Best Buy Class Action Targeting Price Deception Gets Dismissed

A Minnesota federal judge dismissed a class action lodged against Best Buy alleging that the electronics chain falsely advertised items at “regular” prices to dupe customers into thinking they were getting a deal.

The federal judge found that the class action plaintiff failed to provide actual facts in the complaint that supported the allegations of fraud against Best Buy.

The judge points out in his order that fraud claims must be supported by actual facts to deter frivolous lawsuits.

“Conclusory allegations that a defendant’s conduct was fraudulent and deceptive are not sufficient to satisfy the rule,” U.S. District Court Judge Donovan W. Frank writes in his decision.

Lead plaintiff Randy Nunez alleged that Best Buy fraudulently advertised products at “regular prices” and then listed another price to trick consumers into believing they were getting items on sale.

According to the class action complaint, the plaintiff bought a microwave sometime in June of 2015. The plaintiff alleges he thought the microwave was $20 off the “regular price” of $199.99, but reportedly found out later that the microwave was not actually sold to him at a discount.

Nunez claimed that his experience was part of a broader policy implemented by Best Buy to “provoke [Nunez] and members of the classes to purchase merchandise in their retail stores.”

The plaintiff alleged Best Buy committed fraud by using deceptive marketing and that he and other Class Members would not have purchased items from Best Buy had they known they weren’t getting the items on sale.

“[The plaintiff], like other class members, was lured in by, damaged by, and relied on these pricing schemes that [Best Buy] carried out,” said the class action complaint.

In his order, Judge Frank notes that the plaintiff couldn’t specify when he actually bought the microwave, which model of microwave, and the Best Buy location where he made the purchase. Additionally, points out the judge in his order dismissing the class action, the plaintiff doesn’t indicate which advertisements he relied on when making the purchase.

“[The plaintiff] does not specifically allege that the facts underlying this allegation are peculiarly within Best Buy’s knowledge, and the court cannot reach this conclusion either, particularly in light of the first amended complaint’s lack of key facts about [the plaintiff’s] purchase and the marketing upon which [the plaintiff] relied,” writes Judge Frank in his order.

The plaintiff is represented by Karen Hanson Riebel, Eric N. Linsk and Kate M. Baxter-Kauf of Lockridge Grindal Nauen PLLP; Joseph P. Guglielmo, Erin Green Comite and Joseph Pettigrew of Scott and Scott Attorneys at Law LLP; Todd D. Carpenter of Carpenter Law Group; Gary F. Lynch and Edwin J. Kilpela, Jr. of Carlson Lynch Sweet and Kilpela LLP; and E. Kirk Wood of Wood Law Firm LLC.

The Best Buy Price Deception Class Action Lawsuit is Nunez v. Best Buy Co. Inc., Case No. 0:15-cv-03965, in U.S. District Court for the District of Minnesota.