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Customer sues Best Buy for breaking the law, gets banned
According to a story posted by The Consumerist, Best Buy has banned a shopper after being busted for violating consumer protections. In January, a Consumerist reader named Jed broke the digital audio-in port on his Sony receiver. He decided to have it repaired by Best Buy's Geek Squad, who charged him a $34.99 deposit and promised to call before making any costly repairs.
The job was supposed to be completed by February 1, but Jed never heard back. After leaving several messages, he finally spoke with a Geek Squad agent on February 6 and learned that his receiver was sent to Sony for repairs on January 26. Naturally, that ticked Jed off because he could have saved the non-refundable $34.99 deposit by sending the receiver to Sony himself.
On February 17, Jed returned to Best Buy in person and learned the repair would cost an additional $115 over the initial deposit -- again, that's for unauthorized work. After expressing his frustration, Best Buy's store manager tried to haggle, offering to lower the repair fee from $115 to $94.92. Jed protested further and eventually got his receiver back without paying for repairs.
Despite having the repair charges waived, Jed decided to sue Best Buy for allegedly violating three consumer protections. The court sided against Best Buy on two out of three counts and Jed won $3,000 for his troubles. When he received his check, the mega-retailer enclosed a letter informing him that he'd face trespassing charges if he stepped foot in another Best Buy store.
We left out some of the minor hassles Jed faced while recovering his receiver, but do you think his suit was justified? Would you have accepted the free repair as compensation? Is Best Buy just a sore loser for banning Jed? Although the suit may seem like overkill, some commenters make a valid argument in saying that companies should be held accountable for breaking the law.
The job was supposed to be completed by February 1, but Jed never heard back. After leaving several messages, he finally spoke with a Geek Squad agent on February 6 and learned that his receiver was sent to Sony for repairs on January 26. Naturally, that ticked Jed off because he could have saved the non-refundable $34.99 deposit by sending the receiver to Sony himself.
On February 17, Jed returned to Best Buy in person and learned the repair would cost an additional $115 over the initial deposit -- again, that's for unauthorized work. After expressing his frustration, Best Buy's store manager tried to haggle, offering to lower the repair fee from $115 to $94.92. Jed protested further and eventually got his receiver back without paying for repairs.
Despite having the repair charges waived, Jed decided to sue Best Buy for allegedly violating three consumer protections. The court sided against Best Buy on two out of three counts and Jed won $3,000 for his troubles. When he received his check, the mega-retailer enclosed a letter informing him that he'd face trespassing charges if he stepped foot in another Best Buy store.
We left out some of the minor hassles Jed faced while recovering his receiver, but do you think his suit was justified? Would you have accepted the free repair as compensation? Is Best Buy just a sore loser for banning Jed? Although the suit may seem like overkill, some commenters make a valid argument in saying that companies should be held accountable for breaking the law.
User Comments: 105
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Sarcasm said:
jonelsorel said:Are some of you people brain dead and breathing? He was well within his rights to sue them. I expect an established company to which I pay a premium over an online store's price to manage customers accordingly. They COULD and SHOULD have informed him that the repair would require the receiver to be sent to sony for an extra charge.
It's not like suing starbucks for the coffee being too hot.. Or mcd for making you fat.
This is one of the cases in which one consumer actually sets a GOOD precedent by suing a company, and some of you still find ways to be against it.. That, for me, is proof of under 100 iq, to put in nicely.
I've learned to stop posting on techspot and just read the articles. Why? Because it's rampant with close minded and biased individuals who think their sh*t don't stink.
But I agree with your point. =)
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he took a sony receiver in for repair because he had broken the digital audio in port?
if it was the optical port, then common sense would tell anyone with a pea sized brain or larger that it is going to cost them a lot to get it repaired.
it was obviously out of warranty, or he would have sent it straight to sony and had it repaired under warranty (if it wasn't excessive force or deliberate mis-use that damaged it)
ok, best buy could have kept him informed better than they did. & really should have asked before sending it to sony. or maybe Sony GOT it WRONG, and best buy had asked them for a quote for the repair but instead repaired it anyway. probably the case didn't go that deep into that.
whatever though, he got the repair done for free on a receiver that was obviously out of warranty, so it wasn't a new item anyway. i think that was compensation enough for his time.
suing best buy was really not justified & just adds to the immoral compensation culture that is increasing.
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@jonelsorel - It's not a question about IQ, it's about whether you are going to be an ******* without a life and make a big thing out of this, or just let it go by and enjoy the newly repaired device. Really, it's a question about enjoying life vs. well... you get it.
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I've learned to stop posting on techspot and just read the articles. Why? Because it's rampant with close minded and biased individuals who think their sh*t don't stink.Well now let's see. somebody who calls himself, "Sarcasm" announces that he's better, more informed, and open minded than the general quality of person that still does post here. This has all the earmarks of the pot, kettle, black syndrome.
Next time, cut through the circuitous grandiosity and innuendo, by simply telling us, "my s*** doesn't stink, and here's why".....!
Be prepared to prove it...
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IS this kind of sh!te behaviour legal in the US? OMFG if it is, I pity comsumers over there... Thank God for the EU commission
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LNCPapa said:
I would've banned him if it was my establishment. He still got a free repair out of it before getting a check. Sure, BB made a mistake, but filing after getting his free repair is too much. If you owned a business and were someone did this to you would you want to continue doing business with them after you attempted to reconcile by giving them free product/services?
edit: Wait, the same EU that went through that IE debacle? We've all got problems no matter what country we're in.
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I would've banned him if it was my establishment. He still got a free repair out of it before getting a check. Sure, BB made a mistake, but filing after getting his free repair is too much. If you owned a business and were someone did this to you would you want to continue doing business with them after you attempted to reconcile by giving them free product/services?
There's actually very little point in attempting to reason with most of this crew. To be sure, if if it was their business that was affected by this, they'd be preaching a far, far different sermon. IMO, it's surely OK to cry if you've been hurt, but after you've been made whole, it's time to shut up.
IS this kind of sh!te behaviour legal in the US? OMFG if it is, I pity comsumers over there... Thank God for the EU commissionWTF is a "comsumers"...?
BTW, I have no idea where you're from, but consumers have as good or better protections in the US, than anywhere else in the world.
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Yes the very same Commission that Microsoft had to go down on one knee to
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Id like to point out that if he gets any coupons in his mail or adverts addressed to him from Bestbuy (Which he will), This can legally be construed as an invitation to come back and that he is no longer banned. Therefor If he went to a Bestbuy store after getting said coupon and they did indeed get arrested for trespassing he would have further legal recourse against Bestbuy.
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Yes the very same Commission that Microsoft had to go down on one knee toAt the end of the day, whether or not M$ was "down on one knee", is mostly a moot point.
If you're touting the IE browser ballot issue, I seriously doubt any "comsumers" where actually "helped" by it.
If they had any sense, ability, they would have easily came up with alternative browsers on their own. It is a dirty, thankless job, protecting people from their innate stupidity, but not one that goes unrewarded. Do consumers partake of any fines levied, or is that money absorbed back into the bureaucracy, to enable the commission to levy more fines?
Consumer: I mean really, the plot goes something like this, "that darn M$ is forcing me to use their browser".
Advocate: Then use another browser.
Consumer: I don't know anything about other browsers.
Advocate: Then learn about other browsers.
Consumer: That sounds hard! Besides, I have to keep up with my obligations on Facebook and Twitter. Well, at least when I'm not running my yap on my iPhone. Where would I find the time?
Advocate: Well, don't you think that the choice of a proper web browser is more important than playing, "Angry Birds".
Consumer: Well, I hadn't thought about it at all. Is it more important than even "Twitter"?
Advocate shrugs, and as he's walking says, "I think that IE would be your best choice". Ignore than silly ballot screen, the EU Consumer commission was paid to put that there. (Continues mumbling to himself as he walks away, "paid to put that there was an oversimplification, but what could I do really)?
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captaincranky said:
You're exactly the kind of "customer" I was talking about.
If you think about it, forums such as Techspot pander to incompetents, transients, and moochers, far more than their value as website traffic.
If you think about it, forums like Techspot function as the sales staff for Newegg. The noobs come hat in hand whining, "gee, I want to build a computer, and I've never done it before", and expect that the people at Techspot will bend over backwards pandering to their narcissism and lack of ability, for free, gratis, no charge. (Notice the capital "I" stuck in their throat)!
So then, we link to the parts at Newegg, effectively selling them for "the Egg".
The net result of this is Newegg doesn't have to hire salespeople, (who after all, have a special place in hell). And Techspot doesn't have to pay technicians either.
And who wins? He who comes begging. Sad and ironic really, if you think about it.
The nice thing about having been in sales, is I'm a great shopper by extension. Plus, I need no help from you whatsoever, in selecting parts, building a computer, or keeping it running. So, in my little "special" corner of hell, you're totally irrelevant. That said, keep your wallet in your pocket, along with your hopes, dreams, needs, and most of all, your problems.
And you're the typical sales person who thinks anyone but yourselves are mumbling ****** who need to be led by the hand.
I've never demanded or expected help from Techspot users, I was very fortunate to have Relic help me build my computer with parts from Newegg, which I was purchasing from anyways because their prices and combo deals knocked off a huge chunk from the price I would have been charged at any other store/website.
Enjoy your corner of hell, I'm sure you'll have plenty of time to buff that huge condescending ego of yours.
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All this tells me is me that Relic is a whole lot better at dealing with needy than I am. It does less than nothing to advance my opinion of you.
I've never demanded or expected help from Techspot users, I was very fortunate to have Relic help me build my computer with parts from Newegg, which I was purchasing from anyways because their prices and combo deals knocked off a huge chunk from the price I would have been charged at any other store/website.
The customers I'd rather not take money from, are the ones that short out motherboards, then return them as defective, Buy big screen TVs on Super Bowl weekend, then return on Monday after the game.
Then there's the paranoid little men that think everybody's out to screw them.
Or maybe the toads that go to the store, and waste your time asking all kinds of questions about a piece of equipment, so they're comfortable buying it online.
Do you fit any of those categories?
And before I forget, free advice, assistance, and counseling are still free advice, assistance, and counseling, irrespective of the spirit in which they were tendered.
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supertech said:
Hhat do you expect when you go to GeekSquad?
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The fact is that the man got the repair done free. Which was the ultimate goal whenever you try to get anything fixed. Granted I will admit Best Buy did violate the rules. However I believe this man was only trying to sue so he could get rich. I mean come on, he got the repair for free! He had no reason to waste the money to take them to court. I believe he should not be allowed back into any Best Buy stores. Who would want someone in their store who took them to court after they gave them free repair service?
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Geek Squad ****s things up on a daily basis. That have no idea what the hell they are doing. If you know what the "any key" is on a computer you can work for them. They is little to no comm between the stores and the repair centers and the system they use to try to keep track of everything is ancient and buggy as ****.
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captaincranky said:
All this tells me is me that Relic is a whole lot better at dealing with needy than I am. It does less than nothing to advance my opinion of you.
The customers I'd rather not take money from, are the ones that short out motherboards, then return them as defective, Buy big screen TVs on Super Bowl weekend, then return on Monday after the game.
Then there's the paranoid little men that think everybody's out to screw them.
Or maybe the toads that go to the store, and waste your time asking all kinds of questions about a piece of equipment, so they're comfortable buying it online.
Do you fit any of those categories?
And before I forget, free advice, assistance, and counseling are still free advice, assistance, and counseling, irrespective of the spirit in which they were tendered.
I do none of those except be paranoid.
So according to you, demanding free help and asking for help are the same thing? Typical number cruncher mentality that only takes into account the result and completely disregards the means with which it was obtained.
This is why I'm paranoid of anyone trying to sell me anything.
Guest said:The fact is that the man got the repair done free. Which was the ultimate goal whenever you try to get anything fixed. Granted I will admit Best Buy did violate the rules. However I believe this man was only trying to sue so he could get rich. I mean come on, he got the repair for free! He had no reason to waste the money to take them to court. I believe he should not be allowed back into any Best Buy stores. Who would want someone in their store who took them to court after they gave them free repair service?
Yeah, he got real rich with $3000.
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All COD work done with Geek Squad has a pre-approved amount on the paperwork Jed would have signed to send the unit to be serviced. Jed is in the wrong and cryed like a baby about it. I bet next time he will read the paperwork better. I hope he shops online now and stays out of stores so that employees can assist more educated people.
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Best Buy "at it's best" - or normal behavior?
I advise a lot of home users on what new computer to buy. Because of unbeatable price/performance over the last four months I have had to send many of my customers to BB for a certain computer model available exclusively at BB.
The customer spends $400 and gets a box that clearly had been opened and resealed. Geek Squad has worked on the computer, removed some manufacturer pre-installed software and put the "Best Buy PC App" on the machine. Purpose of this piece of %^&* seems to be to twist the customer's arms to install other software that I presume BB would get a cut of the subscription or license fees. MAYBE okay business practice to enable a really rock bottom low price.
BUT: The customers were never told that they actually got a used machine, somebody had unpacked, modified and used it. Yuck!
My small part: I am regularly "guest expert" for computer questions on a local radio call-in program. I can tell this true story on the radio thus warning people of BB's practices.
It's not as if BB is the only retail outlet, right?
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Best Buy "at it's best" - or normal behavior?
Best Buy "at it's best" - or normal behavior?I advise a lot of home users on what new computer to buy. Because of unbeatable price/performance over the last four months I have had to send many of my customers to BB for a certain computer model available exclusively at BB.
The customer spends $400 and gets a box that clearly had been opened and resealed. Geek Squad has worked on the computer, removed some manufacturer pre-installed software and put the "Best Buy PC App" on the machine. Purpose of this piece of %^&* seems to be to twist the customer's arms to install other software that I presume BB would get a cut of the subscription or license fees. MAYBE okay business practice to enable a really rock bottom low price.
BUT: The customers were never told that they actually got a used machine, somebody had unpacked, modified and used it. Yuck!
My small part: I am regularly "guest expert" for computer questions on a local radio call-in program. I can tell this true story on the radio thus warning people of BB's practices.
It's not as if BB is the only retail outlet, right?
That was from me. I don't need to hide in anonymity...
Sorry for the duplicate.
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I not only feel Jed was in the right for suing Best Buy, but I congratulate him! Too many companies are breaking the law over and over and getting away with it. Yes, EVERYONE makes mistakes, even companies. But, when he brought this to their attention the FIRST time, they should have rectified the problem completely. Instead they were greedy. They were rude. They treated him very poorly. What kind of America are we living in when the standard hard working citizen is treated like crap at every turn!? I'm so tired of this treatment.
Yes, Best Buy may have a legal right to ban him, but even that is of poor taste. There are MANY things that CAN be done by Jed and by Best Buy, but what justifies these actions? In Jed's defense, I see a good reason. He brought their attention to their lack of responsibility and they just pushed him and his rights aside and tried to force him to pay for repairs that were illegal (as proven by him winning the court cases). As for Best Buy banning him, I really don't understand. How can ANYTHING Jed did be illegal that he SHOULD be banned? Best Buy decided not to charge him. So, how can he be breaking any Consumer Law? If I go to restaurant and they screw up my order so decide to correct my order and not charge me for my meal, how am I breaking any law? I'm paying for what is being requested of me to pay. If I don't bring it to the manager's attention that they made a mistake, they would charge me and never fix anything. If I say something, they might correct the problem and possibly not charge me as well. HOW IS THIS BREAKING A LAW? I see Best Buy's decision to ban Jed as VERY inappropriate and shows just how selfish they are! I'm quite disgusted with their actions and must say, this is just another bad strike in a long line of bad strikes against this company. I already rarely step foot in this store because of their crappy return policy, horrible support, overpriced items, and general overly greedy nature of this chain of stores. Do I need to remind anyone of the employee that was fired over his Iphone 4 farce video that he created...without EVER saying Best Buy in the name at all....created at home, in his own time, and the poor guy gets terminated over it? Freedom of speech my ***! Sorry, it just really disturbs me to see this HUGE dividing line between being an American and being a part of CORPORATE AMERICA. God Save us all!
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AnonymousSurfer said:
This is definitely best buy's fault. If they didn't try to rip people off, they wouldn't have any ******* problems!
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Guest said:
... Do I need to remind anyone of the employee that was fired over his Iphone 4 farce video that he created...
I sure would appreciate a link to this one! Cheers.
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Darkshadoe said:
OK.. A judge agreed that Best buy VIOLATED two out of three consumer protections meaning........anyone?
Best Buy broke the law. He had the right to sue..case closed. As far as Best Buy banning him from their stores..He's probably better off.
"I hope he shops online now and stays out of stores so that employees can assist more educated people."
LOL. If the people are more educated, why would they need the help? Also wouldn't the less educated people have a harder time trying to buy something online because well..they are less educated?
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darkshadoe said:
OK.. A judge agreed that Best buy VIOLATED two out of three consumer protections meaning........anyone?
Best Buy broke the law. He had the right to sue..case closed. As far as Best Buy banning him from their stores..He's probably better off.
"I hope he shops online now and stays out of stores so that employees can assist more educated people."
LOL. If the people are more educated, why would they need the help? Also wouldn't the less educated people have a harder time trying to buy something online because well..they are less educated?
educated people don't go to best buy anyway.
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Darkshadoe said:Guest said:
The fact is that the man got the repair done free. Which was the ultimate goal whenever you try to get anything fixed.
Wrong. The Ultimate goal is to get something repaired at the lowest reasonable cost possible while the repairer gains a reasonable profit from their work. Win-Win
Granted I will admit Best Buy did violate the rules. However I believe this man was only trying to sue so he could get rich. I mean come on, he got the repair for free! He had no reason to waste the money to take them to court.He invoked his rights and decided to sue because of the hassle Best Buy gave him. In good faith he took stereo to Best Buy to be repaired and paid the fees associated with that. The work was supposed to be completed on February 1 per the article. Seventeen days later, the work still wasn't done. Best Buy was in breach of contract for not delivering his stereo, repaired, back to him on Feb.1st.
Secondly, per the article, he was promised by Best Buy to be notified if the costs involved in repairing the stereo were going to be more costly than originally agreed upon. This should have taken place BEFORE they sent the stereo to Sony. Any reputable repair person knows this otherwise they aren't in the repair business for long. After all the hassle and haggling, they gave him his stereo back with free repairs, this is true. Best Buy probably realized they messed up by breaking 2 or 3 consumer protections and decided to do so. The point is that Best Buy broke the law. Plain and simple. Who cares that he got the repairs for free in the end. If Best Buy hadn't of tried to gouge him with all these fees and hassle and just been straight forward with Jed, none of this wouldn't have happened.
In winning, I seriously doubt he lost money. Usually the loser picks up all the legal costs and fees.
I believe he should not be allowed back into any Best Buy stores. Who would want someone in their store who took them to court after they gave them free repair service?If Best Buy said at first, "Sure, we'll repair it for free" then I would be inclined to agree with you. It was only after 23 days, lying to him, and giving him the run around that they finally offered to drop all costs.
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