Out-Law / Your Daily Need-To-Know

Kodak is being sued in England over a recent pricing error which resulted in cameras being displayed on Kodak.com at £100 instead of £329. The action is being taken on behalf of customers whose orders were confirmed by the web site and subsequently rejected by Kodak.

According to reports, more than 2,000 visitors to the web site attempted to place orders for the Kodak DX3700 digital cameras. The case was taken up by the BBC's Watchdog programme which then alerted both Trading Standards and the Advertising Standards Authority. A London-based law firm has filed a lawsuit in Ilford County Court against Kodak on behalf of consumers.

Trading Standards has told its regional offices to collate complaints. In an internal memo, it commented,

"Kodak have taken the view (and are stating this to customers) that their web site offer was merely an invitation to treat and therefore despite customers passing credit card details to Kodak, no contract was ever entered into by Kodak. This view is open to debate..."

Many are hoping that Kodak will contest the case, instead of settling it out of court, in order that the law can be clarified in this area. The expectation of most observers is that, in the absence of anything to the contrary in Kodak's terms and conditions, Kodak formed a contract with the customers when it gave them confirmation of their orders.

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