4 ms·

>It's not really Best Buy's fault if a company makes two >different products with the same name. It sure is in Texas, and probably most other jurisdictions. U

>It's not really Best Buy's fault if a company makes two >different products with the same name. It sure is in Texas, and probably most other jurisdictions. Under the Texas Deceptive Trade Practices/Consumer Protection Act, it is considered a "false, misleading, or deceptive act or practice" to (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (5) represent that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not; and others from the "laundry list" covered by the DTPA. The days of caveat emptor are over in Texas, and if they don't give you your money back and make you go to small claims, and you prove your case, you are automatically awarded treble (triple) damages up to the first $1,000 of damages, plus costs and attorney fees. Sadly, most people have never heard of this law. http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.17.htm http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.17.... http://www.jtexconsumerlaw.com/V8N2pdf/V8N2deceptive.pdf http://www.jtexconsumerlaw.com/V8N2pdf/V8N2deceptive.pdf

streptomycin 15y ago
So if I'm a company, I can tell a store in Texas, "Here is my new product, the FSA-51", and they sell it as an FSA-51, and then a customer is confused because I sold another different product also called the FSA-51 to another store... the store is liable, and I'm not? That's fucked up.
- waterlesscloud 15y ago
  If you take money in exchange for a product, you should be responsible for that exchange.
- lesterbuck 15y ago
  I'll be more general for you. If you used to sell an A and now you sell a B with exactly the same name as A, but different characteristics, you should be sure that the consumer knows the differences exist. Yeah, that's really fucked up if you are dishonest or deceptive.
  - streptomycin 15y ago
    In my hypothetical, the store isn't being dishonest or deceptive, the manufacturer is. And in my hypothetical the store didn't previously sell A. That seems to be basically the scenario Best Buy is in. So I'm not sure what you're trying to accomplishing with your new hypothetical.

streptomycin 15y ago

So if I'm a company, I can tell a store in Texas, "Here is my new product, the FSA-51", and they sell it as an FSA-51, and then a customer is confused because I sold another different product also called the FSA-51 to another store... the store is liable, and I'm not? That's fucked up.

waterlesscloud 15y ago
If you take money in exchange for a product, you should be responsible for that exchange.
lesterbuck 15y ago
I'll be more general for you. If you used to sell an A and now you sell a B with exactly the same name as A, but different characteristics, you should be sure that the consumer knows the differences exist. Yeah, that's really fucked up if you are dishonest or deceptive.
- streptomycin 15y ago
  In my hypothetical, the store isn't being dishonest or deceptive, the manufacturer is. And in my hypothetical the store didn't previously sell A. That seems to be basically the scenario Best Buy is in. So I'm not sure what you're trying to accomplishing with your new hypothetical.