Mega-retailer Best Buy agreed to pay $3.8 million to settle allegations that the company distributed and sold recalled products, a violation of the Consumer Product Safety Act (CPSA) after the 2008 amendments. U.S. Consumer Product Safety Commission (CPSC) staff alleged that the retailer sold more than 600 recalled units, including over 400 Canon cameras, to consumers, as well as items such as electric ranges (subject to a 2012 recall) and dishwashers (subject to a 2012 recall). Overall, the retailer sold 16 separate products subject to recalls announced between September 2010 and July 2015. CPSC and the retailer jointly reannounced 10 of the recalls in July 2014. In addition to the $3.8 million civil penalty, Best Buy agrees to maintain a compliance program designed to ensure compliance with the CPSA, including program for the appropriate disposal of recalled products. The CPSC asserted that the Company’s prior system failed to accurately identify, quarantine, and prevent the … [Read more...] about Best Buy Agrees to Pay $3.8 Million for Selling Recalled Products
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As a trademark type, something struck me as odd about the Best Buy logo image appearing on the brand new outdoor baseball scoreboard at Target Field, during the Minnesota Twins recent home opener against the Boston Red Sox, so I captured a photograph to discuss it here on DuetsBlog.Use of the federal ® registration symbol adjacent to matter not federally registered is a misuse of the federal registration notice which may result in serious repercussions such as false advertising liability, and/or a finding of "unclean hands," if there is an intent to deceive people into believing unregistered matter is, in fact, registered as a trademark; Some twenty years ago in Best Buy Warehouse v. Best Buy Co., Inc., 751 F.Supp. 824 (W.D. Mo. 1989), "Best Buy" was burried in the trademark graveyard, when then Chief Judge Scott O. Wright held"that 'best buy' is a generic term not capable of receiving … [Read more...] about Best Buy, Resurrected From the Trademark Graveyard?
On Tuesday, the U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc. entered into a settlement agreement with the CPSC to pay a $3.8 million civil penalty to resolve allegations that it “knowingly sold, offered for sale, and distributed in commerce recalled consumer products.” This civil penalty is significant because the alleged violation of the Consumer Product Safety Act (CPSA) had nothing to do with timely reporting under Section 15(b)—the usual suspect in civil penalty cases. Rather, the allegation against Best Buy is that it violated CPSA Section 19, which prohibits the sale, distribution, or importation of any product that has been recalled.This penalty is just the second such penalty in recent years (see Meijer 2014 civil penalty). In a tweet commenting on the penalty and noting the reason for it, CPSC spokesman Scott Wolfson said “[The] challenge is great enough to get recalled products out of homes. We … [Read more...] about CPSC Sends Another Shot Across Bow of Retailers with $3.8 Million Civil Penalty Against Best Buy for Sale of Recalled Products
On September 3, 2013, a California federal jury unanimously found HannStar Display Corp. liable for conspiring to fix prices on liquid crystal display (LCD) panels. However, the jury found co-defendant Toshiba Corporation not liable. The jury awarded plaintiff Best Buy Company $7.47 million in direct damages. The case is In re: TFT-LCD (Flat Panel) Antitrust Litigation (3:07-md-01827) located in the U.S. District Court for the Northern District of California.Best Buy accused Toshiba and HannStar of conspiring with other firms to fix prices for LCD panels. Prior to and during trial, HannStar admitted participating in meetings where major electronics makers agreed to fix panel prices. The lawsuit stemmed from an investigation by the U.S. Department of Justice which resulted in guilty plea agreements for HannStar and other Japanese, Taiwanese and Korean firms, not including Toshiba.Plaintiff’s experts argued that the defendants owed Best Buy … [Read more...] about Best Buy Wins and Loses Liquid Crystal Display (LCD) Price Fixing Trial
Updated: Any consumers thinking about suing Best Buy for refusing to honor a listed price of $9.99 for a flat-screen TV should think again, according to one law professor.But a New Jersey consumer lawyer has already done some thinking, and he plans to file a lawsuit today.Best Buy’s website listed the 52-inch Samsung LCD high-definition TV for $9.99 for several hours yesterday, prompting some consumers to order as many as 10 sets and others to form a huge line outside one of the retailer’s stores in Alexandria, the Washington Post reports. Best Buy later said the advertised price was a mistake and it would be canceling any orders.Best Buy’s announcement of the error pointed would-be buyers to a clause in one of its policies that says it does not have to stick to prices published by mistake.McGeorge School of Law professor Brian Slocum told CBS13.com that the posting isn’t a case of false advertising or bait-and-switch. “I think false advertising would … [Read more...] about N.J. Lawyer Plans Suit Over Best Buy’s $9.99 Price Flub; Law Prof Is Skeptical