Santa Clara, CA: Best Buy is facing a consumer fraud class action alleging it falsely advertised a line of Electrolux vacuum cleaners as having HEPA filters. Filed in Virginia federal court on behalf of lead plaintiff Christopher L. Early the lawsuit asserts that the Electrolux model EL4071A, which he purchased from a Glen Allen, Va., Best Buy in June, does not contain a certified HEPA filter as claimed by the adversiting. Rather, the filters in these vacuums are described by Electrolux as an "allergen"filter. The lawsuit contends that Best Buy knew or should have known the vacuum filter did "not meet the standards of efficiency for a HEPA filter ... and is a substantially inferior filtration system."
Certified by the US Department of Energy, a high-efficiency particulate arrestance or HEPA filter is a type of air filter frequently used to help with asthma and indoor allergies. When used in a vacuum cleaner, the filter works to limit the amount of allergen and dust particles emitted into the air while it' running, according to the complaint.
"Notwithstanding the material differences between a HEPA vacuum cleaner filter and a non-HEPA vacuum cleaner filter, Best Buy deliberately and willfully misrepresented in advertising and selling the Electrolux model EL4071A vacuum cleaner to consumers that such vacuums provided HEPA air filtration performance when, in fact, they did not,"the lawsuit states.
The advertising referred to in the complaint includes in-store signage, advertisements and online product descriptions and specifications for the vacuum. Specifically, the lawsuit states that the online description of the vacuum made numerous references to its HEPA filter. It was because of these claims that Early decided he would buy the vacuum "in reliance on the accuracy of the Best Buy online advertisement."
The vacuum is described as a "HEPA bagless canister vacuum"on Best Buy' website and sells for $199.99. According to the complaint, after buying the vacuum, Early reviewed the manual for information on the HEPA filter and could not find mention of a HEPA filter. So he called Electrolux and the manufacturer confirmed that in fact that model only has an allergen filter, not a HEPA certified filter.
The plaintiff is seeking class certification, damages and legal fees. He claims Best Buy is in breach of express and implied warranties, the Magnuson-Moss Warranty Act, the Virginia Consumer Protection Act and consumer protection laws of various states and is guilty of false advertising.
"Best Buy's massive campaign to deceive U.S. consumers concerning the supposed health benefits of the Electrolux model EL4071A vacuum cleaner have caused harm to the plaintiff and the members of the proposed class and will continue to do so as long as Best Buy continues to make such representations and fails to notify its customers of its false representations,"the complaint states.
Early is represented by Turner A. Broughton, Robert D. Perrow and Brendan D. O'Toole ofWilliams Mullen. The case is Christopher L. Early v. Best Buy Co. Inc., case number 3:15-cv-00549, in the U.S. District Court for the Eastern District of Virginia.
