Best Buy Sells You Backup Plan, Fails To Backup Your Data, Then Replaces Your Hard Drive
Best Buy charged Nicole $99 to backup her data but then replaced her hard drive without backing up a single byte. Nicole's service contract clearly stated that Best Buy would perform the backup before any other service. Now Best Buy is claiming that her old hard drive is their property and that she has no right to the data that they failed to backup or restore.
Nicole writes:
I took my computer into Best buy on February 17 because it wasn't recognizing the hard drive. I'm self-employed and that hard drive contained all the information for my business including the files for my website, my financial information, etc… as well as personal things such as thousands of pictures that I've taken and stored on the computer. My brother, who fixes, programs, and builds computers told me that if they have to replace the hard drive then to ask them for the old hard drive so he could try and get all my important data or send it off to someone who could get it.Well, I spoke with the Geek Squad employee and explained to him how important all the information was on the hard drive and asked if I could get the old hard drive back if they needed to replace it. He said "no", but convinced me that he would be able to back-up the hard drive for me before sending the computer off to get repaired. It would cost $99, of course. He went on to explain how fancy the data retrieval machine was (which is why it cost $99) and that it could get the information of my hard drive and not to worry. So, I took his word for it and gave them my computer to send off for repairs.
On February 27 I got a call from a woman who worked at Best Buy and she left a message saying that my computer was back from the Service Center and that they had to replace the hard drive. However, because the hard drive needed to be replaced, they needed me to bring in the reboot discs that came with the computer… We recently moved and half our stuff is in boxes so I have NO clue where the discs were(or if we even still have them) so I explained that to the woman and she said that without them they couldn't do anything and that I'd have to buy new ones from HP, but they'd look around and see if they had any and would call me back.
A few days passed and I didn't hear back so I called them up to see what was going on. She said they didn't have the cds and so it was my responsibility to buy new ones. That, of course, got me angry because they ought to have that kind of stuff there. What's the point of repairing a computer if you can't get it back in working order?! The conversation led to me telling the woman that I just wanted to pick up my computer and then I asked her about the back-up discs as well…
This is when she told me that they had been unable to back-up my hard drive before sending it off for repairs and I completely flipped! I ended up hanging up and heading straight to Best Buy!
When my husband and I got to Best Buy we stood in line at Geek Squad for about 45 minutes and when it was my turn I ended up being with the same GS employee that I had originally given my computer to. I told the guy that I wanted my computer, the old hard drive and a refund for the $100 I paid to have my hard drive backed up! I pulled out the contract I'd signed and pointed out where the contract states, in CAPS, that the back-up was to be done PRIOR to any services being performed on the computer and that when I brought the computer in I made is VERY clear that I needed to the information on the computer and expressed that I'd like the old hardrive back if they had to replace it(to which he had told me "no" and assured me that he could back-up the info). I even said that, if they needed to, they could take back the NEW hardrive, if that's what it meant to get back my old one.
I told him that since the contract states that the back-up is going to be done prior to the repair services, then when they were unable to back-up the data, then I should have been contacted BEFORE the computer was sent off. Especially since I had made a huge point of telling him how important the hard drive was to me.
I also pointed out in the contract where it states that I am to be contacted if the repairs go above the estimated cost(which was $0). The GS employee had told me that there was a chance that the hard drive would need to be replaced, but no one ever mentioned anything to me about needed to reboot discs. The reboot discs, of course, cost money. Sooo…I feel that I should have been told that ahead of time because that is part of the repair cost(a hard drive is useless if it doesn't have the software on it).
He ended up having me speak to the manager on duty and after about 10 minutes of speaking with her she said that there was nothing she could do and she told the Geek Squad employee to simply call the Service Center and request my hard drive back. I was elated and relieved to hear her say that!
Well, as soon as she walked away the employee told me that he needed me to talk to the GS manager, but that he was on lunch break. So, my husband and I told him we'd come back in 30 minutes so we could talk to the GS Manager, Steve.
When we got back the GS manager was right there, but we had to wait in line and during that time he was off doing something else. 45 minutes later we got our turn in line only to be told to wait because the manager was busy with another customer. We had originally gotten at BB at 5pm and didn't get to speak with the manager til after 8pm and didn't leave til around 9pm!
Anyways, he finally came over and after talking with him for a while he said he'd contact the "Service Center" and ask them about the hard drive and that he'd let me know what they said and couldn't make any guarantees to get back my hard drive back.
I asked him for the contact information for the Service Center and he said that there's no "public contact #" for them. I asked if I could come back tomorrow when he calls them(to ensure that he really does call them and doesn't just sweep everything under the rug because the GS employee told me it would take around 2 weeks to hear back…) and he said that they don't have a contact #…(YEAH RIGHT!) I was told that the only way to contact them is via email and that information was private so he refused to give it to me.
Also, the entire time he was sitting back in a chair and give us a "better then thou" attitude, which just made me that much angrier!Oh yeah, the manager said that the hard drive is their property, not mine. He told me that the contract from my warranty states that any hardware that is taken and replaced from my computer then becomes Best Buy property. However, when I asked him to show me that contract, he said that they no longer have it. I said that if I signed it then they HAVE to have a copy, but he said I didn't actually sign it, but that it was in the pamphlet I got when I bought the warranty. Soooo….yeah….
Now, to today…
I got a call this morning and a Best Buy employee ended up leaving me a message on my phone letting me know that the Service Center contacted them back and they refuse to give me back my hard drive. However, they, of course, said that they'd be more then happy to try and retrieve the information from my hard drive for me (which would cost a VERY large sum of money!).
Sooo...according to the call I got today, that means that they DO have my hard drive and are holding it hostage, so to speak.
All in all, this could have been avoided if they'd just contacted me when the back-up was unable to be done. I find it odd that they'd rather keep my old hard drive and have to deal with me as an upset customer rather then accepting my offer and taking back their brand new, perfectly good hard drive and giving me back my old, broken one instead."
To us, messing with someone's data is on par with taking a kid hostage. You can try to get in touch with Best Buy's executives, but executive email carpet bombs are designed to eviscerate incompetence. This isn't an ordinary customer service failure. This is evil.
Update: Nicole writes in with good news:
I just got a call from Randy Ratcliff who said he is an ambassador for Best Buy and he said that he has my hard drive and that he will be getting my data for me(for free!)! He apologized for everything and said it might take a few weeks, but he WILL get the data, even if he has to send it off to a clean room!Thank you all SOOO much! I'm positive that if it hadn't been for you guys posting my story that I would have never gotten this response from Best Buy. You all are awesome for helping us "little people" get our voices heard!
(Photo: Sal Paradize)
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Comments:
I don't know if I feel sorry for you or not since you did take it to geek squad. A simple search on consumerist or even google would tell you how incompetent geek squad really is. Anyhow, your best bet is to file a claim against them in small claims court for the return of the hard drive and for them to cover the data recovery from a professional data recovery center.
It is true, data recovery isn't cheap on a completely dead drive. I've seen costs go up around 10k dollars for data recovery.
The ultimate lesson here is, if its important to you, back it up, otherwise, you are the only person you can hold at fault here. Oh and geek squad sucks =)
Have a nice day.
Wow! Just wow! Based upon comments here in the past, I've steered everyone in my family and all of my friends away from Best Buy -- particularly for computer products and services. I wouldn't DREAM of purchasing anything significant from them, nor would I trust their Geek Squad to lay a finger on my computer. While every company has their customer service problems and failures from time to time, Best Buy above all other companies seems to excel at providing poor service, poor products, poor knowledge, at a poor-value price.
I hope she's at least able to get her hard drive and her $100 back. If it were me, I'd be preparing my small claims paperwork.
I hate it when I see these stories, and also see that the majority of the comments are along the lines of either:
"What were you thinking taking it to Best Buy?", and
"You should have been doing regular back-ups."
I know these things, you know these things, but not EVERYBODY knows these things. Not everyone is tech-savvy. How is the average person supposed to know that the hard drive in their $1000+ computer is not bullet-proof? You would think that there isn't a sizeable chance of your data being lost, but it is a real possibility.
Also, I feel terribly for people that lose all of their photos. I have 1500+ on my computer, and I would be crushed if I lost them all.
Comcast better watch out because Best Buy is making a serious run at their title of World's Worst Company. I simply won't deal with Best Buy on any level. I've personally never had a problem with the products I've purchased there but too many of my friends and family have shared and included me in horror stories about their service contracts and I've spent hours on the phone with their CS staff trying to get them to honor a warrantee on my sister's stereo. I hope the economic downturn forces them out of business. I feel no sorrow for their employees if that happens because they are the root of their problems.
Instead of standing there arguing with an arrogant 'manager', why doesn't she just call Best Buy customer service? A quick look at the website includes the information in the 'contact us' portion of the website:
Customer Service, Web Site, Store and General/Corporate Inquiries
Best Buy Corporate Customer Care
P.O. Box 9312
Minneapolis , MN 55440
1-888-BEST BUY (1-888-237-8289)
While best buy really screwed this lady over on the data backup service, she really needs to understand that they can't just whip out copies of the computers operating system on demand. That costs money, and you can't simply activate unlimited copies of XP. Each copy costs the OEM (Origional Equipment Manufacturer) money to install on a computer.
If she didn't have her disks, then the responsibility is hers to get a new copy of XP or to find her origional install disks.
@LordofBacon: yes, but there is a CD-Key label ON her laptop(physically) that shows the license type(eg XP pro or Vista Ultimate or Home PRemium) with the CDKey that would activate it... all you need is any Vista DVD(retail or OEM of that specific laptop), or any XP disc..
sigh...
@ Lord of Bacon I don't understand how anyone could possibly say it was this woman's fault for sending her computer to Geek Squad. I say this even though I've had awful service from them over the years, and no longer go to Best Buy. Why? Because Best Buy didn't just botch the repair job, they chose not to do what she paid them to do, and then requested more money to go back and fix their mistake. That sounds like a legal issue to me. Stop blaming the consumer.
Actually, it IS fairly ordinary customer service from Geek Squad. I used to work there for about a year and finally quit (at the worst economic time I possibly could have) because I was sick of being treated like crap from the company and pissed off customers because my entire company was a complete customer service disaster.
I would constantly have people pissed that not only would they have to pay for backups on our 'fancy machine' (it's just an external hard drive case taken apart...), but also having to order OS discs and usually taking home an even more busted computer.
Ok, the part about not being able to recover off a dead hard drive makes sense, the part about not having the system software makes sense, the other static about waiting in line, dealing with incompetent customer service people is expected -- BUT what is the business reason Best Buy would hold on to parts that have been replaced and not let the customer have them? If there is some insane reason to keep replaced parts -- then why do they still have the harddrive???
In the mean time, everyone needs to learn to make not just one, but two, backups of all their data. This should be done on a regular basis depending on how often the computer is used. External drives are a really convenient way to do this. But you need two of them because these can break down, too. In addition to alternating between the 2 backup drives, you need to also test to be sure everything that is backed up is readable. It's no help if your hard drive dies to find your backup is not readable. It is possible for hard drives to succeed at writing, but fail at reading that data just written.
For especially critical data, if it's small enough, USB flash memory sticks are also usable.
I have done data recovery, and it's almost never straight forward, especially for older drives where control boards are not available to swap out for dead ones. The most interesting data recovery I did was a computer that sat under muddy river water for a week in a flood. I managed to get 99% of the data with 2 weeks work on it.
This is Best Buy being lazy. When I was working in a small computer repair center/store 4 years ago, this was a relatively common occurrence. It's always preferable to have the "reload" CDs, but if all else failed, we had a generic OEM XP CD for this very situation. As long as there was an XP product license (with a valid serial number) on the case, it wasn't a problem. It wouldn't always activate over the internet, but I never had a problem calling into Microsoft to activate it over the phone.
The biggest pain in the ass was finding drivers and installing them manually. Although, most major manufacturers (Dell, Gateway, HP, etc.) have gotten much better about posting drivers for each product online.
OP.....if you get your HD back from BB, I can retrieve the data for $10, you pay shipping back and forth between us. I am not sure why companies think they can charge tons of money for data retrieval. It's actually a pretty simple, yet can take a painstankingly long time depending on the size of the drive. I have yet to not retrieve data, unless the controller is dead. Then, well.....your pretty screwed. But I doubt that is the problem here.
This customer's rightful position would turn on the type of repair.
If this was a warranty repair (either manufacturer's or extended warranty) then she has a right to a repaired computer (which she got). She does NOT have a right to the replaced hard drive. The replaced parts belong to the insurer.
If this was a non-warranty repair she has a right to all replaced parts (since they remain hers).
The restore disk is solely HER responsibility. The store does not have access to replacement disks and it would be copyright infringement for them to use another disk they did have access to. If she doesn't have the disk, then the service center has done everything they can after they replaced the drive.
On the non-performed Data Transfer, she would appear to have a case for return of the non-performed service.
She deserved better treatment from Geek Squad but we're not hearing how she treated them either. She doesn't have much of a claim here. Good luck
Hmm... I wonder how bad the hard drive was damaged. If it is physically dead - damaged read head or the like - recovering would be expensive, and I wouldn't expect anyone except a professional hard drive recovery firm would be able to recover it. I'm also wondering if the machine was repaired under warranty or not - if it was, I can understand about not giving it back, since most warranty replacement requires a core return, ie the item being replaced.
The Best Buy service centers of course have phone numbers that stores have. There are a few service centers around the country and the stores around the general area would ship their products for repair to.
If you live anywhere in and around Texas, the service center for Best Buy is in Flower Mound, TX, just outside of Dallas. I believe there is also one in Louisville, KY and Phoenix, AZ (the ones I know of).
I didn't see anywhere in the story that you asked for a refund, and maybe you're waiting to get this resolved and ask for your money back as a last resort, but either way, I would at least get your money back. Do the EECB like others have suggested and see where that goes.
This is why every PC user should have a copy of SpinRite from GRC. It is one of the best drive recovery programs available and only costs about $90. It can frequently recover a drive that is non bootable or produces the dread BOS. If she gets her drive back she should put it in any PC and run SpinRite.
I am not affiliated with GRC or SpinRite, but am a very satisfied customer.
I don't think the customer was informed properly of what was needed or how much is involved with the repair. Geek Squad has to realize that most people who use them know nothing about computers. The average Joe isn't gonna realize they need the restore disks and how much it is going to be for data recovery, so BB needs to inform the consumer about this. She should have been informed about everything before they even took the computer, including the restore disks, especially since she explained what the problem was before hand. At this point they should have explained about the restore discs and that they shouldn't just magically be able to place a copy of Windows on the drive. This is a very, very common problem when dealing with computer repair. I understand that you can't just stick a copy of Windows on the computer illegally, but most consumers don't know this, so they need to be informed.
@MauriceCallidice: No kidding, right?
Whether she should have gone to the Geek Squad or not is besides the point. They're doing something pretty clearly unethical, hence the reason for writing in.
Though, one thing I can agree with Technick is that if you have that much information on your hard drive, you really should invest in getting an external harddrive and backing the information up.
@Technick:I always have believed that everyone should have to get a license to own a computer, just to demonstrate they know what they're doing. Maybe obtaining A+ certification before purchase as the basic bare minimum.
Yeah, Best Buy is at fault for failure to provide the backup service. But, I have zero sympathy for anyone that fails to complete such a basic computing task on their own.
Part of the problem here is that it sounds like they lied to her about the backup in the first place.
How is the Geek Squad going to use their $99 automated backup tool if the laptop isn't recognizing the hard drive in the first place? Answer: they can't. From the description of the problem, it sounds like data recovery is the only option. But of course it isn't cheap, starting at $259. It also requires the hard drive to go to Kentucky.
If she can't get the hard drive back, then she needs to send it to a place like DriveSavers (or her brother). If not, then hopefully Best Buy can cut her a deal on the data recovery since they dropped the ball here.
@enthreeoh: I know! I can understand when people continue to shop at Walmart or something because the prices are usually cheap. But Best Buy doesn't even have good prices or a good selection of products.
I've tried to do the same, but my mother decided to go the whole Best Buy, Geek Squad route and now she won't leave me alone about all the crap it keeps giving her.
I fucking hate Best Buy, but I love Newegg. I try to steer everyone that way when I can.
@MauriceCallidice: And 35 minutes from the posting of the blame-the-victim comment to someone pointing out that it is the first blame-the-victim comment... *sigh* that gets equally old.
@MSUHitman: Or just a small claims suit for breaching the contract. She should easily be able to get $100 for the refund and the old hard drive.
@raincntry: I hear that they are really upset about not winning the Golden Turd last year... so they've vowed to do worse this year. Best Buy should be a shoo-in.
@Mike8813: They have white shirts and black ties. They must be good, right? (Actually, in the old days before Best Buy bought the Geek Squad, the answer was yes.)
Except that Microsoft is aggressively going after both manufacturers and retailers for those generic OEM discs. Consumerist loves to talk about all the legal crap well guess what, Microsoft specific says generic OEMs are a no no. My buddy that still works at Geek Squad informed me that about 6 months ago they forced all the stores to throw out those generic OEMs so that Best Buy wouldn't get sued.
The deopt is very unlikely to give you the drive back, tat is common practice. HOWEVER they are at fault for replacing the drive without being able to do the backup first, so I would certainly go as high up that chain of command as fast as you can, becasue the depot will scrap the drive pretty quickly.
As far as the restore disks go, this is not their fault. It sucks that they didn't tell you, but they don't keep them on hand, becasue most models have a different restore disk (restore disks include the OS, drivers, crappy bloatware, etc. Everything that came on your computer) They go and install windows from a disk they have (and any tech worth their salt has the disks to do this becasue they are needed so frequently) and use the CD key on the computer, but they would then have to go find all the drivers for the computer (about 2 hours in all to get it running properly) and you still wouldn't have the software that came with it (a perk in my opinion, but many customers get mad about this).
anyway...move fast, get a hold of corporate and get this resolved from there. The store level really is as useless as you describe, and the manager probably doesn't have a phone number for the service center.
aguacarbonica
I'm not blaming the consumer. I clearly said that Best Buy screwed the lady over on the backup job. But when it comes to the OS install CD's, that's HER responsibility. And it is.
So the clear solution in this case would be for best buy to refund the money they charged for the backup, and return her original hard drive.
I had a hard drive failure on my Dell laptop a couple of years ago and also didn't have the OEM disks to reinstall Windows XP and all the drivers. I called Dell and they overnighted me all the disks free of charge. Has the OP tried calling HP and asking about this? Now, my laptop was still under warranty, which I am assuming hers is not since she took it to the Geek Squad. But maybe HP would send the disks. I'm probably naive.
I once contemplated using the Geek Squad when I popped the C key off my laptop and couldn't figure out how to get it back on (the rubber foot also came unglued). I didn't want to take the trouble of mailing it out to Dell and losing it for 3 days, so I thought I'd just pop in to Best Buy and they'd put the key back on for me. I decided I was too scared to so I just learned to type C by hitting the sensor with no key. It worked just fine for months. Dell eventually fixed my C key when they replaced my hard drive. I think I might just buy another computer rather than using the Geek Squad after stories like these.
I read the article and at first thought "Wow! What terrible customer service and what an appalling failure on Best Buy's part to provide the service they were contracted for and paid to do!"...
BUT
Then I read the comments and learned how this is not Best Buy's fault! It is actually the poster's fault for:
1) not being aware of the need to have backups of all her data
2) going to Best Buy at all
3) engaging the services of Best Buy technicians
4) overall and most importantly, for not being as computer savvy as the commenters here are.
Wow! What a revelation! Good to know that Best Buy is off the hook here and blameless in this situation due to the abhorrent lack of technical proficiency on the part of the customer.
I now know that anyone who lacks knowledge in any area of life and thus engages a professional to provide services in that area DESERVES any scam or ripoff that professional visits upon them.
/sarcasm
@raincntry:
It's not the employees it's the manager who only want people who can sell and cutting the houses of people who know what they are doing and don't over upsell / overbill people.
Did they even try to make a backup? just try the bare basics of trying to do it and it did not work they they just sent to off to Service Center and the Service Center not having the restore disks or some kind of a basic windows install disk?
Did they even test the system to see if was hard disk or anything else was not working. Also you should get the bad parts bad as there is lot of scams where places Service Centers like Jiffy Lube bill you for a new part but just keep the old in there.
















WORST BUY.