Best Buy didn’t want to honor the sale price of the 2GB flash drive Matt ordered through their website, so when Matt arrived to pick-up his purchase, the store’s assistant manager called customer service and, pretending to be Matt, asked to cancel the order. Let’s read Matt’s story and see how it violates Massachusetts law, inside…

Matt writes:

Today Best Buy had a PNY 2GB USB 2.0 Flash Drive SKU# 8202045 onsale for $2.49. I purchased 5 online for instore pickup, order was placed, charged and picked. I recieved both emails from Best Buy saying that the order was ready to pick up.

When I get to the store in Milford, Ma to pick them up I am told that the order was canceled do to a pricing mistake and that I was informed by email. My order was never canceled and when I inquired about this email that I never recieved, I was told the the Manager Josh sent them out to everyone but somehow he missed me. I told the assistant manager who was treating me like I was in the wrong that the order was placed, it was never cancelled and that I am still being charged for the items. The Flash Drives are right behind the counter and the assistant manager, Brian or bill i believe his name was, told me that he would not let me leave the store with my order.

To top it all off, he then takes my printed receipts from my emails and calls 1-800-Best Buy from the store and tells the CRS that “I” wanted to cancel my order and that it shouldn’t have been picked. After 30 minutes of arguing with this person, while he is on the phone I tell him that I wanted to talk to the CSR and he refused to let me speak. I wanted to tell the CSR that I did not want my order cancelled and that I expected my order to be honored. He gets off the phone and tells me that my CC would be credited immediately and that they would send me out a new gift card to replenish the one I used with my order. Needless to say I left that store very irate and went right home to call Customer Service and Customer Relations to complain about how I was treated.

I explain my situation to Customer Service and they tell me there is nothing they can do with my order since it has already been cancelled and to make matters worse they tell me that if it wasnt cancelled they would have been able to ship my order out to me with free shipping since the pricing mistake was on thier end. I dont understand how a company can cancel my order without even speaking to me in the first place.

I then asked to get transfered to Customer Relations to complain about how I have been treated by this store, the assistant manager and how that the store manager Josh wouldnt even come out to talk to me and just had his assistant deal with my problems. Their way of solving this Is to offer to send me out a $15 Giftcard for my inconvenience and that nothing will come of the fact that this assistant manager cancelled my online order without my consent and has the charges returned to my credit card and a new giftcard issued to me.

I feel totaly ignored by this company and that no matter how rudely I was treated it just didnt matter to them one bit and these people will still have a job come next week. Not to mention the fact that Brian took it on to himself to handle my personal finances while just pushing me aside like I wasnt even in the store. I have never been so mad as I am at this very moment.

I hope that maybe this story can get posted on your site and maybe I can get some kind of advice on how to just get my order honored. The item has been pulled off of Best Buy’s site now I notice and CSR’s are unable to even pull it up by the SKU #

Matt’s story falls under a little thing governing retail advertising called 940 CMR 6.13 (2).

6.13: Corrections

(2) It is an unfair or deceptive act for a seller, manufacturer, franchisor or distributor who discovers a material error in an advertisement subsequent to the submission date of the advertisement to fail to either honor the terms of the advertisement or to promptly correct any material misrepresentation by clearly and conspicuously disclosing the information necessary to eliminate such misrepresentation in the same advertisement or, if not feasible, in the same advertising medium, if reasonable, and as close thereto in both proximity and time as reasonably possible. Examples of misrepresentations requiring correction include, but are not limited to, information relating to prices, product descriptions or availability of products.

Best Buy had two choices: honor the deal, or, in the same medium, tell Matt that the mistake was an error. “Whoops you didn’t get our email” isn’t sufficient. Best Buy must honor the terms of the deal.

Since they did not, Matt should call Best Buy corporate and tell them he’s going to small claims court, where he’s entitled to triple damages:

If the court finds for the petitioner, recovery shall be in the amount of actual damages; or up to three, but not less than two, times such amount if the court finds that the use or employment of the method of competition or the act or practice was a willful or knowing violation of said section two.

The actual damage here was $16. With five drives and triple damages, that works out to $240. Call it the cost of terrible customer service. Wouldn’t it have been so much easier if the assistant manager simply honored the deal?

940 CMR 6.13 [The Attorney General of Massachusetts]
Chapter 93A: Section 11. Persons engaged in business; actions for unfair trade practices; class actions; damages; injunction; costs [The General Laws of Massachusetts]

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