Class Action suit alleges Best Buy conspiracy to avoid price matching

Circuit City might have lost the retail electronics battle recently but that doesn’t mean the war is over for Best Buy. This past week, a US District Court ruled to allow a new Class Action suit that alleges what is basically a company-wide conspiracy to prevent customers from taking advantage of Best Buy’s price matching policy. Some key contentions of the suit:

  • Best Buy had an undisclosed Anti-Price Matching Policy
  • Corporate headquarters disseminated the anti-price matching policy to regional managers, store managers, assistant managers, and necessary store personnel
  • Best Buy taught its employees how to deny price match requests in its training facilities in New York
  • Best Buy provided financial bonuses based, in part, on denying proper price match requests
  • Best Buy denied more than 100 proper price match requests per store per week

These are some pretty serious claims and to make matters worse, the plaintiff’s legal team has managed to get its hands on an alleged internal document written by a member of Best Buy’s Competitive Strategies Group that goes into detail with regards to tactics Best Buy employees might use to avoid price matching. Here is an excerpt:

Price Matches

It looms on the wall, on a 9 foot sign.  Our Price Match policy.  There it is plain as day in English (Y en espanol para los de usted que puede leerio.)  However, just because it is our policy, do we abide by it?  Does it really help the customer?

What is the first thing we do when a customer comes in to our humble box brandishing a competitor’s ad asking for a price match?  We attempt to build a case against the price match.  (Trust me, I’ve done it too).  Let’s walk through the “Refused Price Match Greatest Hits:”

Not same model?  Not in stock at the competitor?  Do we have free widget with purchase?  Is it from a warehouse club (they have membership fees, you know)?  Limited Quantities?  That competitor is across town?  We’ve got financing!  Is it an internet price?  It’s below cost!…

If you live in New York State and feel you’ve been wronged by Best Buy’s attempts to avoid matching a price for you, well, this is the US and you’ll probably want to get a piece. Michael Braunstein, the attorney for the plaintiff, can be reached at (845) 356-2570 or mbraunstein@kgglaw.com for info on how to get involved.

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139 Responses to “Class Action suit alleges Best Buy conspiracy to avoid price matching”

  1. 126
    backbeat says:

    @Antonio who said: “^ LMFAO. Lame response and you know it but hey to each their own.

    no there just wasnt anything worth to say. No matter what anyone says on here you belittle them or tell them they they are basically retarded without saying retarded.

    Your responses are that like the leaches who cling to every blog and forum they can find to find a real purpose in their life because they cant seem to fulfill their own.

    [*****]So they come here knowing they are behind a computer screen and they can now act like an ass/child/moron/or anything else because no one will be able to challenge them face to face. Its amazing how much “taller/stronger you feel” when you know you can’t possibly be physically hurt.[*****] Its just a screen right? What harm can anyone of us really do to you or anyone else’s ignorant comments? Not a damn thing. So again, its just pointless to continue.

    This country allows lawsuits for a lot of stupid things, especially in the realm of common sense, and you cant say that they don’t. The “look at you the wrong way” comment was a joke and I think most people would of got that. But it does illustrate a point. Any Guy/gal comes up with a quick way to make a buck, lawyer knows how to exploit the loophole or found something on a technicality. Lawsuit is born that most people would look at and say, “Are you fucking kidding me?”. The system is broken, has been for decades. The people are broken, and you are just another peddler who probably believes in the same chaotic conspiracy theories that have plagued many Americans for years. You yell it like a bloody wanker, unknowing and unquestioning followers come to your beck-and-call and now your life is complete.

    So don’t give Cheers to me. Here’s Cheers to you for finding an outlet that gives you a purpose in life.

    If Best Buy loses or wins this, no matter what, they are still a store that many will continue to shop. If they decide to just cancel their price guarantee policy than I’m sure others will be waiting to cry foul on that one and start handing out the lawsuits. No one is condoning the actions that are being alleged in this suit. Some have said, the memo is out of context. Others have said, “my store has never done this” while others talk about the terrible Best Buy experiences they have. If you have a policy you stick by it. If you don’t then you risk losing customers. That is their loss. They tell you they have a guarantee but they are not luring you into their store for it. If you think they are, then your an idiot and need to be slapped out of the trance. If they dont honor it, then go shop somewhere else. Its that simple. Its their policy. If you dont want to give them your money, then dont.”

    Attempting to hide your blatant insults within the body of a diatribe is cowardly. Just a thought.

    For the record, I’ve not chimed in on subjective experiences, nor on if BestBuy is a good place to shop. Instead, I’ve focused solely on the merit of this case. The same one which you continue to try and sweep under the rug [along with every other case you differ with]. On its face, this case has merit. The ‘memo’ is likely what I stated it is in my first post on this subject: Only that which Zach had access to. No one in their right mind has alleged that this case is based upon that memo.

    Your thinly veiled-threats [highlighted above] are laughable. I don’t ‘hide’ behind anything, a screen or otherwise. What I have to say here is exactly what I would say to you or any other internet clown, in person, over the phone, or otherwise. There is -no- reason for me to do otherwise.

    To your point that the business world operates by the ethics a NYC Shell Game, you’ve made it perfectly clear that you’ve never run a legal enterprise of your own making for a single day. You, nor no one, has the legal or ethical authority to publish purchasing terms, then devise undisclosed methods of screwing your customers’ access to those terms, which is the basis for the case against BestBuy. Fairness and responsibility are the means by which success is made. When I purchase, I do not “give them my money”, I make an equitable transaction based on the disclosed terms I’ve agreed to. You simply don’t get that fundamental fact which you’ve highlighted numerous times. Furthermore, we get it that you simply don’t. ;)

    Up next from you [or your closely related buddies]… More personal insults … And the downward cycle goes …

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  2. 127
    Antonio says:

    insults were at least funny. And those werent threats. Just funny truths.

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  3. 128
    backbeat says:

    @Antonio who said: “insults were at least funny. And those werent threats. Just funny truths.”

    I’m sure in fake-genius-world, it was hysterical. I’m -still- laughing at you. :)

    Cheers!

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  4. 129
    Jake123 says:

    Like an earlier poster said, if ABC company has a better price, why are you not buying it there? Because it’s out of stock, your not a member of the warehouse, or you don’t want to wait a week for it to come in the mail. Unfortunately, appears that customer service doesn’t mean doing what is right, it means living up to the customer’s unreasonable request or be labeled non-customer service oriented or a poor company. Grow up, and buy from the ABC company if it is such a great deal there.

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  5. 130
    Eh? says:

    @backbeat

    * You demand proof from people yet never provide any of your own.
    * You are fast and free with your personal insults yet get highly defensive if someone dares to throw one back at you.
    * You offer absolutely nothing additional outside of regurgitating what little is known about this lawsuit, yet get all over the case of anyone actually contributing clarity (feeling threatened much eh?)

    Like any lawsuit, there is likely enough preliminary evidence for the court to warrant a trial, even enough for a class-action suit. Then again, however, class-action suits seem to come fairly easily these days. Now the lawsuit will go into the discovery stage where both sides will gather as much evidence as possible to bolster their cases.

    Until such time as the case goes to trial, common sense suggests it would be better to wait until the REAL facts have all come to light (not some supposed ‘facts’ gleaned from what appears to be a highly doctored leak source) to make a final judgment for oneself.

    The bait and switch argument is a weak and tenuous one at best, and if the plaintiffs have found a way to make it work in their lawsuit, they will still have an uphill battle trying to sell it to the courts. Remember, just because a case is authorized to go to trial, doesn’t mean that it can’t be dismissed once all the facts are in, or that they might still lose as their case just isn’t strong enough to warrant their claims. Just because it goes to trial doesn’t mean it’s a foregone conclusion that what the plaintiffs claimed actually happened.

    However, as for you backbeat. You are the very definition of an Internet Troll, a little kid to be patted on the head and exclaim “awwwww….isn’t it cuuute?”

    Begone, little one….

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  6. 131
    backbeat says:

    ^As I previously stated, my focus has been the merit of the case, -not- if BestBuy is a good value, nice experience, etc. Those things are immaterial. Also, as I’ve previously stated -on this page- is the fact that this case is not based upon this leaked memo. Only a fool, such as yourself, would even consider postulating that it is.

    Until your trolling brethren decided to take me on personally, my sole comments were about the case. Their weak attempts to make this thread about personalities failed miserably. Such is the way of the purebred Troll.

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  7. 132
    Laurie P says:

    Christmass 2007 – I opened an account with Best Buy to purchase my husband a 32″ flat screen TV, 0 interest rate if paid within a 12 month period.

    After the first 2 payments, I noticed that small monthly charges were being added to my bill (4-5.00). I called, (India answered). They said that I had purchased credit life and these were the monthly payments. I told India to re-check my account, because I had not made that purchase. They immediately came back and said that they would remove the charges, which they did. Several months went by and again charges were added to my statement. Again I called, (India answered). At this time, I owed $300.00. I told them to come up with my payoff and to alliviate any more stress (from both of us), I was going to pay off the balance, which I did.

    We throw away all Best Buy ads and have never gone back into the store.

    Laurie – Houston Texas

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  8. 133
    Nieves Schehl says:

    I completely disagree with the negative comments. Best Buy has been more gracious in price-matching.

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  9. 134
    peterrabbit says:

    ^u must be on their payroll.

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  10. 135
    Chris says:

    I think we would all agree that a company of Best Buy’s size (1,000+ locations) has its fair of good and bad stores. It’s impossible for a store with 100,000+ employees doesn’t have some unethical and poor mannered associates. I’ve had some wretched, horrible experiences with incompetent Sprint associates in the past; while those associates are representatives of the company, I do not make the judgment the Sprint itself is an evil, cheating company.

    Best Buy is no different. I have no doubt that some stores are being scandalous and unethical in issues such as the Price Match Policy. However, it has also been my experience when reading stories like this that often times it is the customer that is misinformed or makes assumptions about the policy. As mentioned, the item must be the exact same model as the one being matched. Why? Because different models have different features and functions; yes it may be as little as an extra HDMI port or something, but it’s still benefit. Often times managers will make an EXCEPTION and still allow it in this case; they are not obligated to since it’s outside the policy but they choose to. There are obvious numbers being crunched before they authorize it (essentially will they still break even or turn a profit). If they won’t, why should they make an exception if it’s going to cost them money? I think everyone would agree it’s a bad business decision to sell a product for less than you paid for it. And don’t give me the argument about the size of Best Buy; it’s a business, not a non-profit.

    Why won’t they match online competitors? A few reasons. First, you’re not able to get the item for several days and often, but not always, have to pay extra for shipping. If you really want the item ASAP you’ll have to pay for the convenience of getting it same-day. Also, online company’s have competitive edges over brick and mortar store’s since they don’t have nearly as much overhead that Best Buy does. There are extra costs that Best Buy must account for because it has physical locations. That being said, online competitors are again a case-by-case basis. They don’t have to match it, but sometimes will make an exception.

    People see the title “Price Match Guarantee” and often make poor assumptions. I have yet to have an experience at any of the Best Buy’s I’ve shopped at where I was given a hard time or hassle about the policy. As long as my request is within the guidelines, they are happy to oblige.

    Now, I’m not defending the actions of the unethical managers and staff. If they are truly avoiding matching the correct policy or are purposely mis-training their associates, then it is definitely a problem and needs to be address. If the managers at the store are acting in this manner, go to their District Manager and file a complaint. Tell them what you had tried to do and why it was denied. Do not exaggerate or lie, because it will only discredit your issue.

    Bottom line: Best Buy isn’t the evil warlord of electronics retailing. It has some bad apples, but every company does. If you truly dislike the company and feel they are out to screw everyone, there are many other electronic companies that would love your business.

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  11. 136
    JW says:

    BB isn’t all that bad. Geek squad is a rip off with all their useless warranties. 3 weeks to fix something that takes 1 day to fix. Thats if they don’t lose or steal your item. Someone can run a big business going in there and taking away all their customers with custom business cards telling customers truth on how long it truly takes to fix something. Their CC is such a scam. They will charge you a late fee even if you are 1 day late while making minimum payments. A $39 late fee is a bit ridiculous if you ask me. I pay all my bills on time this was just a bad timing error on my part but I have never in my life paid a $39 late fee. Be warned the no interest no payment is a scam. There is a minimum monthly payment if you don’t meet it you will be hit with a late fee. I didn’t know false advertisement was legal these days. The cables in there are way too overpriced like the other guy said. Do not go in there to get any sort of cable you will pay an arm and a leg. I am kind of concerned about making future purchases from there now.

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  12. 137

    they don’t stand behide nothing I fell in best buy in 2004 and I got very hurt and I have not got anything from them not even medical bills. They have hired $350.00 hrs. lawyer and they have put me though hell the have brought up things that have nothing to do with the cast. There was water on the floor but they still don’t won;t to settle. they have push me to trying to kill myself and I lost everything I have worked for. I think that something should be do about them they make me like I not even a human.

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  13. 138
    David says:

    What state are you from? I think that lawyers are investigating claims like this in California.

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  14. 139
    Kevin's says:

    I worked for Best Buy as well, and I wasn’t ever informed about the price matching thing, but I know for a fact that they bait and switch. They’re very careful about rain checks etc, but they definitely limit the quantity of any thing they advertise and most of the time it’s not mentioned in the ad. Of course they’ll issue a raincheck, but for only $XXX more you can get the upgrade, so most people don’t worry about it. Also, most people don’t realize about the raincheck thing.

    I’m like most people I guess, I’ll shop with BB when buying stuff I can’t find at other shops.

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