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  #1  
Old 07-23-2007, 08:54 PM
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Join Date: Jul 2007
Posts: 2

I feel my rights as a consumer have been violated.


What is the name of your state? California

I found information on an open forum about a laptop(Model #MT6456) on clearance at Best Buy.

I checked with a local Best Buy in Northridge, and I found out that the Santa Maria(1 store had 9 in stock. I asked the representative if he could hold the items for me, but he responded that it was <b>first come first serve</b>, so I made the drive up with a friend with the intention of purchasing the remaining quantities.

When I arrived, I asked an employee searched the inventory and he found that 9 were still there, so I asked to purchase all of them. He said he would have to check with his manager, and came back with an answer saying that I was not allowed to purchase that many laptops. I asked him to call the GM over to explain to me why.

I waited in the Computers area for quite some time, and then I had to ask another representative to page the GM, but the GM never came, so I went to look for him. When I found him, without saying anything, the first thing he said to me was <b>“I can’t sell you more than 1 laptop each,”</b> and walked away.

I followed him into the Customer Service area, where he finally stopped.

I asked him to see the policy stating that I could only purchase 1 notebook, and he just repeated that it was store policy. I kept asking him to show me in written documentation where it states that there is a limit of 1 laptop of this particular model, or 1 laptop in general. He then pulled out an ad, pointing to different notebooks in that ad that stated Limit 1 per household.

I asked him to show me where it stated that I could only purchase 1 model of the MT6456, and he said that it was just store policy, but would not provide me with any written documentation.

I questioned him about what authority he had to prevent from purchasing what a store had available in stock and ready for sale, which was also advertised as first come first serve, and provided him with the example of if there was a mistake in an ad, the store would be required to honor what is stated in writing on the ad, and "store policy" would not overrule any written statement by the corporation.

I argued with him for quite some time, and I finally asked him for his name, store number, and Best Buy corporate’s number. He stated that it was after hours and don't even try calling, nobody would be there. I called, sure enough someone picked up, and after speaking to two sales representatives, I was finally connected to someone in customer relations, who told me that there is nothing in the policy that would prevent me purchasing the quantities of laptops.

The representative then spoke to the General Manager, and then told me that since he could not say anything to sway the manager from *his* "policy," and that Best Buy takes all complaints very seriously, he would file a complaint for me. I was disconnected, and when I called back, I left a message for the representative asking him to update me on the complaint, but I never heard back from him.

After that, another manager from the computer department decided that he would only sell me, and my friend from a different household, 1 laptop for the both of us. He told me his reasoning was that I was probably going to sell the laptops after I bought them, and that would hurt Best Buy.

I came to buy merchandise, the representatives showed me the inventory stock stating that 9 were in stock and available for purchase. I am a paying customer, and I feel I should have been able to purchase what Best Buy had for sale, unless I am shown written documentation that states I can only purchase 1. <b>I also do not understand why they could prevent my friend from purchasing a laptop.</b>

I spent a lot of time driving to the store after being <b>falsely advertised</b> about a first come first serve, a lot of stress in the store being ignored, avoided, speaking to the manager, speaking to corporate(who found no evidence that I was wrong), being avoided again, speaking with the managers, and ended up being denied service that would be provided to other customers.

I am looking for advice on how I can pursue further action beyond a complaint.
  #2  
Old 07-23-2007, 09:50 PM
Member
 
Join Date: May 2007
Posts: 682
You're probably referring to this CA law:

17500.5. (a) It is unlawful for any person, firm, corporation or
association to falsely represent by advertisement the quantity of any
article so advertised that will be sold to any one customer on his
demand in a single transaction, and willfully or negligently to fail
to include in such advertisement a statement that any restriction
that is in fact put upon the quantity of any article so advertised
that is sold or offered for sale to any one customer on his demand in
a single transaction.
(b) Any person, firm, corporation, or association who, by means of
such false or negligent advertisement or publicity, induces any
individual retail purchaser and consumer to enter any place of
business designated therein seeking to buy any article so advertised
or publicized, and then refuses to sell to such person the article at
the price advertised in any quantity then available for sale on said
premises, shall be liable to each person so induced and refused, for
the losses and expenses thereby incurred, and the sum of fifty
dollars ($50) in addition thereto.
(c) Nothing in this section shall affect any right a seller may
have to refuse to extend credit to a customer, and this section shall
not be applicable to a customer purchasing for resale
.
(d) The provisions of subdivision (b) are applicable only to
actions brought in the name of, and on behalf of, a single plaintiff
and shall not be applicable in multiple plaintiff or class actions.


So, you could sue Best Buy for $50, and for other expenses incurred, which most often is probably the difference between the advertised price and the price you paid elsewhere for the same item(s). However, you'll need convince a judge that you were buying the laptops for your own use, and were not planning on reselling them.

Last edited by BoredAtty; 07-23-2007 at 09:53 PM.
  #3  
Old 07-23-2007, 09:54 PM
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Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,204
But, the laptop was on clearance, not advertisied for sale.
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  #4  
Old 07-23-2007, 10:05 PM
Member
 
Join Date: May 2007
Posts: 682
Quote:
Originally Posted by moburkes View Post
But, the laptop was on clearance, not advertisied for sale.
If the item was not advertised at all, then I suppose the section of law I quoted is inapplicable. We weren't given enough info to make that conclusion, however.

Either way, I don't think the buyer has a very good argument.

EDIT: Elsewhere in the chapter of law I quoted is this: "[...]to make or
disseminate or cause to be made or disseminated from this state
before the public in any state, in any newspaper or other
publication, or any advertising device, or by public outcry or
proclamation
, or in any other manner or means whatever, including
over the Internet, any statement, concerning that real or personal
property[...].
"

At the least, the OP can try to argue that he heard about the price via public outcry or proclamation once he spoke to the clerk. Don't know how successful that would be.

Last edited by BoredAtty; 07-23-2007 at 10:41 PM.
  #5  
Old 07-23-2007, 10:10 PM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,204
Most clearance items are not advertised. And the forum that he is speaking of posts deals that are not necessarily known to the general public. Someone found an awesome deal and told other people about it.

In most cases, stores are allowed to restrict the quantity purchased.
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