Best Buy, LG Want False Ad Class Action Tossed

Best Buy and LG Electronics have filed a motion for summary judgment in a class action lawsuit filed against them by consumers who claim that the companies engaged in false advertising regarding the refresh rate of LG televisions.

LG and Best Buy now claim that the plaintiffs have “fatal flaws” that would strike down their claims, the motion to dismiss notes.

Only four plaintiffs remain in the class action lawsuit as there have been several instances of adding and subtracting of named plaintiffs, the defendants state.

One plaintiff, Eugene Mannacio, never witnessed the alleged misleading advertisement and plans to keep his television forever, the defendants claim. In addition, the motion states that plaintiff Villa Lara received a reimbursement for the full purchase price of his television and was not damaged.

“It is undisputed that Plaintiffs do not challenge Defendants’ current labeling practices and there is no evidence Defendants are likely to revert to the labeling challenged by Plaintiffs,” the defendant’s motion for summary judgment claims.

LG and Best Buy also argue that in order to win on his claims, plaintiff Mannacio has to prove a “casual nexus” between the actions of the defendants and his harm.

The defendants claim that “[t]he Court should dismiss Plaintiff Mannacio’s claims because he has not presented any evidence, other than his own unsubstantiated deposition testimony, that he was exposed to the allegedly misleading representations.”

The motion for summary judgment states that the plaintiffs’ claims under the New Jersey Consumer Fraud Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law should not be allowed because there is no evidence that the plaintiffs suffered an “ascertainable loss.”

Also, the defendants claim that some of the plaintiffs in this class action lawsuit purchased their televisions at “deep, deep percentage discounts,” which is higher than the plaintiff’s experts claim that they allegedly overpaid for the products.

As far as the plaintiffs claim for unjust enrichment, the defendants argue that this fails as well because “they allege the existence of an actual contract governing their relationship with LG.”

In general, the defendants argue that summary judgment should be granted in this case because the reported lack of evidence of damages or injury.

The Best Buy and LG Electronics class action lawsuit was filed in May 2016 in Minnesota federal court by plaintiffs Benjamin and Breann Hudock who claim that the defendants misled them about the refresh rates on their television sets. Refresh rates are connected with picture quality and is the most important feature expressed by television manufacturers to their customers, the class action lawsuit claimed.

Their class action lawsuit stated that the defendants misrepresented the refresh rate of their televisions and deliberately misled customers into thinking that LG’s LED televisions have a higher refresh rate than they actually contain.

In February 2018, the judge rejected a motion to dismiss filed by the defendants, ruling that the plaintiffs had demonstrated that they had suffered a loss due to the defendant’s misconduct.

Do you own an LG Electronics television? Leave a message in the comments section below.

The plaintiffs are represented by Zimmerman Reed LLP, Gustafson Gluek PLLC, Hudock Law Group SC and Turke & Strauss LLP.

The LG Electronics and Best Buy Television Class Action Lawsuit is Hudock, et al. v. LG Electronics U.S.A. Inc., et al., Case No. 0:16-cv-01220, in the U.S. District Court for the District of Minnesota.

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