Dell faces Quebec class-action suit after computer price-change

[wildcat]

Disclaimer: I did not write this article but is a copy from canoe.ca

Dell faces Quebec class-action suit after computer price-change



MONTREAL (CP) - Dell Canada may face a class-action lawsuit in Quebec for adding hundreds of dollars to the listed price of a hand-held unit on its web site.

The consumers' group Union des consommateurs said Thursday it has asked a Superior Court judge for permission to sue the computer giant. The group is demanding Dell stick to the price of $89 to $118 listed last month for Axim X5 pocket PC models. Dell posted a correction on its web site on April 7, saying the actual retail price for the units was $379 for a basic model and $549 for a faster unit.

But l'Union des consommateurs said in a news release that a number of customers placed Internet orders under the original price. It added Dell is violating Canadian competition and consumer-protection laws by refusing to honour the lower price.

"L'Union des consommateurs believes Dell is bound by the (original) price listed on its site," said the group, which is launching the suit along with Montrealer Olivier Dumoulin.

"(We) demand that all transactions be honoured."

The Superior Court must approve the class-action suit before it can go ahead.

L'Union des consommateurs said the suit would be the first of its kind in Quebec involving electronic transactions.

[csims]

Baseless since they have a disclaimer on their website about price mistakes.

[ac3]

I live in Quebec, and what I think they are trying to envoke is the Consumer Protection price protection laws:

In Quebec (and perhaps elsewhere in Canada?), the Consumer Protection Dep't has some laws put in place to protect the consumer from being charged more than the advertised price.

This can be seen more often on a retail level: grocery stores, department stores, etc. , where scanned checkout price may not actully be shelf price. Retailers must just love it - as they are obliged to display large posters at the cashes, explaining the law and how it works.

The way it works is that if the error occurs on an item worth less than $10.00, the item must be given for free. If the item is worth more than $10.00, the price must be adjusted to reflect the actual price, plus an additional $10.00 is deducted.

I buy a jar of mayonnaise that shows $2.99 on the shelf. When scanned at the cash, it rings in at $3.29. I go AHEM, point at the price, then they do their little price check thing, and then I walk out with 32oz. of free mayonnaise happiness.

I buy a DVD on special for $24.99, down from $29.99. It scans at the higher price. In this case, they must honor the advertised $24.99, plus give an additional $10 for restitution....$14.99 dvd, not too shabby.

But in this Dell case:

Errors on a webpage that are corrected within a few days probably don't have much chance in court (just as any newspaper ad with an error...they publish a correction notice within a couple of days, its done.)

They also list Olivier Dumoulin as a plaintiff- hmmm, could he be related to the Dumoulin electronics store chain, perhaps some bad blood between Dell & Dumoulin stores, or maybe just a coincidence?

[KnipKnup]

Of course we would all like our Axims at $87! However, my take is - protect Dell! They are providing one of the highest end handhelds for the lowest price! A class action suit to force a mistake is nothing but pure greed!

[ac3]

Originally posted by KnipKnup
A class action suit to force a mistake is nothing but pure greed!

I agree...and I do recall that while Dell was not going to honor the erroneous price, they did offer a good-will discount of sorts to the people who might have been 'misled' by the mistake.

So yeah, some greedy people - heck, power to them if Dell wants to still let them have it at $89/$118, but come on, to the point of a class action suit?

My 2 cents (or 1.33 cents in USD):p

[DennisFranz]

That is ridiculous.

It won't fly. Even Dell wesite says:
"Dell cannot be responsible for typographical or graphical errors. "

I am sure Dells Lawyers will say it was a typo and it was.
Things like this is another reason why they aren't cheaper. Heck without lawsuits, I bet we COULD get them for $89.

[DennisFranz]

Originally posted by ac3
They also list Olivier Dumoulin as a plaintiff- hmmm, could he be related to the Dumoulin electronics store chain, perhaps some bad blood between Dell & Dumoulin stores, or maybe just a coincidence?

I wonder if if they wanted to buy say 5000 units. Then I can see why they are suing.

If the snowball survived hell, as far as owner transfer for customers, I say Dell not honor it since it was a resell.