In response to WWW2000, the text of a letter I wrote to Circuit City will explain the factual background of my complaint and small claims case. As you will see, my facts are quite unlike yours and they fit squarely within the terms of Circuit City's written price guarantee (as it appeared on the CC web site at the time of my purchase).
In response to SellYourStuff: Yes I really do intend to sue, and in fact I already have filed the papers. The matter should come up for trial in in 3-6 months. No, I do not believe Circuit City has every angle covered and that I'm am going to lose my suit. I feel that the facts and the law are very much in my favor. Assuming my small claims case is heard by a fairly reasonable and conscientious magistrate I believe I will win. I feel that Circuit City's conduct toward me is unconscionable. They did almost exactly the same thing to a fellow shopper from my area (see letter below) and I can see from various Internet postings that CC has engaged in a pattern of breaching its written price guarantee in stores all over the country. So, my suit is not just to vindicate my own rights. I am acting as a "private attorney general" to vindicate the rights of consumers at large. Perhaps if others who have been similarly injured join me in bringing suits of this nature we can begin to expect Circuit City (and other retailers) to behave a bit more ethically.
Note that Circuit City has recently revised the price guarantee that appears on its web site. See
http://www.circuitcity.com/ccd/lookL...Oid=105471&c=1
While the price guarantee now has more specifically decribed limitations, events such as the Black Friday sale are not among those enumerated. Circuit City has the means to exclude events such as Black Friday from its written price guarantee if it wishes to do so. It has not chosen to do so.
Anyone wishing more information may contact me at
3bikes@snet.net.
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Mr. George D. Clark Jr.
Exec. VP and Pres. of Retail Stores
Circuit City Stores, Inc.
9950 Maryland Drive
Richmond, VA 23233
Dear Mr. Clark:
I wish to complain about certain unfair and deceptive trade practices recently engaged in by the Circuit City store located at 110 Federal Road, Danbury, CT 06811.
On November 17, 2006 I purchased an Olevia Model 232V 32 inch LCD TV from Circuit City. The price (both in-store and on web site) was at the time $899.99. Prior to making the purchase I asked the sales associate who was helping me whether I would be entitled to a partial refund should Circuit City put this item on sale on “Black Friday”, November 24th. (My question was actually rather pointed. I had learned from an Internet search earlier that day that Circuit City reportedly planned to sell this item on Black Friday for $474.99. I also knew that Circuit City states on its web site that it has a price guarantee policy.) The sales associate assured me that Circuit City has a price guarantee policy and that I would be entitled to a partial refund should Circuit City actually advertise the item for sale at a lower price on Black Friday. Relying upon this representation, I purchased the TV on November 17th, rather than waiting for Black Friday.
Note that Circuit City’s price guarantee actually appears on its web site. It reads as follows: “If you've seen a lower advertised price from another local store with the same item in stock, we want to know about it. Bring it to our attention, and we'll gladly beat their price by 10% of the difference. If you see a lower advertised price (including our own sale prices) within 30 days of your purchase, we'll refund 110% of the difference. Our policy applies only to advertised prices. It does not apply to special offers or promotions, including rebates, free-with-purchase offers and special financing. Unfortunately, we are not able to provide price matches online, so please visit the closest Circuit City store to take advantage of our Price Guarantee.” A screen shot of Circuit City’s price guarantee policy, taken from its web site, is enclosed herewith. I see nothing in this written policy which would exclude items advertised for sale by Circuit City on Black Friday. The proviso that the policy “does not apply to special offers or promotions, including rebates, free-with-purchase offers and special financing” is, at best, ambiguous. It would clearly invite mischief to permit Circuit City to exclude certain advertised sales, by secretly deeming them “special”.
Circuit City did in fact place the Olevia Model 232V on sale for $474.99 on Black Friday, as a “6 Hour Special” which began at 5 AM, and it advertised the same in a newspaper insert on November 23rd. Indeed, the item is advertised quite prominently, at the top of the first page of the insert! There is nothing in the advertising insert (including the copious extremely fine print) which would appear to exclude the advertised items from the scope of Circuit City’s written price guarantee. A photocopy of the relevant portion of the newspaper insert is enclosed for your inspection.
I went to Circuit City today, at 9 AM, before the expiration of the “6 Hour Special” and sought the refund I had been promised by Circuit City’s sales associate the previous week. (According to the store’s written policy, which appears on its web site, I am contractually due a refund of (899.99-474.99) x 1.1 = $467.50.) The store manager declined to honor the sales associate’s oral promise and the store’s written policy, asserting by fiat that Circuit City’s price protection guarantee is not applicable to the Black Friday sale. Note that this is contrary to the representation made by the sales associate when I made my purchase and also contrary to the price guarantee stated on the store’s web site. Refusal to honor this policy is dishonest and a breach of contract.
Moreover, as if to add insult to injury, when I asked whether I could purchase another TV at the sale price the store manager asserted that there were actually none in stock. Given the very prominent location in the advertising insert for this item one would tend to conclude that that there were none of these items in stock on the eve of the sale and that Circuit City intended to bait and then switch its customers.
Curiously, while I was at Circuit City today I met another gentleman from Danbury, <DM>, who had a similar complaint. He told me that he had bought a flat panel TV about 26 days ago and had asked the sales associate what kind of accommodation Circuit City would make if the item were later to go on sale. He informed me that the sales associate had represented that a partial refund could be obtained if the same item when were to be advertised by Circuit City at a lower price within the next 30 days. Mr. <M> told me that the store manager had also refused to honor for him Circuit City’s price guarantee. You may expect to receive a similar letter of complaint from Mr. <M>.
If you wish me to remain a Circuit City customer I would urge you to take appropriate, corrective action.
I have brought this matter to the attention of Richard Blumenthal, Attorney General of the State of Connecticut. I reserve the right to pursue independent legal action against Circuit City.
Sincerely,
<AS>
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Text of small claims complaint:
On 11/17/06, Plaintiff purchased an Olevia Model 232V LCD TV for $899.99 from Defendant's store located at 110 Federal Road, Danbury. Prior to completion of purchase, and in response to question posed by Plaintiff, Defendant's agent represented that Defendant would honor its written "Price Guarantee", whereby Defendant promises to refund 110% of the difference between purchase price and lower price advertised by Defendant for same item within 30 days of purchase. In an advertising insert in the 11/23/06 Danbury News Times, Defendant advertised that it would sell the Olevia Model 232 LCD TV for $474.99 on 11/24/06. On 11/24/06 Plaintiff appeared at Defendant's Danbury store and requested refund promised. Defendant's agent refused to honor this request. Plaintiff claims actual damages for (1) breach of contract and (2) detrimental reliance, and actual and punitive damages for (3) violation of Conn. Gen. Stat. Section 42-110b.
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