Does Best Buy Have a 52″ TV for $9.99?
August 12th, 2009
Best Buy Ad
Today at almost every search engine on the web, one of the top search terms is “Best Buy TV for $9.99. But is there any truth to the too-good-to-be-true-offer?
The answer is no.
The retailer made a technical error on its Web site, listing a LCD television set that normally costs $1,800 for only $9.999.
A number of customers jumped on the offer and began to buy the $9.99 TV on the Best Buy site. The company has since corrected the error and has begun to refund customers.
Best Buy, however, has a policy that clearly states that it can revoke” offers and to “correct” any errors.
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Best Buy’s website states:
“The Best Buy Web site is created, operated and controlled by Best Buy in the State of Minnesota, United States of America. The laws of the State of Minnesota will govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.”
But a website’s Terms and Conditions cannot trump State laws…which is why their website terms are “governed by” the laws of Minnesota.
According to Minnesota Law:
“325F.67 FALSE STATEMENT IN ADVERTISEMENT.
Any person, firm, corporation, or association who, with intent to sell or in anywise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public, for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, label, price tag, circular, pamphlet, program, or letter, or over any radio or television station, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, for use, consumption, purchase, or sale, which advertisement contains any material assertion, representation, or statement of fact which is untrue, deceptive, or misleading, shall, whether or not pecuniary or other specific damage to any person occurs as a direct result thereof, be guilty of a misdemeanor, and any such act is declared to be a public nuisance and may be enjoined as such.
The duty of a strict observance and enforcement of this law and prosecution for any violation thereof is hereby expressly imposed upon the attorney general, and it shall be the duty of the county attorney of any county wherein a violation of this section shall have occurred, upon complaint being made, to prosecute any person violating any of the provisions of this section.”
So, the law explicitly states that “whether or not pecuniary or other specific damage to any person occurs”…”any such act is declared to be a public nuisance”…
The law requires the attorney general to “prosecute any person violating any of the provisions of this section” simply because the false ad was a public nuisance.
However, the law requires this “upon complaint being made”
My recommendation – if Best Buy does not honor their advertised price then file a complaint with both the Minnesota Attorney General as well as your home State’s Attorney General.
Your state law won’t matter. You will not get a TV if you ordered it. Again as stated by the online policy, they can revoke and correct any mistake. You agree to these terms and conditions when you use the site, and make a purchase. Sorry, you are just outta luck.
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Best Buy is one of the most well respected electronics companies nationally and I would say that if they want to keep their customers honoring this would be an admiral thing to do and would probably save the loss of customers. Customers are assets and the way they are treated from a customer service standpoint and standing behind the sale of your product is something that travels by word of mouth. In other words this could negatively impact Best Buys reputation. I am a loyal Best Buy customer.
Thanks
I work at best buy, and I think that those customers that are insisting they get this tv for that price are taking advantage of a typo,if we honored this typo, many hard working employees of best buy would be out of a job. If you wanted to. Get technical , it was a tv advertised on the outlet site which we do not pricematch. Plus it was a discontinued tv,every single store Texas were sold out months ago, the honorable thing is for consumers to understand that 9.99 for a 52′ LCD has to be a mistake and shame on all the customers comming Into my store yelling and screaming because theycouldnt get the tv, think about it,what if you had your house up for sale and forgot to move the decimal point, would you sell god house for 300 because that is what it is advertised for,or would you apologize for the typo and explain to them that 300,000.00 is what it’s appraised for and that’s what the listing offer is? I will tell you this though, we had that tv as a floor model(display) and offered it 200.00 below cost to try to make up for the outlet typo, and it still wasn’t good enough, I’m sure that all you customers out there that saw this are not that stupid to know that it was a mistake ………,.any questions? Please feel free to ask me,,, thanks for your time
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