Best Buy Fails to Decertify “Price Match Guarantee” Class Action Lawsuit

A class action lawsuit against Best Buy (NASDAQ: BBY) over its “Price Match Guarantee” is moving forward after a federal judge refused to decertify a class of New York consumers complaining that the policy constitutes false advertising. Best Buy tried to decertify the class, arguing that the Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes, required decertification.

The 2008 Best Buy class action lawsuit, entitled Jermyn v. Best Buy Stores, L.P., takes aim at Best Buy’s Price Match Guarantee, which promises to match a competitor’s lower price in-store, subject to certain exclusions. According to the Best Buy Price Match Guarantee class action lawsuit, Best Buy engages in false advertising by using its Price Match Guarantee to lure consumers into its stores, but then trains its employees to aggressively discourage legitimate price match requests.

U.S. District Court Judge Colleen McMahon certified a class of New York consumers who were denied valid price matches in 2009, and subsequently denied Best Buy’s motion for summary judgment in January 2011.

On September 15, Judge McMahon refused Best Buy’s request to decertify the class, despite Best Buy’s argument that the Supreme Court’s June opinion in Dukes – which held that a class must be united by a common question of law or fact – changed the law that governs the certification of class action lawsuit. Judge McMahon disagreed, however, finding that the Jermyn plaintiffs had presented a common question, namely whether Best Buy maintains a corporate policy of denying valid price match requests, and presented “significant” proof that the policy exists.

The Jermyn Best Buy class action lawsuit is just one of four class action lawsuits that have been filed nationwide challenging Best Buy’s Price Match Guarantee. Class Members of the NY Best Buy Price Match class action lawsuit include all New York residents who, since 2002, tried to use the Price Match Guarantee but were denied, despite providing verification of a competitor’s lower price to Best Buy.  

You can read more about the Jermyn Best Buy Price Match Guarantee Class Action Lawsuit here.

The case is Thomas Jermyn vs. Best Buy Stores, L.P., Civil Action No. 08-214, Southern District of New York.