle Creek Fire and Police departments launch holiday toy drives: where to donate Currently, Five Below has until Dec. 15, 2025 to meet with the AG's office to explore an agreement for voluntary assurance of compliance. Failure to do so may result in litigation and civil fines. To file a complaint with the Attorney General, contact the Consumer Protection Team at (517) 335-7599 or by going online .
https://www.michigan.gov/ag/news/press-releases/2026/09/18/ag-nessel-secures-agreement-with-five-below-to-resolve-alleged-pricing-violations
LANSING – Michigan Attorney General Dana Nessel has secured an agreement with Five Below (PDF), resolving allegations that the retail chain’s scanners overcharged consumers at the register and that they failed to clearly display item prices. In November 2025, Attorney General Nessel sent a Notice of Intended Action to Five Below for allegedly violating the Michigan Shopping Reform and Modernization Act and the Michigan Consumer Protection Act at nearly 20 stores in Michigan on 30 separate occasions.

In June 2025, CEO Winnie Park said Five Below’s China shipments had resumed after an earlier pause tied to tariff threats, but higher tariffs were weakening margins; the company was scouting suppliers in India and elsewhere. Five Below and its AI vendor also credited inventory-planning improvements and products including Squishmallows with sales growth after a difficult year.

In favor AI & automation
Sources
https://www.inquirer.com/business/five-below-squishmallows-ai-inventory-tariffs-20250618.html
But Park warned of challenges ahead due to uncertainty over import costs. In early April, Five Below said it was stopping cargoes from China, which supplies more than half Five Below’s goods, in response to President Donald Trump’s tariff threats. Park said China shipments have since resumed but added that profit margins are weaker due to higher tariffs. The company is scouting new suppliers in India and elsewhere.

Five Below and former buyer Jessica Brennan resolved her claims that the company retaliated against her over planned maternity leave after firing her. A federal judge dismissed the case with prejudice in July 2025. The parties did not disclose settlement terms; the report also notes a jury could have viewed the company’s restructuring explanation as a cover.

Against Workplace equity
Sources
https://news.bloomberglaw.com/daily-labor-report/five-below-fired-pregnant-buyer-settle-sex-discrimination-suit
Five Below Inc. and a former buyer who was due to give birth soon after she was fired have resolved her claims that the company retaliated against her for her planned maternity leave.

OpenSecrets reports $4,447 in 2024-cycle contributions associated with Five Below, all from individuals—not the company—and says totals include subsidiaries and affiliates. The reported recipients included candidates, party committees, leadership PACs and outside groups; 69.08% went to candidates. The data was released February 6, 2025.

You decide Political spending
Sources
https://www.opensecrets.org/orgs/five-below-inc/recipients?id=D000087063
imore infoNOTE: The organization itself did not donate, rather the money came from the organization's individual members or employees or owners, and those individuals' immediate family members. Organizations themselves cannot contribute to candidates and party committees. Totals include subsidiaries and affiliates.
http://web.archive.org/web/20260318170116/https://www.opensecrets.org/orgs/five-below-inc/summary?id=D000087063
<table> <thead> <tr> <th>Recipient</th> <th>Total</th> <th>From Individualsimore info </th> <th>From Organizationimore info </th> <th>Typeimore info </th> <th>view</th> </tr> </thead> <tbody> <tr> <td>Harris, Kamala</td> <td>$1,945</td> <td>$1,945</td> <td>$0</td> <td>Candidate (D-PRES)</td> <td>Democrat</td> </tr> <tr> <td>Trump, Donald</td> <td>$994</td> <td>$994</td> <td>$0</td> <td>Candidate (R-PRES)</td> <td>Republican</td> </tr> <tr> <td>DNC Services Corp</td> <td>$490</td> <td>$490</td> <td>$0</td> <td>Political Party</td> <td>Democrat</td> </tr> <tr> <td>Democratic Party of Oakland County</td> <td>$324</td> <td>$324</td> <td>$0</td> <td>Political Party</td> <td>Democrat</td> </tr> <tr> <td>Philip A Hart Democratic Club</td> <td>$315</td> <td>$315</td> <td>$0</td> <td>Political Party</td> <td>Democrat</td> </tr> <tr> <td>AmeriPAC: The Fund for a Greater America</td> <td>$102</td> <td>$102</td> <td>$0</td> <td>LeadPAC</td> <td>Democrat</td> </tr> <tr> <td>Democratic Senatorial Campaign Cmte</td> <td>$50</td> <td>$50</td> <td>$0</td> <td>Political Party</td> <td>Democrat</td> </tr> <tr> <td>Forward Blue</td> <td>$35</td> <td>$35</td> <td>$0</td> <td>Outside Group</td> <td>Liberal</td> </tr> <tr> <td>Campaign for Democracy PAC</td> <td>$30</td> <td>$30</td> <td>$0</td> <td>Carey</td> <td>Democrat</td> </tr> <tr> <td>Shrewsbury, Zachary</td> <td>$18</td> <td>$18</td> <td>$0</td> <td>Candidate (D-WVS1)</td> <td>Democrat</td> </tr> </tbody> <tfoot> <tr> <td colspan="5"> Liberal/Democrat Conservative/Republican No View </td> </tr> <tr> <td colspan="5">View All Recipients</td> </tr> </tfoot> </table>

An Inc. report dated September 24, 2026, says Five Below has faced lawsuits over alleged knockoffs, including a 2025 suit by the maker of Stanley tumblers and suits concerning Sonny Angel dolls and Supergoop sunscreen. Five Below’s Junior Charm Clog sold online for $7, compared with Crocs’s $44.99 Kid’s Crocband Clog.

Against Corporate conduct
Sources
https://www.inc.com/chloe-rosenberg/crocs-suing-five-below-over-7-dollar-clog-winning-could-hinge-1-design-detail/91410092
The law firm Berenzweig Leonard posted a list of several lawsuits against Five Below, summarizing the retailer’s “dupe-driven strategy.” In 2025, the maker of the Stanley tumbler sued Five Below for selling a much cheaper “dupe” of its signature product. Similar lawsuits have been launched for alleged knockoffs of Sonny Angel dolls and Supergoop sunscreen.

A proposed class of consumers sued Five Below in federal court in Pennsylvania, claiming the retailer should direct any government tariff refunds to customers rather than companies. The case, Johns v. Five Below, Inc., was filed July 16, 2026. The available report does not provide further details or an outcome.

Against Corporate conduct
Sources
https://www.law360.com/tax-authority/articles/2502693/five-below-targeted-amid-wave-of-tariff-refund-suits
A proposed class of consumers has sued retailer Five Below, claiming the discount-store chain should direct money it receives from the government's tariff refunds to the customers since they, not companies,...
About & ownership
Legal name
FIVE BELOW, INC
Category
Diversified Retailers
Website
fivebelow.com
Stock listing
Nasdaq:FIVE
Former name
CHEAP HOLDINGS INC

Winnie Y. Park · CEO

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