Best Buy Co. v. Barrera

Consumers brought this class-action suit for “money had and received” to recover a restocking fee that was deducted from refunds made on certain returned merchandise. 1 The trial court certified a statewide class, and the court of appeals affirmed. 214 S.W.3d 66, 71. We conclude that individualized inquiry will predominate over common issues of proof, making the claim inappropriate for class certification. Accordingly, we decertify the class and remand the case to the trial court for proceedings consistent with this opinion.

On January 23, 2003, Velma Barrera purchased a radar detector from…