Well, it depends on what business Best Buy is in. If they're just a vehicle of getting merchandise to customers, you're right; it's not their probem. However, they're going to lose to Amazon in a heartbeat since they'll never be able to win with pricing. On the other hand, if Best Buy offers you personalized assistance in making the right buying decision, they've created a value proposition that Amazon can't match. This is what they claim to do in their brick and mortar stores.

In the case of the article, they're clearly going after the convenience market, but it's my opinion that attaching their branding to it then not following their brand-standard policies is a little disingenuous.

It's not their fault, but it's their responsibility to clarify differences, or else accept returns if they don't.

>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.... http://www.jtexconsumerlaw.com/V8N2pdf/V8N2deceptive.pdf

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.

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.

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.

If you take money in exchange for a product, you should be responsible for that exchange.

Neither is it the purchaser's fault.

Best Buy was the one who selected the item, put it behind glass where it couldn't be examined, and then wrote the FYIGM policy. They are also the one that wants to have a brand as a reliable retailer.

If they're smart, they'll make this right.

Right. But at the same time there was issues with paying (nothing major, but still an inconvenience) and on top of that, if it was at a store the difference would've been noticeable.

The problem here is that you are really at the mercy of the vending machine. While the company may want to prevent buyers remorse (or even taking advantage by buying a gadget just to use for a flight then try to return it), you can't expect people to be comfortable buying anything that costs a decent amount (for me that would be > $20) without being reassured that if it isn't what they thought it would be they wouldn't be charged.

I have heard that some companies make different products with the same name so they can sell the cheaper one through extremely price-sensitive retailers like Wal-Mart.

Some retailers require different SKU/model numbers from other retailers to prevent return shifting.

Not to mention the pressure to have different SKU/barcodes to prevent "showrooming".