Print this article  |  E-mail this article  |  Comment on this article

Best Buy Sued Over Dual Web Sites

By Ed Oswald, BetaNews

May 24, 2007, 3:58 PM

Electronics retailer Best Buy is facing a lawsuit over deceiving customers into paying higher prices once in store by having two Web sites, one accessed by employees and another available on the Internet.

Connecticut Attorney General Richard Blumenthal accused Best Buy of "bait and switch" tactics and sent a complaint to the company on May 18. If no response is received by June 13, Blumenthal said he intends to file suit against the company.

The complaint asks Best Buy to refund money to consumers, as well as pay penalities and court costs, among other remedies. Additionally, the retailer must agree to stop the practice altogether.

Blumenthal's letter ends a two month investigation into the company, which was spurred by a report in the Hartford Courant. That story recounted the experience of a state resident who paid $150 more for a laptop in store that was advertised for less on the BestBuy.com Web site.

The man said the site the employee showed him looked exactly the same as the true Best Buy site, except for the price. After the report, the Attorney General's office received 20 more complaints alleging similar experiences.

Best Buy has previously responded that the company does have two Web sites, but its policy is to offer the lowest price unless it is specifically noted as an "online special."

Add a Comment (60 Comments)

BetaNews reserves the right to remove any comment at any time for any reason. Please keep your responses appropriate and on topic. Foul language and personal attacks will not be tolerated.

Name (required):

E-mail (required):

Enter Your Comment:

By trudelle

edited Jun 30, 2007 - 2:30 PM

Fry's Electronics also practices blatant Bait & Switch tactics. I went to their Sunnyvale store yesterday (6/29) to buy a Palm TX that was advertised in yesterday's San Jose Mercury News as selling with a 2GB SD card through 7/3, specifically listing that store. Despite examining the ad posted on the wall, the manager, after lengthy delay to find the "right item" (Palm makes only one TX model), ultimately said "you get the one without the card". They had the Palms in stock, as well as the cards pictured in the ad, they just refused to honor the terms of the ad. I was a regular customer of theirs for 18 years, but will never shop there again.

Score: 0

By Somnambulator

posted May 28, 2007 - 2:59 AM

circuitcity, officemax, and most other retailers honor all their own online prices with none of the 2-site BS. im not sure this constitutes bait and switch, you dont have to shop at best buy (especially considering many stores price match with little to no questions asked), but it is definitely shady. why someone would pay $150 more in-store over the same company's online price is beyond me, and that person deserves to get ripped off. if you're not a smart shopper, i have no sympathy for you paying too much. there's definitely ways to get things cheaper in B&M retailers than walking in and buying whatever's on the shelf at whatever price they tell you.

Score: 0

By GoodThings2Life

posted May 26, 2007 - 12:47 PM

As I've seen mentioned elsewhere in the comments, there is no guarantee that in-store prices will/must match online prices. So, why is this a big deal? In the case of this article, the $150 saved online will just be spent on shipping, so really the in-store increase is more or less a convenience charge since they had to ship it and store it pending its sale.

Regardless, the lesson that should be learned here is this:

If it's cheaper online, buy it online. If it's cheaper in-store, buy it in-store. If it's cheaper at another store, buy it at another store.

It's a simple concept called smart consumerism. Learn it. Live it. Love it.

Score: 0

By k12-IT

posted May 28, 2007 - 11:30 PM

"As I've seen mentioned elsewhere in the comments, there is no guarantee that in-store prices will/must match online prices."

That's not the problem, try reading the article please.

The problem is that the online site via the internet stated one price. When quoted the online price by the customer, the employee pulled up a Best Buy site that they said was the online store, but was not. It was a special site that the employee misrepresented as the one the customer had been on at home. That is bait and switch. It had nothing to do with price online versus the store price.

Also, as the article states Best Buys policy is "to offer the lowest price unless it is specifically noted as an online special."

Score: 0

By vinchinzu

posted May 26, 2007 - 6:44 PM

So you see no problem then? Interesting.

Score: 0

By bobthegoat2001

posted May 26, 2007 - 4:12 AM

Best Buy? How ironic.

Score: 0

By Ramhound

posted May 25, 2007 - 4:32 PM

[Quote]You can IGNORE the exit inspectors. By law they cannot compel you without just cause (and no, telling them to get lost is not one of them). It's called unreasonable search and seizure.[/Quote]

Its private property, I have my doubts, and its not "unreasonable search and seizure" if they have just cause.

Score: 0

By jrizznit

posted May 26, 2007 - 3:32 PM

"Private property" does not equate to "sovereign nation."

Did you sign a contract when you entered the store? Did it state that they have the right to search you at any time? No, you didn't, and they don't.

In order to detain you they have to observe you trying to take something out of the store without paying. The word "observe" is very important, as in you cannot replace it with the word "suspect."

Don't believe me? Just ask them.

Score: 0

By psm1005

edited May 25, 2007 - 12:33 PM

I would never defend Best Buy, I never buy anything major from them. There is a line at the bottom of their website that should be noted.

"Online prices and selection generally match our retail stores, but may vary. Prices and offers are subject to change."

I don't know when this was added or if it has always been there. But it is there now.

Score: 0

By SGD

posted May 25, 2007 - 9:21 AM

I think a bunch of you are missing the point. The store brought up the so called web site and the price was different then what the customer saw online him or herself. The problem is that the store had a duplicate identical site minus the price and that is illegal. If they state this is the web site that you saw the price on that is therefore a lie. That is deceptive advertising plain and simple. Frankly I find much of their busniess tactics appauling. They have ten registers open to buy something but one for returns. The return person will go out of their way to find a way to accuse you of opening the problem and deny a return. Oh and did I mention that you get your choice of these free magazines! Good luck with that one. You really need to buy the protection plan for that cd, dvd. You should also buy this warranty for 20% of your purchase price. To me pushing a warranty as hard as they do means they admit to selling garbage and its going to break. I know its all about profit but they push way to hard.

Score: 0

By krgood

posted May 25, 2007 - 7:01 AM

You have to watch what you buy at BB, they often simply repackage retruned items and put them back on the shelf. I recently purchased a S..y Dvd/VHS player, did not work out of the box, took it back for return. I placed a small mark on the box so I would know if it was placed back on the shelf as new. Returned a few days later and the box was back on the shelf packaged as a new item. I asked a salesperson if this was a new item, and he said yes, they had just received it. I asked him what he would say if I could prove that it was a returned item. He told me that was not possible and just walked away...I just left the store...I wont buy at BB on or off line...

Score: 0

By karmicwizard

edited May 27, 2007 - 7:41 AM

I feel ya,,my wife purchased a motherboard for my birthday,when i opened the package the board was used and not what was supposed to be in the box,BB refused to accept it back because the serial on the box didnt match what was in the box,,they did not inspect it prior to sale,needless to say, the wife pitched what only a woman could pitch and got her money back. now this BB does not sell motherboards anymore......HHHHmmmmmmm

Score: 0

By speedmeister

posted May 25, 2007 - 12:29 PM

While it it is definitely shady that they would sell returned items as new. I would find it a little more disturbing that items were placed on the shelf that are believed to be bad.

While I hate BB I have to say that some customers aren't too bright when it comes to finding things that have been returned. For example, while working at the local Microcenter I had one man that insisted that a USB was 'used' becaused it had an excessive amount of dust on it even though the cable was tied perfectly and looked in fine shape. Similarly I have seen all sorts of items that were poorly handled in shipping that are in boxes that are badly beaten up but are still new in the box.

Score: 0

By Red_Vader

posted May 25, 2007 - 6:26 PM

I love the way they push optical cables with gold ends, because it gives you a better elctrical connecttion.

Score: 0

By bobthegoat2001

posted May 26, 2007 - 4:04 AM

That's kind of funny. I didn't even know they did that.

Score: 0

By ZenWarrior

posted May 25, 2007 - 7:00 AM

BB hasn't changed since this story came to light. I still experienced an attempt at bait-and-switch just last week. Caveat emptor!

Score: 0

By pozgayboi

posted May 24, 2007 - 10:01 PM

Here's an idea! Take a printout from your home computer with you as proof to what you saw at home. That way, there's no question when you get to the store.

Score: 0

By Babylon2x

posted May 25, 2007 - 1:46 AM

But as far as I know, there isn't anything stating prices listed on a website have to match the prices in store.

It's the same way two different premises for exactly the same company chain can price the same item differently or have different offers/spcials (and I've seen it done).

Score: 0

By PostDeals

edited May 24, 2007 - 11:23 PM

Does not always work, some store managers are very stingy especially if the price difference is over $20 - $50 then they will check their site and prove you wrong.

I liked BB out of CC, Compusa, Walmart etc. but even BB has let us down.

CC have incompitent staff.
BB cheats customers
Compusa are closing
walmart - sux, need I say more.

What choices do we have? Luckly I am in south so I have Fry's and Microcenter.

Score: 0

By bobthegoat2001

edited May 26, 2007 - 4:07 AM

newegg.com
amazon.com

Score: 0

By RootWebGod

posted May 27, 2007 - 2:35 AM

My thoughts on that:

Amazon, OK, but Newegg is not the end-all solution for online electronics purchases. I am rather tired of hearing morons think Newegg is so great; I've bought from them and will in the future, but I would not blindly trust them as a sole source without shopping around first.

Try using the following to get a better idea of what online stores have the best price; many of them list their prices on sites such as the following two:
http://www.pricegrabber.com/
http://www.pricewatch.com/

Score: 0

By horsecharles

edited May 24, 2007 - 8:06 PM

BB is horrible-- when they hold super sales, salespersons will actually refuse to sell you a system if you don't buy high-markup addons & extra warranties alongside....Also, when they have a store goal to sell a particular model, they'll lie about the features and quality of competing models(until the cycle comes around to push one of those competing models).

Furthermore, what is this opportunistic & Stalinesque inspecting of all packages upon exit??? What's even worse is how they go about it: in one store in NYC, say they have four escalators upon entering-- normally they should be configured 2 up, 2 down...but they have them at 3 up & 1 down, along with reserving all front doors but one for exiters(to inspect outgoing packages)..AND IF they don't have enough inspectors to man all doors, they just lock the extra ones-- don't even allow them to be used for entering the store...resulting in all persons wishing to ENTER the store to have to cram through one very slim door & narrow escalator...takes almost 5 minutes for the cattle to reach the downstairs main floor. Worse, they do display a few products on the first floor, but seldom staff it with cashiers, making you go down to sublevel to pay, then back up to exit-- & make sure you don't put away your receipt, you won't be allowed to leave until you present it.

Oh, and did i mention their horribly slow delivery service for heavy items like a home projection system(need to make a reservation for some open future date-- have met with 89 day wait until the first available opening)? Or their deceptive advertising: Most specials re home theaters are only applicable if one purchases additional installation service...which often negates the discount. Or their inept & price-gouging Geek Squad that often leaves a computer sytem in worse shape, slowed down by unnecessary resource-hogging apps & adware?

They're not labeled Worst Buy for nothing.

Score: 0

By stagebrace

edited Jun 23, 2007 - 1:04 AM

Call the fire departments inspector anytime you find an EXIT door locked during business hours. Once the fire inspector shows up the doors will be unlocked or they will close the store down.

Score: 0

By flake

posted May 25, 2007 - 9:40 AM

You've obviously never worked for a retail company. Shoplifting is one of the biggest challenges a brick and mortar store faces

Score: 0

By horsecharles

posted May 27, 2007 - 6:26 AM

Uh, yeah...since brick was invented. Why now, in the face of today's RFID, etc. world do all of a sudden Fascist security policies have to surface?
Why do more-vulnerable outfits like Bloomie's, Macy's, Zales, etc.(not to mention direct competitors like Office Depot) eschew those practices?
That a Home Depot does it(& not all locations do it) is more understandable-- not all their merchandise can be feasably tagged, they have self-checkout, etc..

What's most egregious about BB is that you often have to get in line to BOTH exit and enter(besides the checkout line) because of the way their inspection system's set up.

Score: 0

By vcorvinus

posted May 25, 2007 - 1:16 AM

Ever heard of the Constitution? You can IGNORE the exit inspectors. By law they cannot compel you without just cause (and no, telling them to get lost is not one of them). It's called unreasonable search and seizure. I'll leave it as an exercise to you to figure out which amendment in the Bill of Rights. I refuse to surrender my rights for a totally useless stunt.

Score: 0

By dhjdhj

edited May 25, 2007 - 9:34 AM

Cool - now we have your opinion, please indicate where this is actually defined by law AND show proof that a store which you are leaving is not entitled to confirm you didn't steal anything.
I'm hoping you're right but the constitution is normally about things that the government may not do. For example, I haven't been in a BestBuy for a long time (probably never will) but I bet there's a sign in there (at the entrance) that states that BB has the right to search your stuff. Since you don't HAVE to go into their store if you don't acknowledge that right, then they may indeed have the right to search as you have accepted their conditions if you DO enter.

Score: 0

By jshurst

posted May 25, 2007 - 11:29 AM

I don't know what the law says, but I used to work for a retail chain and this is my experience. Even when we thought that someone "might" be shoplifting we had to be absolutely sure or else the head of security would not check them. They said that if you search someone and they didn't have anything that the store could be sued. They also had to let the person leave the store first, because technically you haven't stolen anything until you are out of the store.

Best Buy is shady...

Score: 0

By jrizznit

posted May 26, 2007 - 12:13 AM

I used to work for BB, and I can confirm that they absolutelty cannot stop you unless they know (generally) what you've got and what pocket it is in. They are not allowed to do a general search or a pat down.

Score: 0

By vcorvinus

edited May 27, 2007 - 10:05 PM

Ultimately, it comes down to this: stores don't have the right to try, convict, and imprison. Regardless of the store's policy or inspector's suspicions, any legal action must ultimately come to a Gov't juridiction and the only way they can sanction that behaviour is by violating the 4th amendment(you should have looked it up). So, yes stores and private entities are still subject to the "Law of the Land." They can declare any "right" they want, they just can't enforce it if it's illegal. One other thing, If you sue it can be for defamation or false imprisonment. No opinion, just fact.

Score: 0

By extremely well

posted May 24, 2007 - 6:20 PM

Hahahaha the ****ers tried to mess with me one time with this s***, but I wouldn't let them. See, I was 100% sure the price I saw online FIVE MINS AGO was cheaper. It was a case of my mom calling me asking me to buy a calculator SOS as a gift for someone who's flying overseas the next day. Anyway, the reps obviously showed me the "best buy" site which had a more expensive price ($10-$20 more). But I thought to myself: what is the damn chance that the price increased in 5 mins? Impossible... I voiced this out loud to rep who didn't say anything but I was extremely suspicious they "have a bug" or "have a proxy caching problem". Then at cashier I demanded to speak to a manager so they know I'm going home after the purchase (at higher price), print out a copy of online price AFTER RE CHECKING, and coming back for refund. I just wanted him to save me the time and effort. The guy immediately gave me the lower price WHICH I TOLD HIM WHAT IT WAS. Didn't even squint.

Score: 0

By AntiochMedia

posted May 24, 2007 - 5:55 PM

I really hate this about Best Buy and electronics stores in general. Fry's electronics for the longest time (and still?) have different online prices.

Score: 0

By speedmeister

posted May 25, 2007 - 11:55 AM

Still does. However, the bottom of frys.com states "Frys.com prices good for online purchases only. In-store items and prices at Fry's retail locations may vary." Funny how so many BB shopper will critique Fry's as being deceptive in their pricing. There is nothing illegal about having online only prices. Many retailers that have sell both online and at retail store fronts do so. Provided that is is clear that the pricing applies only to the website I don't see how they could run afoul of consumer protection laws.

I am not sure why the concept of having different pricing online really bothers you. Provided that their advertising makes it prominently clear that the pricing is exclusive to their online site I wouldn't really be annoyed. Given the higher costs in running a retail store front(higher labor costs, greater theft, higher rents/mortgage payments) it shouldn't be that surprising. For some people such an arrangement is a win-win. The customer gets more help selecting an appropriate product than they would at an online site, a better return policy, and the retailer can make more money.

Score: 0

By siryak

posted May 24, 2007 - 5:42 PM

I always shop at Circuit City instead anyway. The guy in the computer section can tell who I am over the phone lol =p. TV department always recognizes me too =0.

Score: 0

By speedmeister

posted May 25, 2007 - 12:08 PM

That's surprising. The last time I went into a Circuit City I had trouble finding anyone. Not that I was going to buy anything that day.

Circuit City has their own share of problems. They fired 3400 of their more experienced employees to reduce labor costs. Their sales are sluggish and they had negative earning. The general trend doesn't look too promising. A pretty significant section of their store is dedicated to CDs and DVDs which is exactly. Over the next 5 years the number of people buying those items is going fall off dramatically. In a few years they will be in the same position that CompUSA is in.

Score: 0

By PostDeals

posted May 24, 2007 - 11:20 PM

most circuit city stores I go to have incompitent people. They told me VIZO TV is better than Samsung and no need spend the extra $$$ when the VIZO they showed me looked horrible. They are like you can fine tune it dont worry. I guess they were trying to meet their quota on that.

Score: 0

By vinchinzu

posted May 24, 2007 - 5:40 PM

I'm personally appalled by Best Buy. I always liked them more than Circuit City, but now I'm not sure. That's pretty shady.

Score: 0

By DeadFly

posted May 24, 2007 - 5:32 PM

I am shocked that most of you people are defending BestBuy! The problem wasn't a misunderstanding between "online only" deals (which are clearly labeled on their site) and in store regular prices. There were several cases and it appeared to be a deliberate bait and switch situation.

Score: 0

By Black-Wolf

posted May 24, 2007 - 4:57 PM

charivari case.

another idiotic person!!

Score: 0

By Program86

posted May 24, 2007 - 4:55 PM

Typical Best Buy, did you expect anything else from them? LOL

Score: 0

By TheRecklessWanderer

posted May 24, 2007 - 4:35 PM

wouldn't the whole price protection thing come into play here. Best buy has that policy right? Still it's not very nice.

Score: 0

By Babylon2x

posted May 25, 2007 - 1:43 AM

I don't believe there's anything stating a price listed online has to be the same as the the prices in store. You might be right, however. I try to avoid delving too deep into laws.

Score: 0

By Comit

posted May 24, 2007 - 4:21 PM

So...he gets a price...goes to the store...sees that its $150 more, and he still buys it, then decides to sue? Riigghhtt...

Score: 0

By scorp508

posted May 24, 2007 - 4:56 PM

Easy. He probably said "I thought it was $150 less?" so the BB dweeb brings up their intranet site and points out "nope, the price is right here."

Score: 0

By PC_Tool

posted May 24, 2007 - 5:21 PM

At which point you go back home and order it online.

Unless $150 is pocket change to ya....

Consumers are such absolute frigging morons nowadays.

Score: 0

By PostDeals

posted May 24, 2007 - 11:21 PM

No its the retailers who are deciving and cheating the consumers that are the morans. Now they will pay fines and more law suits to follow.

Score: 0

By PC_Tool

posted May 25, 2007 - 9:09 AM

Yeah, because we need more lawsuits to protect idiots...

Score: 0

By dhjdhj

posted May 25, 2007 - 9:35 AM

Didn't you know that idiots are a protected species? That's why there are so many of them!
(grin)

Score: 0

By Babylon2x

posted May 25, 2007 - 1:42 AM

Yea, but you can't sue just because you're a moron... aw shoot, turns out you can, that's why we have hundreds of "I tripped over my own feet, so I sued the person who made the path" type lawsuits.

Score: 0

By Babylon2x

edited May 24, 2007 - 4:07 PM

Why didn't he just buy it online then?

I'm not defending the practice of the company, but people never realize that in-store and online prices don't exactly equate. In store, they have to pay for security, hiring the building premises, staff just to take some sales, etc.

Sure, online businesses have some similar expenses but overall as far as I know online business is cheaper to run.

Score: 0

By drumcat

posted May 24, 2007 - 7:20 PM

Does that really require an answer? +s/h, 5 days, and a ride on a brown truck vs. rightnow.

Duh.

Score: 0

By shicaca

posted May 24, 2007 - 9:19 PM

... actually they pay for S&H sometimes with their specials.

If it's not something huge, it costs near nothing. If you're saving $50 and it costs you $5 to ship it, doesn't that make more sense??

I, personally, don't make electronics purchases on the fly. I make sure it's what I want, reference many places for the cheapest buy, etc. I'm not spending more than I have to. If these morons in this suit didn't see the price was ONLINE ONLY (as many times specifically stated ON THE SITE), then their fault. Suck it up, people. Pay the $150 more, get it instantly, and don't pay for S&H. Your choice!

Score: 0

By waldo143

edited May 24, 2007 - 10:55 PM

beofre I start, I want to say I tend to prefer BB & fully understand there are different prices online. The issue is that which was mentioned above. The in store intranet looks identical to BestBuy.com added to employees acticing like it is BestBuy.com to decieve lesser informed customers to think the instore and online price are the same so that the customer does not argue to try to get a price match. That is a shady practice for which I think they should be sued for. I may have even fallen for it on some smaller purchaes without realizing it. As far as the compliants of the sales that require home installation purchases. That I cannot fault them for as there are plenty of people that are afraid to do their own HT setup. This is who the sale is targeting. I'm sure marketing research showed that people feel they are getting a better deal if the discount is on the item instead of offering free install which they used to do instead. As far as the complaint about the NYC store, that must be a local manager decicion as I dont have the same issue in my town. There is a greeter/bag checker in my local store though they only check the bag if the alarm goes off. My guess is they were forced to use that system due to alot of theft from that one store.

Score: 0

By shicaca

posted May 27, 2007 - 12:35 AM

I agree with your last part and I guess I can see what you're talking about with the first part.

I guess what I'm saying is I guess I understand why they would do something like that (with the things that are "online prices only") to have a separate site.

They're telling you what the price is IN THE STORE. It's not really a help to bring up the price and say, "Oh well it's $200 more expensive that this price that's online right now b/c it's online prices only" ... you'd just have a lot of pissed off customers and what not.

As a consumer, I guess I can see how that would be kind of sh**ty. They should have at least said, "You can save $300 online if you get it there" or something similar.

Just another example of the extremely and stupidly litigious nature of our country.

Score: 0

By Babylon2x

posted May 25, 2007 - 1:40 AM

Precisely. I doubt a laptop is life and death "must get it right now" purchase. And 150 more vs S&H? No competition.

If I ran a business I'd probably extract every last drop out of someone who's impatient enough to pay an extra 150$ to get something now, too.

Cruel? Maybe. But that's business.

Score: 0

By TheKing75

posted May 25, 2007 - 4:57 AM

With In-Store pickup, you can get the website price, AND get it right away. That's the best way to get around the deceptive practice, just buy it online and pick it up at the store.

Score: 0

By davecramer74

posted May 24, 2007 - 4:35 PM

Best buy is a ripoff all together anyways. He's stupid for shopping there.

Score: 0

By uberfly

posted May 25, 2007 - 1:37 AM

Damn right. Some things often 40% more than online stores like newegg or even amazon. They live on the blood of the uninformed or impatient.

Score: 0

By foobah

posted May 25, 2007 - 11:54 AM

America is messed up man. It really does take some sick mentality to dream up a concept like this (two sites, two prices), but an even sicker society for this to seed and evolve from.

Score: 0

By imafurby

posted May 28, 2007 - 9:59 AM

I guess other countries are much better?

Score: 0

Aug 19 - 7:26 PM ET Palm's magic act makes Treo Pro 850 appear, disappear

Aug 19 - 7:18 PM ET Pandora: Last gasp for Internet radio can't be further prolonged

Aug 19 - 5:48 PM ET Has Firefox 3 certificate handling become too 'scary?'

Aug 19 - 3:35 PM ET Apple gives MobileMe subscribers more free time

Aug 19 - 3:23 PM ET Microsoft supports Blu-ray mastering in Windows; is Xbox next?

Aug 19 - 3:23 PM ET Japan says iPod nanos may pose overheating risk

Aug 19 - 1:49 PM ET Users to Microsoft: 'Just make Windows faster'

Aug 19 - 1:46 PM ET TSA-approved laptop bags: $220+

Aug 19 - 1:15 PM ET Apple releases iPhone 2.0.2 update, 3G problems remain

Aug 19 - 12:50 PM ET Google: Android-based HTC Dream may not be alone for long