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Official Blog of the AALS Section on Contracts

At Best Buy, Too Good To Be True

Courtesy of Best Buy (via CNN), here’s a nice lesson on the objective theory and the doctrine of mistake:

Early Wednesday morning, BestBuy.com listed a 52-inchSamsung HDTV for $9.99 — a savings of more than $1600.

As customers jumped on the Web site trying to take advantageof the offer, Best Buy announced it was a “pricing error” and was nolonger available.

A recorded message on Best Buy’s customer service line toldcustomers “we will not be placing any more orders for this unit,” andmessages were sent on Twitter apologizing “for any disappointment.”

Customers who placed orders early Wednesday were left wonderingif they got away with the bargain. Eric VanBergen of Grand Rapids, Michigan,told CNN he snapped one up for $84.79 — including $70 shipping and taxes — at5:30 a.m. Then, he ordered a second.

Dozens of customers were posting to Twitter and Bestbuy.com,saying they also placed often multiple orders.

It appears they are out of luck. In a statement, Best Buy apologized forthe mistake but said it would “not be honoring the incorrect price.”

Company representatives posted online messages tellingcustomers “All current and previous orders made for the TV at this priceon BestBuy.com will be cancelled, and customers will be refunded in full forthe purchase.”

The company’s Web site states Best Buy reserves the right to”revoke offers or correct errors” even if a credit card has alreadybeen charged.

The price mix-up gave way to customer frustration as peoplelost out on the deal of the year. “.bestbuy dang you!!!!” was howVanBergen reacted on Twitter after learning that his two confirmation e-mailsfrom Best Buy were meaningless.

But it appears there is little else they can do. Aspokeswoman for the Federal Trade Commission that investigates consumercomplaints told CNN “The FTC act bars unfair and deceptive commercialpractices.” Those would be cases of phony offers or sweepstakes, ratherthan a mistake, she said.

[Meredith R. Miller – h/t Isaac Samuels]

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