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.
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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.
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 .
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.