Staples Canada Class Action Lawsuit Claims Sales Price Was Not Honoured

Staples Canada (Bureau en Gros) has been hit with a class action lawsuit accusing it of failing to honour the price of a desktop computer that was advertised in a Boxing Day promotion.

Staples Canada does business in Quebec as Bureau en Gros. It runs the www.Staples.ca website, where customers can make online purchases.

If you purchased a computer from Bureau en Gros between Dec. 25 and Dec. 29, 2020 at a higher price than advertised, you are a potential Class Member of the Staples Canada class action lawsuit.

Mailed Flyer Indicated Lower Price for Computers, Plaintiff Says

Plaintiff Mikael Azoulay of Côte St-Luc says he received a Bureau en Gros flyer in a Publisac bag that was delivered to his residence on Dec. 26, 2020. The Publisac bag contained flyers advertising Boxing Day sales.

One of the flyers advertised an Asus M241 desktop computer at Bureau en Gros for $208.99 and indicated that this sale price would be available from Dec. 25 through Dec. 29, 2020.

Based on this advertisement, Azoulay contacted Bureau en Gros customer service to purchase two Asus M241 computers at the advertised price, plus applicable taxes.

However, the Bureau en Gros customer service representative allegedly refused to honour the advertised sale price, claiming the price was an error. To purchase the Asus M241 computers, Azoulay was told he would have to pay $855.49 plus taxes per computer.

Staples Canada Argued Price Difference Was Printing Error

According to the Staples Canada class action lawsuit, Azoulay went online to view the Asus M241 computer on the Bureau en Gros website and found that it was listed at the higher $855.49 price instead of the sale price. He used the website’s chat feature to see if he could purchase the computers at the price advertised in the Boxing Day advertisement, but he was again informed that the sale price was an error.

“Although Bureau en Gros claims that there was a printing error, as of December 29, 2020, the Publisac website still showed the Asus computer advertised for $208.99,” Azoulay argues in the Staples Canada class action lawsuit. He included a screen capture indicating the sale price on the Publisac website that was displayed on Dec. 29, 2020.

Azoulay ultimately purchased the two Asus computers at the higher $854.99 price, plus taxes, paying a total of $1,967.20. He says that Bureau en Gros violated the Consumer Protection Act by refusing to honour the advertised price for the computers even though the discounted price was still posted on the Publisac website when he purchased the two Asus computers.

The language Azoulay points to in the Consumer Protection Acts is in section 224 (c) which states that no merchant, manufacturer or advertiser may charge a higher price than advertised for goods or services.

Class Members Allegedly Entitled to Price Difference Plus Punitive Damages

According to the Staple Canada class action lawsuit, Azoulay is entitled to claim the price difference from the advertised sale price and the price he ultimately paid for the two computers, or a total of $646.50 plus taxes per computer. He says he is entitled to claim a total of $1,486.63, plus $250 in punitive damages per computer under the terms of the Consumer Protection Act.

“Indeed, Bureau en Gros’ conduct warrants such a condemnation because it refused to honour the advertised price despite [Azoulay’s] multiple requests; it also failed to act diligently and to correct the information on the Publisac website,” the Staples Canada class action lawsuit asserts.

Azoulay filed the Staples Canada class action lawsuit on behalf of himself and a proposed Class of consumers who purchased a computer from Bureau en Gros for a price higher than advertised between Dec. 25 and Dec. 29, 2020. He estimates there are likely hundreds of potential Class Members.

Under the Consumer Protection Act, Class Members should be entitled to compensatory damages in the amount of the price charged minus the advertised price of the computer purchased, plus $250 in punitive damages per computer, the Staples Canada class action lawsuit says.

Have you had a business refuse to honour an advertised sale price for an item? Did you refuse to purchase the item at the higher price or did you buy it anyway? Tell us your story in the comments section below.

Azoulay is represented by Mtre Joey Zukran of LPC Avocat Inc.

The Staples Canada Class Action Lawsuit is Mikael Azoulay v. Staples Canada ULC (D.B.A. Bureau en Gros), Case No. 500-06-001114-202, in Quebec Superior Court, Montreal, Canada.

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