NEWARK – To promote a spooktacular Halloween shopping experience in New Jersey this year, the Division of Consumer Affairs (“Division”) conducted compliance inspections of Halloween “pop-up” stores throughout the state to ensure these temporary seasonal retail outlets are abiding by the laws designed to protect consumers from fraud and deception.

Next to Christmas, Halloween is the biggest shopping holiday of the year, with consumers across the country expected to shell out $11.6 billion for costumes, decorations, candy, and greeting cards this year, according to the National Retail Federation’s annual survey. Much of that money will be spent at pop-up stores that began appearing in rented commercial spaces several weeks before Halloween and will disappear long before the trick-or-treat bags are empty.

“The arrival of Halloween pop-up stores and other temporary, holiday-themed shops are a source of excitement and anticipation for New Jersey shoppers, but when it comes to consumer protection laws, there’s nothing novel about them,” said Attorney General Platkin. “Just as we do with traditional retailers, we expect pop-up stores to abide by the laws requiring fairness and transparency in our marketplace. And just as we do with traditional retailers, we will work proactively to ensure they do.”

Compliance inspections of New Jersey’s Halloween-themed pop-up stores got underway on September 20, 2024. As part of a collaborative effort, investigators with the Office of Consumer Protection (“OCP”) checked to make sure that prices were clearly marked for all merchandise in the store and that return/refund policies and credit card surcharge fees were prominently posted, in compliance with New Jersey’s Consumer Fraud Act (“CFA”). Meanwhile, inspectors with the Division’s Office of Weights and Measures (“OWM”) checked to ensure the prices displayed for items on the shelves matched the prices the items scanned for at the register, in compliance with the state’s Weights and Measures Act.

Of the stores visited during the two-week inspection initiative, OCP investigators found no violations of the CFA. Of the more than 1,400 items scanned by OWM inspectors during their visits, only two pricing discrepancies were found, for which warnings were issued.

“We invite consumers to shop with confidence this Halloween season knowing we’re looking out for their financial interests,” said Cari Fais, Acting Director of the Division of Consumer Affairs. “We also urge shoppers to keep in mind the temporary nature of pop-up stores.  Because these stores come and go in a flash, the window to return items, seek refunds, or conduct other in-store transactions can close very quickly.”

Tips to Avoid a Frightening Shopping Experience at Halloween Pop-up Stores 

• Ask store personnel how long they plan to occupy the building. If they can’t give you a clear answer, consider that a major red flag that the store may not be on the up and up.

• Ask how you would be able to contact the store once it leaves, perhaps by website or an alternate address.

• Ask for specific details on returns. What types of merchandise will the store take back? Are unworn costumes returnable after October 31st? Will you get a full refund or store credit? How is store credit redeemable after the shop has closed for the season?

• Fully inspect and try on costumes before leaving the store. Halloween stores are busy places and mix-ups occur.  Don’t assume that the merchandise inside the box matches what’s on the label.

• Save all your receipts and pay by credit card if possible so you can dispute unsatisfactory purchases through the card’s issuer.

• Shop at stores that have a proven track record of returning to your town year after year.

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