Canadian Supreme Court tosses out case against Dell over mispriced online products

dell-tatoo.jpg The Supreme Court of Canada ruled in a 6-3 vote this past week to toss out a Quebec class-action lawsuit against Dell Computer over incorrect prices that were mistakenly posted online.

A Montreal man, Olivier Dumoulin, had filed suit against Dell because the company refused to honor the lower prices for Axim handheld personal digital assistants on its Canadian website. The company had incorrectly listed the Axims for $89 and $118 when the real prices were $379 and $549 respectively. In 2004, the Quebec Superior Court granted Dumoulin and a consumer group class-action certification.

The Supreme court tossed the case because of a required arbitration clause on the Dell website.

Commentary: Dear Canadian Consumer: STOP TRYING TO EMULATE AMERICAN CONSUMERS AND OUR ENTHUSIASM FOR LAWSUITS. While the real reason for the dismissal was that the consumers were required to pursue arbitration (per a small print clause on the Dell website), we wished the court had tossed it due to it simply being “une bêtise.” Monsieur Dumoulin, Dell’s prices are low enough already and you have wasted a lot of people’s time and energy on this case. Move on.


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