Best Buy faces a $5 million putative class action lawsuit over allegations of false advertising that a line of Electrolux vacuum cleaners contains a HEPA filtration system.
Lead plaintiff Christopher Early of Virginia filed the Best Buy class action lawsuit on Friday claiming that the Electrolux vacuum cleaner model EL4071A was marketed and promoted through Best Buy’s website to provide consumers with a HEPA air filter but instead only contained an “allergen” filter.
Early says that before purchasing the Electrolux vacuum from Best Buy for $189, he did his research. According to the Best Buy vacuum class action lawsuit, the plaintiff went on the defendant’s website and found an Electrolux model that was advertised as having a HEPA filter that “traps dust, pet dander and pollen, preventing it from escaping back into the air.”
The Best Buy HEPA vacuum class action lawsuit alleges that after using the vacuum a few times, the plaintiff searched the Electrolux manual to find out how often the HEPA filter should be replaced. Early claims there was no reference of a HEPA filter within the manual.
According to the Best Buy lawsuit, Early then contacted the vacuum manufacturer and they confirmed that it was an allergen filter not a HEPA filter inside the Electrolux vacuum. In addition, Early claims that the manufacturer informed him that this particular vacuum model “is not generally recommended for our customers that have allergy or asthma issues.”
Early states that he has suffered from asthma since childhood and had heard from his physician that buying a vacuum cleaner with a HEPA filtration system would provide the most benefit for his medical condition. He claims that because of Best Buy’s “massive campaign to deceive” customers, he along with putative Class Members have suffered harm.
The plaintiff is suing Best Buy for unjust enrichment as they have financially profited as a result of false advertising at the expense of himself and potential Class Members. Early states that “Best Buy’s retention of the proceeds of the sales of such vacuum cleaners would be inequitable under the circumstances.”
Early also claims that Best Buy has violated the Magnuson-Moss Warranty Act, the Virginia Consumer Protection Act and is in breach of express and implied warranties.
If approved, the Best Buy Electrolux vacuum class action lawsuit would be open to Class Members residing in the United States who purchased an Electrolux vacuum cleaner model EL4071A from Best Buy during the Class Period.
Early has also proposed a subclass that would be open to all consumers who live in Virginia and purchased the Electrolux vacuum cleaner model EL4071A from Best Buy during the Class period.
The plaintiff is represented by Turner A. Broughton, Robert D. Perrow and Brendan D. O’Toole of Williams Mullen.
The Best Buy HEPA Vacuum Class Action Lawsuit is Christopher L. Early v. Best Buy Co. Inc., Case No. 3:15-cv-00549, in the U.S. District Court for the Eastern District of Virginia.
