Best Buy is getting sued for lying about how good their sales are.

1. Introduction

It is one of the most enduring myths of modern retail capitalism: “The bigger the sale, the better the deal.” Shoppers see bold placards promising “Slash Prices!” or “40% Off!” and quickly reach for their wallets before the so-called “limited-time” bargain vanishes. According to a recently filed class-action complaint, mega-retailer Best Buy Co., Inc. allegedly capitalized on this very mindset to lure consumers into believing they were scoring steep discounts on big-ticket electronics and appliances—when, in fact, the purported discounts were largely a mirage. Since at least February 2023, Best Buy’s marketing of TVs, refrigerators, washing machines, dryers, and other household appliances has allegedly featured an illusion of enormous price reductions from artificially high “Was” or “Original” reference prices.

Why does such a tactic matter so much? Beyond the technicalities of consumer laws and marketing regulations, the heart of this lawsuit revolves around a basic principle of corporate ethics and corporate accountability: honesty in commerce. The complaint details how Best Buy advertised perpetual or near-perpetual “sales” on big-name products—ranging from LG French-door refrigerators to Sony flat-screen televisions—using inflated reference prices they rarely (if ever) charged. For instance, an LG refrigerator was labeled “Was $3,799.99,” but had never been offered at that steep price, while a Sony TV purportedly had a “Was $1,299.99” tag that never seemed to materialize as a legitimate, regular selling price. Best Buy was effectively conjuring “false discounts” by first inflating the reference price and then proclaiming a slash in price that looked huge in percentage or dollar terms.

The allegations are wide-ranging:

• Best Buy’s in-store signage and online listings, the complaint says, repeatedly used the words “Was,” “Reg,” or “Original” to convey a higher reference price—implying that the product’s normal price, or “prevailing market price,” was significantly higher than the amount consumers were about to pay.
• In some cases, a sign indicated that a sale was set to “end” in a few days, adding pressure on consumers to “act now” before the price purportedly shot back up. Yet, the complaint notes, that “sale” price often carried over beyond the countdown date.
• Through robust data collection—both from in-store photos and a proprietary website-scraping software—the plaintiffs allege that Best Buy’s discount was largely fictitious: the store rarely, if ever, sold those appliances at the much higher reference price to begin with.

As trivial as this might sound to some—after all, many expect to see “sales” in large retail outlets—these allegations, if true, strike at the deeper problem of neoliberal capitalism and how it often incentivizes corporate greed over corporate social responsibility. Large retailers have significant market power, enormous advertising budgets, and the ability to shape consumer expectations. Yet the complaint argues that Best Buy’s power has been abused, to the tune of thousands or perhaps tens of thousands of California consumers paying artificially inflated prices for essential items like dishwashers, washers, dryers, refrigerators, and big-screen TVs.

From a broader perspective, these alleged pricing tactics reflect a systemic problem in the consumer marketplace. Under neoliberal capitalism, regulators and agencies often find themselves lacking the capacity—or will—to aggressively police discount advertising. Consumers, for their part, may not have the time or resources to verify whether a “Was” price was actually real. Put simply, these retail illusions can and do get repeated with minimal oversight, and they inflate wealth disparities by having consumers pay more for a product than it’s genuinely worth.

In the Best Buy lawsuit, four named consumers—plaintiffs from various parts of California—allege that they fell victim to these illusions, believing they were getting hundreds of dollars off certain LG or Maytag washers, dryers, and more. They have demanded recompense for themselves and a broader class of California residents they claim suffered similar harm. They also seek a public injunction, which aims to forbid Best Buy from continuing this alleged charade that touches upon thousands of daily transactions.

In this eight-section investigative article, we will piece together the facts, gleaned from the complaint, and situate them in the larger context of corporate accountability, economic fallout, and consumer advocacy. We will examine the alleged pattern behind Best Buy’s discount claims and the ways these practices exemplify a classic profit-maximizing model under the umbrella of neoliberal capitalism. We will also explore the potential harm to local communities, workers, and families forced to divert precious resources to overpriced appliances. From systemic regulatory failures to well-honed public-relations spin, this case raises the question: How did such a well-known electronics giant allegedly cross an ethical boundary—and if so, why did no one stop it?

What follows is an extended analysis built around seven more sections, each honing in on an aspect of the story:

1. Corporate Intent Exposed: We’ll examine the complaint’s narrative, focusing on Best Buy’s alleged rationale and the specific examples of false reference pricing.
2. The Corporate Playbook / How They Got Away with It: We’ll outline the strategies commonly used by large retailers under neoliberal capitalism—including the “countdown clock” tactic and artificially inflated “Was” prices.
3. Crime Pays / The Corporate Profit Equation: We’ll delve into why bestowing false discounts might be profitable, and how this type of corporate corruption is sometimes baked into the cost of doing business.
4. System Failure / Why Regulators Did Nothing: We’ll examine the legal framework—California’s false advertising laws, Federal Trade Commission guidelines, and more—to see where enforcement might have faltered or been outmaneuvered.
5. This Pattern of Predation Is a Feature, Not a Bug: We will put forward the argument that these consumer pricing scams are not a glitch in the system, but rather reflect the essence of neoliberal capitalism, with its emphasis on relentless growth, shareholder returns, and deregulation.
6. The PR Playbook of Damage Control: We’ll explore how corporations like Best Buy typically address lawsuits of this nature, from denying wrongdoing to claiming “isolated incidents,” and how they often attempt to rebrand themselves as champions of corporate social responsibility.
7. Corporate Power vs. Public Interest: Finally, we will reflect on whether Best Buy’s alleged actions can be reined in through ongoing litigation, consumer activism, or new laws. We’ll consider the potential for real changes that could help local communities, reduce wealth disparity, and restore at least some degree of trust in the marketplace.

We begin by spotlighting the alleged wrongdoing in detail—because, in the plaintiffs’ telling, the truth is not subtle or accidental. Their complaint states that “for a reasonably substantial period of time, in the recent, regular course of business,” Best Buy manipulated product prices to appear drastically discounted, which artificially boosted consumer demand. It is this interplay of illusions and manipulations that forms the crux of the case. Let us now turn to Corporate Intent Exposed, where we lay out the precise allegations from the complaint and what they mean for everyday shoppers.

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2. Corporate Intent Exposed

At the heart of the class-action lawsuit, filed on January 6, 2025, is the contention that Best Buy carried out a “massive and consistent false discount advertising scheme” for certain TVs and major appliances—including refrigerators, dishwashers, microwaves, cooktops, washers, and dryers. The relevant complaint (entitled “Class Action Complaint,” Hattis & Lukacs, 4:25-cv-00134) documents a range of alleged tactics by the retailer: referencing fictitious “Was” prices, claiming ephemeral “Offer Ends” dates, and representing illusory “Savings” in dollar amounts on receipts and order confirmations. This scheme, the plaintiffs argue, was not an occasional oversight or clerical error, but a systemic practice that has continued largely unabated for at least a year.

Allegations of False “Was” Prices

One of the recurring themes is Best Buy’s use of a so-called “Was” price. For example, an LG 29.5 Cu. Ft. 4-Door French Door Refrigerator (SKU No. 6397176) was pictured in store signage as “Was $3,799.99.” Customers were urged to buy it at a “sale” price of $3,199.99—saving $600 in the process. Yet, according to the complaint, in the 90 days leading up to that sign’s photo date (September 22, 2024), the item had never been legitimately offered at $3,799.99. Instead, the store had “always offered and sold the refrigerator at a much lower price.” Even the “Offer ends 9/25” posted next to the item, the plaintiffs allege, was bogus: on September 26, Best Buy apparently continued offering the same price as if it were a brand-new discount.

This alleged “never truly $3,799.99” phenomenon crops up repeatedly across product categories. Another example is a Sony 75″ Class BRAVIA 3 LED 4K UHD TV (SKU No. 6578582). Best Buy’s signage in late September 2024 advertised: “Was $1,299.99, Now $949.99, Save $350.” But, per the complaint, the TV had no actual prior sale at that $1,299.99 figure. The store systematically trotted out that “Was” number to give the impression of a sweet deal. Then, the cherry on top: after the posted “Offer ends 9/29” date, the “sale” price of $949.99 rolled over again, effectively unchanging.

Dollar-Off Discounts and Reference Prices

What might look like a minor marketing ploy becomes more serious in light of California’s consumer protection statutes and the Federal Trade Commission’s regulations against fictitious pricing (16 C.F.R. § 233.1). The complaint contends that the “discounts” or “savings” are illusions. When Best Buy claims you are “Saving $350,” that statement only holds water if the so-called regular price was in fact the retailer’s prevailing market price—the typical price offered for a “reasonably substantial period” preceding the sale.

But the lawsuit contends this was not the case at all. Furthermore, the lead plaintiffs—Leroy and Allegra Porchia, Marilyn Kaye, and Aaron Lamoree—detail their personal experiences of going in-store or online, seeing references to a “Was” price that suggested the items were worth significantly more, only to find out (after the lawsuit was filed and thorough research was done) that Best Buy rarely, if ever, sold those items at the higher reference price. The complaint dubs this a manipulative scheme that exploited consumers’ trust.

Why Would Best Buy Risk It?

The motive, from the plaintiffs’ point of view, boils down to corporate greed and a relentless drive to boost short-term revenues. By listing an inflated “Was” or “Original” price, the store persuades consumers that they are enjoying a spectacular discount. “Don’t miss out,” the signage effectively says. “This price is going back up soon!” The data collected in the lawsuit suggests these limited-time announcements often turned out to be hollow: once the “sale” period passed, the product remained at the same “discounted” price, or close to it, with some new variation of “Offer ends on [future date].”

A Systemic Practice, Not an Accident

One of the crucial aspects of the lawsuit is the assertion that this pattern was neither rare nor sporadic. The complaint states that Best Buy’s in-store signage is standardized across its 1,000+ brick-and-mortar outlets, and the website (bestbuy.com) likewise featured uniform “Was” and “Now” pricing. Even the store receipts and email confirmations apparently refer to the higher reference price as the “Reg” (regular) price, implying the discount is real.

Rather than a handful of mispriced items, the complaint contends that virtually all of Best Buy’s major appliances and many of its big-ticket TVs are perpetually on “sale.” The essential logic: “If everything is always on sale, is anything truly on sale?” That rhetorical question underscores how Best Buy’s approach may have gamed the system of corporate accountability: If a consumer sees the same item for months at $999.99, a momentary jump to $1,299.99 for a few days, followed by a “slash” back down to $999.99, might let Best Buy check a box that “Yes, we have indeed offered that item at $1,299.99.” But from the perspective of regulators or suspicious customers, was that an authentic “regular” price or a contrived figure to produce the illusion of discount?

The Plaintiffs’ Stories

Each named plaintiff’s account in the complaint highlights the personal toll:

• Leroy and Allegra Porchia: They saw a Maytag washing machine advertised online at $849.99 with a “Was $1,034.99” reference, plus a Maytag dryer at $949.99 with a “Was $1,124.99” reference. They believed they were getting a deal because of the claimed “$175” or “$185” in savings. They ended up paying about $1,800 for the pair, only to find later that Best Buy rarely, if ever, charged $1,034.99 or $1,124.99 for those machines in the preceding 90 days.
• Marilyn Kaye: In December 2023, Kaye visited a Best Buy in Chatsworth, California, and bought an LG washer and dryer. Each had a posted “Was” price more than $300 higher than the “sale” price. Relying on the store’s claims, she concluded she was seizing a limited-time bargain. Again, the complaint indicates no real prior sales at those inflated references.
• Aaron Lamoree: In July 2024, Lamoree purchased an LG washer at a “sale” price of $699.99, believing the “Was $999.99” figure signaled a $300 discount. The complaint says $999.99 was never the actual or prevailing price, so the discount was illusory.

All told, these experiences reflect not merely a trivial “white lie” in marketing but a potential violation of several consumer protection laws, including the California Consumers Legal Remedies Act (CLRA), the False Advertising Law (FAL), and the Unfair Competition Law (UCL). The plaintiffs emphasize that false reference pricing leads to real harm: people pay price premiums believing they are seizing a “special sale,” yet the item’s true market value may be far lower. The difference, the lawsuit contends, is corporate profit gleaned under misleading pretenses.

Larger Consequences for Everyday People

While “discount gaming” might seem like a typical quirk of big-box retail, it has more tangible consequences than many suspect. For people on tight budgets or living paycheck to paycheck, an extra $100 or $200 spent on an allegedly “discounted” appliance could mean diverting funds away from groceries, medicine, or bills. In that sense, the lawsuit spotlights how wealth disparity can be worsened by corporate practices that funnel additional profits from unsuspecting or even well-intentioned shoppers.

In this narrative of potential corporate corruption, the impetus to mislead about “Was” prices is arguably fueled by a broader dynamic of neoliberal capitalism: retail is fiercely competitive, and companies are judged on short-term sales gains. Meanwhile, the risk of regulatory enforcement—though real—may be low enough that some large corporations treat it as a cost of doing business. If caught, they may pay a settlement that remains trivial compared to the incremental profits made over months or years of questionable discount advertising.

As we move into the next section, we will explore how such a practice might thrive inside a corporation’s marketing machine. How could a company this size, with so many employees and so many eyes on its signage, maintain a system of allegedly inflated reference prices? The complaint suggests a standard “Corporate Playbook” that relies on everything from psychological triggers (limited-time offers) to cyclical price changes orchestrated at scale. This is where the power of a multinational retailer meets the vulnerabilities of individual consumers, shining a harsh light on the structural incentives behind such alleged misconduct.

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3. The Corporate Playbook / How They Got Away With It

From a distance, Best Buy’s alleged approach to discount advertising might look simple: tack on a big “Was” price that never truly existed, then proclaim a significant “sale” price. But in reality, the complaint depicts a more sophisticated strategy—a well-choreographed dance of marketing tactics, data analytics, and consumer psychology that major retailers have been perfecting for decades. If the allegations are true, then Best Buy’s internal practice is essentially the same time-tested formula that other large corporations have used to push the boundary between legitimate promotion and outright deception.

Step 1: Establish a (Barely) Credible “Regular Price”

The Federal Trade Commission (FTC) guidelines say that if a merchant is going to advertise a former price as the basis for a discount claim, that former price should be the actual, bona fide price the merchant used “for a reasonably substantial period of time.” California’s Business and Professions Code further indicates that a posted “former price” must have prevailed within three months prior, unless the ad clearly states otherwise.

According to the lawsuit, Best Buy’s alleged workaround was to occasionally list a “Was” price for a short, insufficient interval—perhaps a few days, or for the sake of a single demonstration model—thus ticking a box that “Yes, the item has been offered at $X in the last three months,” even though the store seldom, if ever, intended to sell it at that figure. This ephemeral listing might have been so short-lived that only a handful of units were offered at that inflated price—sometimes in limited store locations. By the time a typical consumer saw the product, it was “discounted” back down to the real everyday price.

The complaint asserts that this was no accident: it was a willful manipulation, done in “bad faith” precisely so that Best Buy could tout “huge savings” on a near-constant basis. In other words, it’s a textbook “Corporate Playbook” move: artificially anchor the product’s “true” value high enough that, when the sale price hits, customers see an irresistible bargain.

Step 2: Create Urgency with “Offer Ends” Timers

The second piece of the puzzle is the repeated claim that an offer will end on a specified date. The complaint cites multiple in-store signs featuring language like “Offer ends 9/25.” Yet, those who came back on 9/26 often found the product still at the same so-called “sale” price. This approach is well-documented in consumer psychology: it presses shoppers to act quickly—“fear of missing out” is potent. People might skip price comparisons or fail to read the fine print.

Under a neoliberal capitalist marketplace, with minimal day-to-day oversight, retailers can effectively reset that “end date” as often as they want, so long as they keep rotating signage and updating in-store or online marketing. The ephemeral nature of promotions ensures that if a shopper tries to question the store’s policy or pricing, they might be told, “That was last week’s special,” or “Our sales change daily.” The complaint underscores how the same “sale” can persist in different forms, relying on new deadlines, new event names, or new marketing copy to keep the sense of urgency alive.

Step 3: Rely on Consumer Trust in the “Store of Expertise”

Best Buy’s brand has historically hinged on being a trusted purveyor of electronics and home appliances, with an emphasis on curated selections and knowledgeable staff. According to the lawsuit, this trust ironically made it easier to mislead shoppers: if a store has a reputation for being an industry leader, a consumer is more likely to accept signage at face value.

In effect, bestowing the label “Was $1,199.99” upon a washer or dryer resonates differently at a store that customers already see as a top-tier retail specialist. Many shoppers assume: “Surely Best Buy sets fair, normal prices.” So, the complaint implies, that brand trust—an asset built up over years—may have become part of a strategy to push the limit of legal discount practices.

Step 4: Uniform Marketing, Coast-to-Coast

The complaint points out that Best Buy’s marketing for these “discounts” appears identical online and in-store. Indeed, for many of the example items, the posted “Was” price matched across channels, and the “Now” price was the same in the physical store. This uniformity, from California to Minnesota to Florida, suggests that if the pricing was indeed systematically deceptive, it was likely coordinated at a national or corporate level.

Uniform marketing also amplifies the effect of these fictitious reference prices. A traveler from the East Coast might see the same model washer posted at the same “Was” price at a store in Los Angeles. Over time, it becomes embedded in the consumer’s psyche that this particular machine is “worth $1,299,” even if the store rarely sold it at that price.

Step 5: Minimize Consumer Complaints and Encourage Quick Conversions

One might wonder: if Best Buy had been engaging in these alleged tactics for months, if not years, why didn’t customers complain more? The lawsuit suggests that many people have a general suspicion that retail “sales” might be inflated, but usually not enough to spur them to gather data and consult attorneys. The sums at stake—often an extra $100 or $300—are significant to individual budgets but might not be enough to justify an arduous complaint. This is precisely the dynamic that class-action lawyers often highlight: an individual may be discouraged from fighting a large corporation on a matter of an overcharge, but collectively, thousands of wronged consumers are a different story.

Meanwhile, Best Buy, per the complaint, wove these “sales” seamlessly into the normal marketing churn. Price placards, short disclaimers, upsells by sales associates: it all coaxes the consumer to finalize the purchase quickly. If shoppers do happen to notice that the “was $1,299” sign has been displayed for weeks, staff might simply say, “We must have extended the sale. You’re in luck.” And because the store is popular, friction is minimal: each “limited-time sale” can net thousands of conversions before the next wave of signage is posted.

The Broader Rationale Under Neoliberal Capitalism

In the big picture, the “Corporate Playbook” works best in an environment where:

1. Regulators are not aggressively monitoring day-to-day in-store signage.
2. Consumers are busy, trusting, or uncertain about the complexities of retail pricing.
3. Shareholders reward short-term spikes in sales volumes.

Under neoliberal capitalism, the impetus to maximize quarterly results often overshadows potential long-term brand damage or the moral question of consumer deception. The lawsuit’s complaint frames these alleged discount practices as a near-textbook instance of profit maximization at the expense of consumer advocacy and basic truth-in-advertising norms.

Echoes of Other Retail “Pricing Scandals”

In the broader retail sector, these allegations ring familiar. Over the years, large brands (including certain department stores and online giants) have faced lawsuits for “sale inflation” or “false reference pricing.” Some settled with multi-million-dollar payouts. Typically, the cycle is as follows: the allegations come to light; the brand issues carefully hedged statements, claiming it “did nothing wrong but will adjust policies to avoid confusion;” a settlement is reached. Then, the brand returns to a slightly tweaked version of the same approach.

This cyclical phenomenon underlines a deeper truth: for large retailers, paying settlements or legal fees might be cheaper than forgoing the revenue gained from perceived bargains. Consumers, ironically, prefer “sales” so strongly that a store offering a stable, everyday fair price often moves fewer units than one boasting a “50% OFF!” sign, even if the final number on the price tag is the same.

Tying It to the Lawsuit

All these building blocks—artificially inflated reference prices, rotating “end dates,” brand trust, uniform marketing, and minimal consumer pushback—are spelled out in the class-action complaint as the means by which Best Buy allegedly “got away with it.” If a court agrees that Best Buy systematically engaged in these practices, the store could face substantial liability under California law, which is among the strictest in the nation regarding false advertising. The complaint asks for restitution, disgorgement of ill-gotten gains, and an injunction to halt these tactics.

Still, the question remains: is the potential payout or settlement dwarfed by the scale of profits garnered from the alleged misconduct? To that end, we next explore why “Crime Pays” in retail discount schemes and how that dynamic often tilts the playing field away from genuine corporate social responsibility and consumer fairness.

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4. Crime Pays / The Corporate Profit Equation

“Crime Pays” may sound like hyperbole, but it captures a cynical logic that can be found in many sectors of neoliberal capitalism: if a questionable practice yields enough extra revenue—be it from inflated pricing, manipulated costs, or hidden fees—some large corporations accept the risk of eventual lawsuits or regulatory fines as part of their cost of doing business. The complaint against Best Buy essentially accuses the retail giant of employing such a logic in its pricing strategies. Here’s how the alleged calculus might look:

1. Markup from Fake Reference Price: By labeling a fridge as “Was $3,799.99” when the real baseline price is closer to, say, $3,199.99, the store establishes in a shopper’s mind that the item is “worth” $3,799.99. If the shopper had initially intended to spend no more than $3,000, they might stretch to $3,199.99 after seeing a $600 discount.
2. Higher Demand from Perceived Bargain: The suggestion of big savings spurs shoppers to buy now, often skipping the time-consuming process of comparing prices at other stores. This higher velocity of transactions results in more revenue.
3. Limited Actual Costs of Fraud: If confronted by a small percentage of customers—like the handful who realize the discount is illusory—the store might offer a return or a modest adjustment. Meanwhile, the vast majority pay and never question the reference price.
4. Cost of Legal Liability: If and when a class-action lawsuit is filed, the company might pay a multi-million-dollar settlement. But if the alleged scheme netted tens or hundreds of millions in extra revenue over several years, the settlement could be regarded internally as “still worth it.”

Empirical Research on Promotional Pricing

Marketing studies have shown that consumers often overweight the importance of reference prices. If an item is said to have been $1,200, then discounted to $900, consumers perceive it as more valuable than if it had been consistently offered at $900 all along. Such is the well-documented “anchoring effect.” By anchoring consumers to a higher number, retailers can coax them into paying more.

As the complaint states, the difference in consumer behavior—and, crucially, consumer willingness to pay—can be enough to generate a consistent price premium. If Best Buy’s alleged scheme was as pervasive as claimed, that premium on washers, dryers, or TVs might accumulate quickly across thousands of daily transactions, especially if each product sells for hundreds of dollars more than a shopper would have paid had they known the “Was” price was false.

Corporate Greed vs. Corporate Social Responsibility

From a corporate social responsibility standpoint, one might ask: why not just be honest about everyday prices? Some smaller retailers do adopt such a stance—famously, a few major chains once tried “no sales” strategies to build trust. But many eventually reverted to discount-based marketing after discovering that U.S. consumers expect to see “Deals.”

The lawsuit’s core message is that a line gets crossed when the reference price is systematically false and the discount perpetually extended. At that point, marketing is no longer just marketing—it becomes a scheme to mislead the public. The plaintiffs argue that Best Buy made a corporate calculation: keep pushing these sales illusions and hope no major enforcement action hits. If one does, deal with it then.

The Immense Size of Best Buy

It’s noteworthy that Best Buy is not a minor retailer. It is among the largest electronics sellers in the country, with over 1,000 stores, plus a robust e-commerce arm. In the complaint, the plaintiffs allege that all these stores used near-identical signage in appliances and TV sections. They also highlight that the bestbuy.com site consistently listed “Was” prices and “Save $XX” disclaimers. If the allegations hold, that means thousands or tens of thousands of daily transactions could have been influenced by inflated reference prices, meaning potential ill-gotten gains in the millions, if not more.

For a corporate entity of Best Buy’s scale, lawsuits and settlements can be a routine part of the business environment. Many publicly traded companies disclose litigation risks in their SEC filings as standard procedure. Indeed, a robust legal defense might be budgeted for, especially in an era where discount pricing lawsuits have proliferated. According to the complaint, that suggests the possibility that the corporate leadership might have viewed these alleged false discount practices as “low-risk, high-reward.”

Impact on Local Communities and Workers

While a typical analysis of “crime pays” focuses on corporate coffers, it’s equally important to scrutinize how such a practice affects local communities—particularly families and workers. Major appliances are not luxury items for many households; a functional refrigerator or washing machine is a necessity. If families pay $200 or $300 above a product’s real market value, that cost can ripple through monthly budgets. Over time, such practices could deepen wealth disparity—transferring more household income to corporate profits.

Additionally, store employees themselves might not be aware of the alleged deception. They are often trained to promote the official signage—“Hey, we have a great deal on this set right now!” If those employees earn commissions or are under pressure to meet sales quotas, they too become part of a system that may rely on questionable discount illusions. Meanwhile, the employees might feel the brunt of consumer frustration when a savvy customer figures out the discount is fictional and complains. This friction can result in a toxic cycle of mistrust, demoralizing workers and eroding the brand’s reputation in the eyes of local consumers.

Danger to the Broader Marketplace

When large corporations engage in alleged “deceptive pricing,” it can also harm other smaller or more honest retailers who cannot or will not use these illusions. Imagine a local appliance store that tries to maintain genuinely fair everyday prices. Shoppers might think that store’s $999.99 price is worse than Best Buy’s “sale” price, which claims to be down from $1,299.99 to $999.99. The smaller store cannot credibly claim an inflated “Was” price for an item they never sold at that level. As a result, they lose business, or they feel pressured to replicate the same tactic. Over time, this dynamic can degrade corporate ethics across the entire sector, pushing even those who favor transparency to adopt illusions just to survive.

Plaintiffs’ Legal Remedies and Best Buy’s Potential Exposure

The complaint seeks several categories of relief:

1. Restitution: Returning any price premium that consumers might have overpaid because of false references to prior prices.
2. Disgorgement: Forcing Best Buy to forfeit ill-gotten gains from the alleged scheme.
3. Public Injunction: Enjoining Best Buy from continuing the false advertising practices, requiring it to maintain accurate records of when a reference price actually prevailed in the preceding 90 days.

Such remedies, if granted, can be quite costly for Best Buy. But as critics of neoliberal capitalism note, the final settlement or judgment might still be dwarfed by the revenue gleaned over time. If so, that outcome might reinforce the notion that “crime pays”—unless regulators and courts impose genuinely punitive damages and undertake rigorous oversight.

Whether or not Best Buy ultimately faces such a “punitive” blow remains to be seen. This type of litigation can drag on for months or years. Typically, corporate defendants will deny wrongdoing, attribute any anomalies to “clerical errors,” or claim a consistent but misunderstood business practice. They might also push for a settlement that involves minimal changes to how they advertise.

Hence the tension: If Best Buy’s alleged false advertising remains profitable even after the dust settles, it begs the question—why wouldn’t other companies do it? That leads us to the next section on System Failure / Why Regulators Did Nothing. Because from the vantage point of the plaintiffs, if the alleged practice was as blatant and massive as described, one might ask: “Where were the watchdogs? Why was no one policing these fictitious prices?” Let’s delve into how regulatory structures, limited enforcement resources, and corporate lobbying might allow such practices to proliferate.

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5. System Failure / Why Regulators Did Nothing

One of the most striking threads in the Best Buy allegations is the timescale: the complaint says that from “at least February 2023,” the retailer orchestrated these perpetual or near-perpetual false discounts in California and nationwide. If so, why weren’t regulators quickly stepping in to correct the market? Why did it take a private lawsuit to bring the allegations to light? Critics point to several overlapping issues:

1. Understaffed Consumer Watchdogs

Whether at the Federal Trade Commission (FTC) or within state agencies in California, staff are often stretched thin. Fictitious pricing is a comparatively small segment of their overall docket, which might include major antitrust investigations, data-privacy matters, false medical claims, and more. Monitoring day-to-day signage in thousands of big-box stores is simply beyond the capacity of many agencies. Without a formal complaint—and hard evidence—most watchdogs lack the resources to launch a broad, proactive investigation.

2. Reliance on Private Lawsuits

In the United States, consumer protection often relies on private attorneys general—i.e., everyday consumers (and class-action attorneys) who have standing to sue. Indeed, the lawsuit here frames the named plaintiffs as just that: private individuals stepping in where regulators left off. California’s consumer-protection laws (like the Consumers Legal Remedies Act and Unfair Competition Law) explicitly allow for such class actions, awarding restitution and injunctions. Thus, in practice, the “system” might assume that private parties will call out wrongdoing.

However, critics note that average shoppers rarely suspect they’ve been shortchanged by a fictitious discount. Or, even if they do, they might not know the details of the law or feel it’s worth the time to bring forward a claim. Moreover, corporate defendants might bury arbitration clauses in their terms and conditions—though that’s a separate legal matter. In Best Buy’s case, the plaintiffs apparently overcame any such clauses or found a path around them to file in federal court.

3. Complexity of Price Advertisements

Pricing is not black and white. A store may temporarily raise prices due to supply chain issues, seasonality, or brand requirements. Regulators can find it challenging to prove that a “Was” price never truly prevailed, unless they gather store-level receipts and historical data. Best Buy’s scale (over 1,000 stores) further complicates record-keeping. According to the complaint, the plaintiffs themselves built a meticulous record—using “daily screenshots and pricing data compiled from a proprietary software program”—to show that the “Was” prices were never in effect for any meaningful period. Regulators seldom go to such lengths unless they have a strong reason to suspect wrongdoing.

4. Legal Ambiguities and Corporate Lobbying

Though laws like California’s Business & Professions Code § 17501 forbid advertising a “former price” unless it was the prevailing market price within the previous three months, the definition of “prevailing market price” can be murky—especially for brand-exclusive models. If Best Buy alone sells a certain variant of an appliance, there might be no direct marketplace comparison. Meanwhile, large corporations, including Best Buy, typically have legal teams that argue any number of reasons to justify reference prices: “We offered it for a day,” or “We sold a single unit at that price, so it was our regular price at some point.”

In short, regulatory capture and industry lobbying can erode the clarity of enforcement guidelines, making it easier for retailers to push the boundaries. Even if an agency issues a warning, the retailer might restructure its signage just enough to avoid a citation, yet continue a nearly identical practice under a new label.

5. Judicial and Legislative Gaps

Class-action attorneys often remark that the existing legal framework punishes false discounting only if the plaintiffs can demonstrate that the reference prices were “never or rarely” used. The retailers defend themselves by showing small windows of time or limited store locations where the higher price was posted. Hence, litigation can become a battle of data analytics, store logs, and contradictory evidence. This complexity and cost of proof can deter many lawsuits.

The upshot, from the plaintiffs’ perspective in this case, is that Best Buy allegedly exploited these gaps. They might have made sure to occasionally display or code a higher price to produce a veneer of compliance, while systematically representing to the public that “You’re saving $300!” even when that was not a genuine discount in the way the average shopper would understand.

6. The Role of Consumer Apathy and Busy Lives

Furthermore, even if local or state authorities put out bulletins urging consumers to watch out for false reference prices, the day-to-day hustle of family and work life means few individuals track historical prices meticulously. Without strong consumer mobilization, it’s easy for a big corporation to assume that few will notice or care. That dynamic, again, is essential to the “System Failure” narrative: despite laws on the books, the entire setup relies heavily on consistent and vigilant enforcement, which is seldom forthcoming.

Collateral Damage and Communities

As repeated in the complaint, the cumulative harm from such alleged systematic deception is not trivial. People in low-income areas, or simply those lacking the means to hunt for better deals, might end up paying a bigger share of their monthly income for necessary appliances. This can compound existing wealth disparity. In turn, local economies may suffer when consumers have less disposable income to spend at other neighborhood businesses.

Of course, Best Buy vigorously denies wrongdoing. Often, corporations faced with these allegations insist that they have robust “pricing policies” and “regular audits” for compliance. They might say that any consumer confusion arises from “misreading signs” or from “isolated errors.” But as the complaint notes, what’s at stake in false pricing suits is whether there’s a pattern of deception that stems from corporate strategy, as opposed to random happenstance. The plaintiffs paint a picture of continuity and systematic approach, not a glitch or a store-level anomaly.

Echoing Broader Themes of Deregulation

Neoliberal capitalism tends to champion deregulation, positing that the free market will correct itself if businesses fail to act responsibly. Yet critics highlight cases like this one—alleging a broad, near-universal tactic of false discounting by a major retailer—as evidence that the market often fails to self-correct. Indeed, if all large competitors adopt similar illusions, there’s no real impetus to clean up the practice. In that sense, it’s plausible that Best Buy may have concluded that “everyone else in retail does it,” forging ahead with little concern for legal backlash.

This scenario underscores the plaintiffs’ position that it took a group of private individuals—and a law firm willing to invest in data-gathering and legal fees—to even bring these allegations to court. The deeper structural problem is that price illusions remain a highly effective marketing device, with limited immediate deterrents. We thus come to the broader principle:

When the system is designed so that corporations can push the line with minimal risk of regulatory action, and the gains from doing so are high, they will do it.

The next section, “This Pattern of Predation Is a Feature, Not a Bug,” situates Best Buy’s alleged wrongdoing within a broader framework of how modern capitalism often nudges corporations to adopt such predatory patterns. Far from an outlier, what the complaint describes may be emblematic of a deeper dynamic in the retail industry.

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6. This Pattern of Predation Is a Feature, Not a Bug

Beyond the specifics of Best Buy’s alleged discount manipulations, there is a larger economic and sociological context at play. Observers often highlight that under neoliberal capitalism, corporations face intense pressure to maximize returns, quarter after quarter. This is not a glitch or a fleeting anomaly; many argue it’s inherent to a system that prizes shareholder primacy—the notion that a corporation’s ultimate goal is to enrich its owners, above all else.

Profits Over Principles

Even robustly ethical managers may feel pressured to keep pace with an environment where competitor X is constantly touting big discounts. If customers flock to the competitor for that reason, a manager might rationalize adopting the same questionable strategy to avoid losing market share. This is precisely how a “pattern of predation” emerges—one company does it, sees a spike in sales, and soon others follow. The fundamental dynamic is not so much about personal morality as it is about a structural impetus: “If you don’t do it, you’ll lose ground.”

Sidelined Values of Corporate Social Responsibility

In more idealistic corporate mission statements, we often see references to corporate social responsibility, environmental stewardship, or community involvement. But critics note that these do not always stand up to the demands of the bottom line. In the lawsuit, the allegations depict discount inflation not as an isolated moral lapse but as a systematic, possibly board-level or senior-executive-level sanctioned approach. The repeated “Was/Now” signage across hundreds of stores indicates top-down orchestration. That’s a telling sign that intangible values (like consumer advocacy or truth in advertising) can be sidelined in the pursuit of higher ticket prices and faster conversions!

Wealth Disparity Deepens

By artificially inflating product prices—especially for essential household goods—this alleged practice can funnel more consumer wealth into corporate revenues, effectively exacerbating wealth disparity. In some respects, it parallels other forms of consumer exploitation: from hidden banking fees to deceptive cable company billing. On paper, each violation might be small, but collectively, they can substantially reduce disposable income for ordinary families while boosting the stock values and corporate dividends for shareholders.

Precedent from Other Corporate Scandals

If we broaden the lens, the phenomenon is reminiscent of corporate misdeeds in various industries:

• Pharmaceutical companies artificially hiking drug prices,
• Automobile manufacturers rigging emissions tests,
• Financial institutions pushing subprime mortgages.

In each instance, large sums of money are made before an outcry leads to a settlement or regulatory crackdown. By then, the damage is done, and the corporation might still come out ahead financially. The pattern is so recurrent that many consumer advocates argue it is part and parcel of a capitalist framework that lacks robust checks and balances.

The Role of Deregulation

Over the past decades, a wave of deregulation—often justified by the idea that “markets regulate themselves”—has reduced the state’s capacity to police corporate behaviors. Anti-competitive or exploitative practices can flourish in this environment, especially when intangible or less visible to the everyday shopper. False reference pricing often remains hidden in plain sight, overlooked as a form of “normal business practice.”

Implications for Public Health and Wellbeing

While at first glance, inflated appliance prices may not directly equate to “corporations’ dangers to public health,” one could argue that the financial strain on families does have health consequences. If an extra $300 spent on a sham discount means cutting down on medical checkups or paying rent late, that can precipitate stress, poor nutrition, or missed treatments—especially among lower-income households. The chain reactions from corporate predation can reverberate through individuals’ mental and physical well-being, albeit in indirect ways.

A Norm, Not a Distortion

The plaintiffs’ complaint effectively suggests that Best Buy’s alleged mispricing is not a bizarre exception but a reflection of broader retail strategies. Having near-permanent “sales” in big-box stores is hardly new. Indeed, many consumers reflexively assume that if a store says “50% off,” the item might have never truly sold at the original price. This cynicism ironically shows how normalized the practice has become. The lawsuit tries to jolt the system by demanding enforcement of California’s stricter laws, but the question is whether such enforcement will be robust enough to truly deter or change the bigger pattern.

Demand for Systemic Solutions

Some consumer advocates argue that heavier penalties, random audits, or a shift in corporate governance is needed to curb such patterns. They propose:

• Stricter Regulation: Mandating detailed record-keeping on prior prices for each SKU.
• Greater Transparency: For instance, requiring large retailers to display how often and how many units have actually sold at the “Was” price.
• Individual Liability: If top executives face personal liability for repeated consumer fraud, they might be less inclined to adopt these strategies.

Whether any of these measures come to fruition is an open question. The argument that “this pattern of predation is a feature, not a bug” in neoliberal capitalism suggests we might see more of it unless structural reforms are made. This lawsuit, then, stands as a microcosm of a bigger social conflict: the push-and-pull between corporate profit motives and the public’s interest in fair markets.

Connecting Back to the Best Buy Case

For Best Buy, these allegations show how a standard operating procedure—always claiming a product is on sale—can become the new normal. The impetus behind such a policy might be the knowledge that “consumers love deals,” combined with the reality that “the chance of a significant crackdown is low.” If the lawsuit triggers broader media coverage or larger enforcement actions, we could see the retailer revise their discounting protocols. If not, the pattern might persist, or else reappear in a slightly disguised form. In that sense, the Best Buy story exemplifies how these alleged “predatory” practices are cyclical and deeply ingrained.

Now, let us turn to the corporate response. Typically, in the face of such accusations, large retailers rely on a well-honed PR Playbook of Damage Control. We’ll explore how that might unfold in the next section, analyzing common denial tactics, partial disclaimers, and pledges of “ongoing commitment to consumer fairness.” Understanding these PR maneuvers is crucial to seeing how big corporations aim to protect their brand amid serious allegations of consumer deception.

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7. The PR Playbook of Damage Control

When confronted with a high-profile lawsuit alleging systematic consumer deception, corporations typically follow a familiar script to contain reputational damage. Although Best Buy’s specific statements are not recited in the complaint (and thus we cannot confirm their exact response), we can outline how major firms generally respond when faced with allegations of corporate corruption and corporate greed in the context of false advertising.

Phase 1: Denial or Downplaying

“We comply with all applicable laws and regulations regarding pricing.”

Often, the first step is to deny the allegations in broad terms. The retailer might assert that they have “internal policies” ensuring compliance with state and federal rules. They may blame any errors on a few rogue store managers or technical glitches in the system—rare exceptions. Even as they do so, the corporation’s PR might minimize the scope of the lawsuit by stressing that “the claims are unsubstantiated” and that Best Buy has a “long-standing commitment to value and transparency.”

Phase 2: Isolate the Issue

“These are isolated incidents, not reflective of our company-wide practices.”

If the complaint cites specific examples, the corporation might say that those examples do not represent the brand’s standard approach. They might mention that they serve millions of customers daily, and, inevitably, a small fraction might have an atypical experience. This attempt to isolate or localize the issue can calm public fears, even if the complaint claims a systemic, nationwide pattern. PR teams sometimes adopt the language of “store-level misunderstanding” to deflect from the possibility of a top-down directive.

Phase 3: “We’re Listening; We’re Evolving”

Sometimes, large corporations will simultaneously claim innocence yet vow to refine their practices. They might announce an internal review of pricing policies, new training for staff, or a reevaluation of signage guidelines. It’s a strategic approach: by appearing proactive, they can neutralize calls for more drastic enforcement or public scrutiny. Paradoxically, these pledges to “improve clarity” can function as an implicit admission that clarity was indeed lacking, but the brand will not frame it that way.

Phase 4: Settlement with “No Admission of Wrongdoing”

In many consumer class actions, a corporation ultimately agrees to a settlement that offers some restitution to certain consumers. Typically, the settlement states that the defendant denies any wrongdoing but will pay money or discount vouchers “to avoid protracted litigation.” The corporation might promise “to comply with all applicable laws moving forward,” which reads as though they were not in violation to begin with. This “no admission of wrongdoing” clause protects the brand from deeper reputational harm but can reinforce the cycle of questionable marketing: if the penalty is small relative to the profits gained, it’s a minimal deterrent.

Phase 5: Rebranding as an Ethical Leader

After the dust settles, some corporations try to rebrand themselves as paragons of corporate social responsibility. They might sponsor consumer education campaigns or highlight philanthropic efforts. This type of brand pivot helps overshadow the negative coverage from lawsuits. Over time, the public memory fades, especially if the company invests heavily in marketing new programs or community initiatives.

The Broader PR Context

Best Buy has a longstanding image as a big-box store that fosters strong customer engagement (e.g., “Geek Squad,” store demos, etc.). If the allegations of systematically inflated references are proven, the brand stands to lose trust among shoppers who rely on them for honest deals. So, we can anticipate an orchestrated attempt at reassurance, possibly highlighting Best Buy’s record with reputable consumer brands, or how they have historically offered “price matching” to ensure the “best deals.”

Skepticism from Consumer Advocates

For those advocating consumer advocacy and social justice, these PR maneuvers can ring hollow. They might see them as attempts to distract from the original wrongdoing. A brand can talk about “community donations” or “educational scholarships,” but for the average customer who allegedly paid an extra $200 because of a fictitious discount, that philanthropic activity doesn’t fix the immediate economic harm. The real question is whether the store will meaningfully revise its discounting approach—or simply re-label it in a way that is slightly more defensible.

The Role of Media and Public Opinion

Public sentiment can also influence how effectively a corporation weathers the storm. If major newspapers or consumer-watch websites pick up the story, the brand might face widespread criticism. In the short term, negative press can push a company to respond more transparently. However, in the churn of the 24-hour news cycle, stories about false advertising might not remain top headlines unless there’s an explosive revelation (like internal memos instructing employees to inflate prices). Without ongoing media coverage, the story may fade, allowing the retailer to quietly revert to discount illusions in subtle forms.

Implications for Long-Term Change

If the final outcome is a settlement with modest restitution to impacted consumers and no significant regulatory penalty, the fundamental incentive to keep discounting illusions might remain. In other words, if it’s proven that alleged false discounts boosted revenue by tens of millions, a settlement of a few million may still be a net win for the company—leading critics to label these practices a “cost of doing business.”

However, in the event of a larger settlement or a robust public injunction that forces changes—such as detailed record-keeping of actual “Was” prices or disclaimers that specify “Prices reflect promotional offers, not prior standard prices”—this litigation could shift the industry’s approach. Indeed, if Best Buy must publicly confirm, for instance, that an item was only sold at the higher price for a handful of days, that might lead them to adopt more honest pricing or at least disclaimers that reduce the illusions.

Tying It Back to the Complaint

The complaint’s prayer for relief includes requests for restitution and disgorgement, along with an injunction to bar Best Buy from continuing the alleged false advertising. The injunctive relief specifically asks the court to require transparency, effectively removing the illusions from day-to-day signage and online listings. Whether or not that relief is granted or remains in place after appeals is critical. The PR playbook alone doesn’t guarantee real changes. It remains to be seen whether a court or settlement will push Best Buy to truly rewrite its discounting strategies—or if PR spin will suffice to let business go on largely as usual.

In the final section, we examine a more philosophical question: Corporate Power vs. Public Interest. If Best Buy has indeed been engaged in such widespread deception, is this the kind of behavior that can be corrected through consumer lawsuits? Or does it demand a deeper shift in how corporate conduct is regulated, to avoid placing the entire burden on private citizens and their attorneys? Let’s reflect on these questions and consider the potential outcomes of the case—and the broader marketplace.

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8. Corporate Power vs. Public Interest

In the ongoing legal battle between Best Buy and the plaintiffs claiming false discount schemes, a central theme emerges: the tension between large-scale corporate power and the broader public interest. If the allegations are accurate, then thousands of Californians—and potentially Americans nationwide—could have been systematically misled into paying artificially inflated prices for essential household goods. While the immediate harm might seem modest to some, the collective toll is likely in the millions of dollars. More importantly, this scenario illustrates how under neoliberal capitalism, the interplay of deregulation, profit maximization, and consumer trust can yield a marketplace in which false or misleading price advertisements persist.

The Stakes for Consumers

From the vantage point of the consumer, the stakes are high. Appliances are not trivial purchases. Even seemingly smaller electronics can stretch a family’s budget. If you believe you’re saving $300 on a product, you might adjust your finances around that assumption—perhaps deciding you can afford a slight upgrade, or not shopping around further. When that “$300 discount” turns out to be more fiction than fact, you lose out. In the best of circumstances, maybe it’s a small frustration. But for lower-income families, that extra expenditure can be the difference between paying the electric bill on time or falling behind. The effect ripples outward into the economic and social health of communities.

Accountability Measures: Are They Enough?

The lawsuit seeks corporate accountability by demanding restitution (repayment for inflated prices), disgorgement of any profits gained from false advertising, and a public injunction preventing Best Buy from continuing its alleged practice. Yet, we must ask whether such a resolution is truly enough. If Best Buy disputes the allegations or eventually enters a settlement, the net financial impact on the company might be minimal—especially if they never formally admit guilt and simply adjust their signage to remain legally compliant. It’s possible that a large public settlement or judgment might have a deterrent effect. But historically, we’ve seen that many corporations continue borderline or deceptive pricing practices if the profit incentives remain and the probability of stiff penalties is low.

Consumers Advocacy and the Path Forward

Consumer advocacy groups have suggested, time and again, that a robust solution requires not only legal action but also public education. If everyday shoppers become more informed about reference prices and discount illusions, the power of these tactics might wane. Unfortunately, many people do not have the time or means to carefully verify historical prices. Under current conditions, the impetus often rests on private lawsuits to shape corporate behavior.

In an ideal scenario, either Best Buy or the courts could mandate a transparent pricing model—where “Was” prices must be substantiated with a verifiable number of days or number of units sold. However, cynics argue that even that kind of system can be gamed (for instance, by offering the product at that high price for fleeting periods or in limited contexts). In short, oversight is needed to ensure that “clear disclaimers” are not just new illusions.

Broader Cultural Shifts in Shopping

Notably, the entire notion of “deal hunting” is deeply ingrained in American consumer culture. If the legal system truly cracked down on fictitious pricing, we might see a shift towards more uniform pricing—akin to a “no-haggle” car dealership approach. Some consumer advocates celebrate that as an honest alternative, but many retailers worry it could reduce foot traffic from promotional deal-seekers. Indeed, part of the reason false reference pricing is so tempting is that “Sales!” remain a proven marketing magnet. In that sense, the Best Buy lawsuit challenges a core consumer habit, not just a single retailer’s alleged wrongdoing.

Any final resolution must remember that a giant corporation is not just an abstract entity: it is also a network of workers, local store managers, distribution partners, and supportive communities. A remedy that simply drains corporate coffers might have collateral consequences for store-level employment. The bigger question is whether Best Buy can remain profitable and treat its employees well without relying on questionable discount illusions. Consumer advocates would argue that yes, it can; corporate executives might retort that discount marketing is just part of the retail game. Balancing these interests—respecting employees’ livelihoods but also protecting consumers from inflated prices—reflects the broader challenge of corporate power vs. public interest in a free-market economy.

Final Thoughts on the Litigation

Whether or not Best Buy is ultimately found liable, this case underscores the complexities of corporate ethics in a fiercely competitive retail landscape. The alleged scheme—where “Was” prices never truly were, and “sale” periods rarely ended—may be just one example of how the modern marketplace is rife with illusions. This is not to say all corporations are immoral or that no honest discounts exist. But it is to highlight that the interplay of consumer psychology, limited regulatory oversight, and intense profit motives can generate outcomes that appear, at best, misleading and, at worst, systematically exploitative.

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💡 Explore Corporate Misconduct by Category

Corporations harm people every day — from wage theft to pollution. Learn more by exploring key areas of injustice.

• 💀 Product Safety Violations — When companies risk lives for profit.
• 🌿 Environmental Violations — Pollution, ecological collapse, and unchecked greed.
• 💼 Labor Exploitation — Wage theft, worker abuse, and unsafe conditions.
• 🛡️ Data Breaches & Privacy Abuses — Misuse and mishandling of personal information.
• 💵 Financial Fraud & Corruption — Lies, scams, and executive impunity.