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Couple Says Best Buy Is Holding Data Hostage For $1,500

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Diane and Jo say they brought their computer to Best Buy's Geek Squad to get the CD drive fixed, but the Squad had some other ideas. After the dust cleared, the couple had gained a new hard drive they didn't want and lost all their data.

Diane writes:

I am writing to you because my husband and I are really getting the run around from Best Buy.

We bought a PC about 5 years ago, which has become our children's computer. It was in good condition, except the CD player in it was broken. We bought the extended warranty for the computer so we brought the tower in to the (redacted), NH store to get the CD replaced over 3 weeks ago. We declined backing up the data (a $100 charge) since replacing the CD drive is not a big deal, and does not require any work to be done to the hard drive. My husband would have replaced the CD drive himself, but then it would invalidate the warranty.

We found out this week that there was actually more work done to the computer than just what we had requested. In fact, our entire hard drive was replaced, thus all of the data is now gone! Apparently there were other things wrong with the computer than what we thought and the Geek Squad thought it would be in everyone's best interest to replace the hard drive. In fact, the Geek Squad replaced so much on the computer that the value of the work that they did is well over the amount of money that the computer is even worth!!! If we thought there was even a chance that our data was in jeopardy, we definitely would have backed it up ourselves, or paid the $100 to have it backed up.

So, to make a long story short, the Best Buy Geek Squad is asking that we pay about $1,700 in for lab fees, an external hard drive and labor in order to MAYBE aquire about 80% of the data from my computer. When we called their corporate office, after a 2 hour phone call, my husband was told that the corporate office, "does not negotiate fees". Corporate Office called the GM from the Best Buy in (redacted), NH and they are giving us a $200 gift card that we can use to pay towards the fee.

We need your help! We do not have an extra $1,500 to get our data back! We are losing thousands of photos of our children, and a lot of personal and professional files. I now know that we should always back up our data, but honestly, we were just getting the CD drive changed! We didn't want anything else done to the computer! It was working just fine! We truly feel like we are being wronged here.

I just need to know what to do next? Do we pay the fee and then sue them? We could put it on our Best Buy credit card (interest free for 18 months) although I really don't want to.

Best Buy seems to be admitting some fault here by offering the $200 gift card, but it's but a bandaid for a gaping wound. You're in a tight spot, because while it was totally reasonable to assume that replacing a CD drive wouldn't include erasing your hard drive, you aren't really dealing with a reasonable entity. We haven't examined the terms of your warranty, but if you feel like you can make the case that it was violated in any way, you can try taking Best Buy to small claims court.

It's not expensive and you can do it yourself. Here's some information about the small claims process. It's different in every state, but NH's limit of $5,000 should cover your issue if you're able to make your case.

Internet, how have you handled similar situations?

(Photo: dooleymtv)

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LupusGray
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Backups, people. Backups.

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I know when you get your car repaired the shop is required, by law, to give you the old parts on request.

Time to see if this applies to all repair situations. Tell them you want that old hard drive back or you'll be suing. You can then check for yourself if the drive is actually destroyed or not.

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Does she say if she signed any sort of waver that said they could format the harddrive if they deemed it necessary? I've used Geeksquad before (It wasn't my choice.. ugh.) but I don't recall if they have you sign anything like that.


I know Gateway did have you sign something like that back when they would actually service my laptop. Even though the problem had nothing to do whatsoever with the harddrive. (They were supposed to replace part of the outer housing.)


She needs to go over all the paperwork she signed.


Either way.. it sucks.

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I would really like to see a breakdown of how they are charging you. For $1700 you could have bought a super speedy quad core gaming system and a nice Geforce.
So am I to understand they replaced the HD? Then they should have the old one on hand to give you back.

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I_have_something_to_say

Is there anything that the Geek Squad can't screw up? I mean WTF. I walked someone through changing a bad DVD drive over the phone who has no technical background and had never seen the inside of a PC case before.

Seriously Best Buy, just give up already. Please need to learn a few basic rules regarding computers. Let's start a list:

1. NEVER take your computer to Best Buy for service.

2. Do not use the motorized tray for beverages.

..

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Having worked (briefly) in Geek Squad during a stint @ Best Buy I feel the OP's pain. Although as I recall it is policy to do a standard scan of any system that comes in (so that we knew the full condition of the system) if we found more wrong with the system we called first to verify additional work would be authorized and let the customer know roughly how much that work would cost. Unless the terms of the service warranty has changed, there's nothing in there that would allow this to happen without the customer's consent.

Seems to me that small claims is the way to go in this case. Considering Geek Squad should have given the OP a work order estimate for replacing the optical drive it would show nothing about replacing additional system parts.

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@shepd: To me, whether or not they actually replaced the drive isn't the issue. It's the fact that thousands of dollars of unauthorized repairs were performed on the system without notifying the owner or obtaining consent to perform the services.

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@shepd: I don't think so, there was a story on consumerist awhile back about Apple wanting to charge some to get his old hard drive back after his entire computer (I think it was a laptop) had to be replaced.

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This line really stood out to me:

"If we thought there was even a chance that our data was in jeopardy, we definitely would have backed it up ourselves"

and

"Now know that we should always back up our data, but honestly, we were just getting the CD drive changed!"

ALWAYS assume your data is in jeopardy. Hardrives fail. You may have damaged it yourself bringing it into Best Buy.

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Yes, we all saw this coming. But even if OP had a backup, that still wouldn't change the fact that Best Buy is trying to extort $1500 for work they should NOT have done in the first place.

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I don't understand why BB doesn't just recover the drive and hand it back to them. Event basic off the shelf software would be a start, and wouldn't cost them anything.

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@Bitter_Old_Punk: I recently built a i7 system with 12Gig of RAM, 2x ATI 4870 in crossfire for a little over $1000. For $1700 - I could have added 2TB in RAID 0+1 and maxed out my RAM to 32Gig.

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Yes, you cannot just start repairing things willy nilly without consulting the customer. I'd call the Attorney General for your state, the local news team with the Investigative / Consumer shock and awe crew, etc.

Picket outside the store. $1700 for a 5 year old computer? Did they drop 2 TB drives, 8 MB of RAM and the latest super graphics card in there? No, they dicked around, did stuff they didn't need to, etc.

And stop [redacting] locations, people need to know where the rip off stores are. Even Best Buy has good / bad stores.

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...how in the world does BBY even think they have any due cause to present them with such a bill?


No such work was authorized, in any way, shape, or form.


I would personally call the police and report them for extortion.


Or, as noted, take them to small claims court. Chances are BBY won't even send anyone, you'll get a default judgement, and make part of your claim for them to pay for the court fees too.


Also, contact the BBB and local news/newspapers too. Get BBY as much exposure on this as you can - if it doesn't hurt them, they'll keep doing it.

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@Bitter_Old_Punk:

Exactly. Even corrupt auto mechanics have to give you the replaced parts on request. This sounds suspiciously like an intentional ripoff to me. it wouldn't shock me to learn that they back up the data on hard drives belonging to customers who won't pay the backup fee, then format their hard drive, claim to have replaced it, and require an exorbitant fee to put things back the way they were.

The OP's next phone call should be to the attorney general to acquire the proper forms to file a fraud report.

And, this is a good illustration of why it's a very good idea to learn how to install simple computer components yourself. For $35 shipped our victim could have bought and installed a DVD/CDRW drive. It's 2 screws and two cables. Not difficult, and it wouldn't void any warranty because anyone who thinks they have a warranty on a 5 year old computer has already been ripped off.

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@LupusGray:
That's not really helpful, since the damage is already done.


I think small claims is a good idea. They had no business replacing that hard drive without at least a phone call to the client, especially after the client declined to pay $100 for them to backup the data.

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@LupusGray: True, but the damage is already done. What's their best recourse NOW?

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The fact that BB says they can get back 80% of the data indicates to me that they screwed up the drive somehow and are now trying to cover their tracks. My bet is on someone starting an OS reload on the wrong customer's computer and only realizing it after the installer has already started copying files.

Now the hard drive mysteriously needs to be replaced, and some kind of data recovery service will need to be used to get the remaining data back. As others have stated here, getting the old drive back would tell a lot of the story, unless the Geek Squad decides to sabotage it to further cover their mistake.

Just my theory.

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Hopefully, Best Buy is reading this, because I will commit to informing every single person I know about this.

"Never Buy Best Buy" has a nice ring to it, and in this economy, apparently, they've resorted to extortion and a middle finger to their customers.

Just as Click and Clack advises people never to take their cars to JiffyMidasLube, so you should never trust Best Buy.

'Hostage Buy?'

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Instead of just small claims, why not actually get the law involved? Isn't removing the old hard drive without permission theft? Is there any verification that there was even anything wrong with it? If this were an auto shop, this sort of thing would not stand. If you take your car in for an oil change they can't replace the entire transmission without permission and demand payment before giving you your car back.

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I agree that they shouldn't be able to do anything to your computer that you didn't authorize. I'd be interested to see if the OP unknowingly signed some kind of waiver that allowed Geek Squad to do anything they needed to fix the computer without providing them a written or oral estimate. Regardless, these kinds of hostage tactics are not the way a reputable business should operate.

I understand the frustration with Best Buy and the various locations. There are five within about 30 miles of me, and they range from one I absolutely hate to the store that has done nothing but good things for me.

Another lesson (if you want to call it that) that others could take away is to always backup your data, no matter what. I don't want to blame the OP, and I hope this doesn't come across like that, but I think it's a good idea to backup your important data (pictures, music, personal data, and work/research) frequently. I take my backups to the extreme and have both on-site (external HDD) and off-site (via the Internet) backups of my important documents.

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Interesting thought here. I wonder if BB isn't just asking an astronomical price knowing that they wouldn't pay it, for the original drive has been discarded; and they know not of it's where abouts..

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Has she asked Best Buy to just give back the hard drive so they can get the data off it themselves? Even if they can't do it themselves, they could take it to someone who doesn't suck.

What's this about voiding the warranty on a 5 year old computer? Did they pay extra for a 5 year warranty on a computer? If so, why didn't the warranty cover the CD drive? If not, why are they worried about voiding an expired warranty?

I hope they get their data back, and I hope this article serves as a reminder of the importance of backing up your data regularly. Leaving the only copy of all of your personal pictures and professional files on the computer you gave to your kids... [skepticalteacher.files.wordpress.com]

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You should have replaced the drive yourself. Hell, you should have never EVER gone to Worst Buy for repair services.

Small claims is the only way to go for these bastards.

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@dragonfire81: They're not quoting a $1500 charge for the labor they've done, though; that was free. They're quoting it for data restoration on the original drive.

It's complicated, because just getting the old drive back quite likely won't solve the OP's problem, and frankly I don't have a lot of faith in Geek Squad's ability to restore data (though they may outsource that); nor is anybody going to 100% guarantee recovery.

But she needs to decide what she wants to ask for.
Her original hard drive back, an external hard drive comped, and $xxx to cover data recovery at a specific, named more reliable place for it? Then probably the best thing to do is to take it both up the Best Buy chain and to the NH attorney general's office--though if she finds she signed some kind of waiver when she purchased the warranty or brought the computer in it may not go far. If she signed nothing, though, and gave no phone authorizations, that sounds pretty overreachy on Best Buy's part to me.

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@JayDeEm: This sounds likely. Maybe it's time to start marking computer parts like people mark limbs before surgery. ("DO NOT AMPUTATE THIS ARM" written in permanent marker on the one without gangrene, for example.)

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@tbax929: The damage is done, but who did the damage? It could be that the hard disk failed at the store (not the store's fault if it's an old drive), or was damaged on the way to the store.

The consumer's major beef seems to be that recovering data from a failed hard disk is expensive. That's not Best Buy's fault. That's just the cost of data recovery. And it all could have been avoided if she had backed the data up herself.

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$100 to back up data!!!!!!! Seriously, how the fuck do these guys get away with it?

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Anytime I've had my car in the shop and they want to do some additional work that I had not requested, they call me to authorize it first. Seems like this should have been the situation here too.

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@I_have_something_to_say: 3. If you have a technical question regarding your computer put it into a Google search immediately. Your question has already been answered and there's probably a youtube video demonstrating exactly how to do the thing you want done.

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@Zclyh3: Doing the work themselves would have voided the warranty.

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@Zclyh3: There's a reason why they didn't replace the drive themselves: "My husband would have replaced the CD drive himself, but then it would invalidate the warranty." Granted, they shouldn't have gone to Best Buy...unless the warranty was through them. In which case they didn't have a choice. Don't assume, and read the post more closely next time.

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Could you call cops on them? Seriously, I wonder what would happen if you would call 911 and say that your local computer store is holding your computer for ransom.

They have cops in some stores to monitor for theft, but why couldn't you call the cops on a business who steals from you?

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@semanticantics: The $1700 was for "lab fees, an external hard drive and labor" to recover the data from their old drive, not for the repairs made to the computer. It's still a hefty chunk of money, but not for what you think it was.

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lol.

You guys don't realize what they are charging the money for. $1700 or whatever the initial cost is for lab recovery fees. They send the hard drive off to be recovered, if the drive is bad and cannot be recognized by a machine or by adapters it gets sent to a lab for recovery. Price can range anywhere $300 to $2500. I've worked part-time for GeekSquad for two years and I have seen people pay a lot of money for crashed hard drives that cannot be read or recovered by the client or in store.

This scenario is different, I understand the OP being upset, they SHOULD have been called and told something was wrong with said HD and their options.. However I know at my store, the client signs 2.. yes 2.. forms Declining data backup, which at that point, its declined. I always call a customer if a HD is failing to double check if they would like it backed up, we usually work out a deal if they don't have an external and give them a discount on the hard drive since the service is $99. You think $100 for data backup is expensive? People pay $100 to get their oil changed in cars.. If you can't do it yourself, you'll pay someone whatever it takes to get it fixed.. My girlfriend is like that with her car.

Carry on with your bashing, Best Buy won't be going anywhere anytime soon people. Sorry about all your bad luck with the stores and service. I assure you, every store is different, so nothing is going to be perfect everywhere.

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@harvey_birdman:


Stupid consumers. The vast majority of people in this country, and really the world, are utterly clueless.

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Just to be clear, it appears that the $1,500 is to cover recovery of data from the old hard drive, not to get the computer back. If the couple can take the computer as-is, with all of the upgrades, *and* get their old hard drive back, then they can try to recover the data from the old hard drive on their own without paying the $1,500 (and keep the $200 gift card?). Even if Best Buy says they can recover the data for $1,500, I wouldn't want to let them try. Who knows what other damage could be caused.

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@LupusGray: There's only two types of people in the world... those who have lost data, and those who will

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People need to realize the quote refers to the money to recover data from her hard disk, which she hasn't paid yet. Please check around for quotes on data recovery, the price she quotes is pretty reasonable (and one should probably could have expected to pay eventually, since she never made backups).

It's an old computer that she gave to her children. If the disk happened to die at Best Buy, that's not Best Buy's fault. Another possibility is that the disk could have been damaged in transport to Best Buy. She doesn't actually say what she was charged for the repair, so who knows, Best Buy could have given her the new disk for free. So calling the cops? Going to small claims court? I'm sorry, but you people are crazy.

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@BartleyR7: Don't most repair shops make you take your hard drive out before they service the computer (assuming the hard drive is not the issue)? Or is that just for laptops?

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@Bitter_Old_Punk:


I'm sure that $1700 is for data recovery, not the computer parts, since that's covered under warranty. Still seems expensive, though.

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@dragonfire81: Apple includes a clause on their service agreements where they reserve the right to keep your old parts. Not sure if Geek Squad does the same.

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Aren't they "supposed" to call you before they do ANY changes beyond what you initially requested??

Every computer repair shop I've been to calls and says "This is what we found, this is what it needs, this is what it costs, what do you want to do?"

Best Buy and Geek Squad's blatant disrespect for consumers should be severely punished.

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I had this happen with a car once - brought it in to have the radiator _checked_ for a leak. I went back to pick it up and there was a bill for $450.00 for replacing the radiator - something I never authorized. Luckily, I had it in writing...

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I'm a bit confused about the warranty. First of all what consumer level computer has a 5+ year warranty? Secondly if it really was under warranty, why not get it fixed as such instead of taking it to Best Buy?

Either way, what Best Buy is doing shady and the OP needs to get together all the paper work she signed regarding the repair (mainly to verify that she didn't approve the hard drive replacement) and get ready to sue.

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@LupusGray: Agreed. Not to blame the OP or anything but if you have irreplaceable photos and documents, why would you assume that having them stored in one place would be safe? I have 10 gigs of photos and they are backed up in multiple places. I really should also put them on DVD and store them safely in my document safe as well.

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Wow...It's a damn CD tray. Computer doesn't need to be powered on even. It's such a basic job.


That said, the OP should have just requested the drive back. Best Buy had no right to remove it without consent of the owner. Hard drives are critical to people, they know that, which is why holding it hostage is easy. The "lab" is probably that little back room where they are looking at all your pictures hoping for any naughty bits they can find, lol.

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@dragonfire81: You fail at reading comprehension. It says its 1700 for lab work to retrieve the data. The drive was bad and they replaced it under the warranty work. They can take the computer home sans the data. They refused the backup and under the extended warranty every part it tested and the drive was bad so they changed it. When you drop a PC off you sign a waiver for loss of data when you drop it off.

Its another case of an uninformed consumer blaming the company and this site rallying against them.

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There may be some state/federal law against data tampering, computer hacking, stealing electronic records, cyberterrorism, or what have you, that you can twist around and make it fit with the facts of this case. Do a little research and hype up the nature of the charges as much as you can.

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@NeverLetMeDown: Recovery costs are all over the map. When I gave it a shot for a damaged hard drive, they required a $100 non-refundable assessment fee, and then the recovery fees could go up to $10k (this is the company that got the data off the drive in the crashed space shuttle).