Consumerist
Should it take several months and a small claims lawsuit to get Best Buy to take back their defective washing machine? No, but that's what it did take for reader Keith.
He's sent in a timeline of his experience suing Best Buy. It's a bit long, but we're sure it'll be helpful for those of you who are dealing with a similar problem.
Here's a slightly shorter summary for those of you who are into "the whole brevity thing:"
- Keith bought a washing machine that Best Buy said was a "floor model" for 15% of the list price. He also purchased a 5 year warranty.
- Sloshing was heard from inside the washer as it was being loaded onto Keith's vehicle. Suspicions were raised.
- Keith installs the washer. Notices that his car is now damp.
- Washer is used 3 times before it starts tripping the circuit breaker over and over again. A technician is dispatched.
- Technician believes the washer has been used for a lot longer than Keith was led to believe, and is in need of major repair. Technician's repair company contacts Keith and informs him " that neither Integrity Appliance, nor Best Buy Warranty company AIGWS, would cover repair costs. When questioned, [technician] responded that GE had deemed the item a "total loss" and that the cost of repair would exceed the original purchase price of the item. "
- Best Buy declines warranty coverage of the item and tells Keith to take it up with the individual store that sold him the washer. Blames him for breaking it when transporting it.
- Store manager refuses return because of "30 day return policy" and for voiding the extended warranty by transporting the washer from Best Buy to his home.
- Keith is hung up on a lot. Best Buy offers $300 gift card. (Keith paid around $800.)
- Keith files a lawsuit in small claims court, asking for a full refund on both the washer and the extended warranty. Best Buy sends a representative. Best Buy loses. Keith collects $800.
Keith writes:
What follows is a timeline of an issue I had with Best Buy and an "Open Box" washer I purchased from them. 2 washes in, the unit stopped working. Thus began 7 months of work just to get my money back
7/5/07
Walked into Best Buy #130 in Northridge, CA. Located preferred washing machine (GE model #WBVH6240FWW) on store floor. Advertisement on product listed it as floor model, open box item. Listed price was $699.99. Inquired with sales woman as to status of item, whether it was a used item or returned, and price. Was told by saleswoman that item was floor display only, and would sell to me for 15% off listed price. Purchased item for $594.99, and also purchased 5 year warranty for washer (copy upon request) at a purchase price of $129.99. Saleswoman asked if I would be taking home in vehicle. I said that I would be taking home in 2002 Ford Excursion. Item was loaded into vehicle by two Best Buy employees. "Sloshing" sound was heard when item was loaded into vehicle, possible indication of water inside item.
Drove from Best Buy store to home in Thousand Oaks, a distance of 17 miles. Item appeared to remain in identical location as to where loaded, did not slide around. Item was unloaded by myself, father, and friend. Item was carried through and installed in house. Item was installed by me, which included install water hoses, drain hose, and plugging item in. Location where item was transported in car was damp, item was slightly damp on bottom as well.
7/19/07
Item was used for first time. One load of darks and one load of whites. No problems were noticed, item worked as should.
8/8/07
Item was used for third time. During normal wash cycle (for darks) circuit breaker was tripped 3 separate times. Item completed cycle. When tried to run for fourth time, item did not work (would turn on but not power up or spin).
Called Best Buy National Service hotline at 10:30 p.m. Notified service department that item had stopped working and needed service. Was told that service technicians would call following day to set up service time.
8/9/07
Service technicians for Integrity Appliance Company called to set up service appointment. Appointment was agreed upon for 8/17/07 in the afternoon.
8/17/07
Service technician (Vitaly) from Integrity Appliance Company arrived at 2:30 p.m. to service item. During inspection, technician questioned length of time that I had owned item. When I responded that I had owned since 7/5/07, technician commented that item looked to be used for "a lot longer than a month". Technician commented on dust inside of item, as well as overall appearance. After further inspection, technician concluded that item needed major repair, including as to his best knowledge, "repair of cut wires, new shocks for stabilizer, and new basket". He commented that item looks to have suffered major damage. When I asked if damage could have been sustained by the 4 instances I had used (and tried to use) item, he did not know. Technician assured me that supervisor from Integrity Appliance Company would be contacting me on 8/20/07.
8/20/07
Received call from Integrity Appliance Company, Alex, who stated that item was in need of major repair. Was informed that neither Integrity Appliance, nor Best Buy Warranty company AIGWS, would cover repair costs. When questioned, Alex responded that GE had deemed the item a "total loss" and that the cost of repair would exceed the original purchase price of the item. Alex proceeded to inform me as well that there was nothing else that Integrity Appliance Company could do and directed me to Best Buy Warranty Center to resolve claim.
Called Best Buy Nationwide Service hotline, and spoke to customer service agent, Jessica. Discussed problem and was informed that Best Buy would not be covering repair costs or claim and warranty would not cover this item. When asked about what I should do, was told that "fault" was of the store that sold the item to me and claim must be resolved with store where item was purchased. Also informed me that cause for damage to item was being blamed on my transport of item in my vehicle, and was store's fault for letting me pick item up.
Called Best Buy store #130 in Northridge, CA. Spoke to customer service agent in appliance department. After discussing problem to this point, was told that agent needed to speak to supervisor, Norma, and would call me back. Call was returned an hour later. Agent proceeded to tell me that supervisor had informed him that item would not be covered by store policy due to item being past the "30 day" return policy. In addition, was informed that loading item into vehicle had "voided extended warranty, and thus item repair cost was my responsibility". Also was told that if I did not agree (which I did not), that I needed to contact Nationwide Service hotline.
Called Nationwide Service hotline for third time and asked for Corporate Consumer Relations department. Call was not transferred and I was hung up on. Repeated process and was transferred to customer service agent, Dennis. After relating issue to this point, agent proceeded to put me on hold in order to "research this case". After 20 minute delay, agent proceeded to tell me that item would not be repaired by Best Buy, nor would repair cost by covered. Was told that transport of item had voided warranty and warranty claims for this item. Was told that official Best Buy position for this case was that item was "damaged beyond repair during transport in my vehicle, thus voiding the warranty". Also was told that if I agreed to pay the full repair cost for this item, then 5 year warranty would be reinstated. Per earlier discussion, repair cost would be approximately $800. I responded by asking to speak to supervisor, and after 43 minute wait, was connected with supervisor, Scott. After relating entire story again, I was told by Scott that Best Buy position was firm and that no recourse would be offered. I proceeded to ask Scott if he had proof that item was in good working condition before it was sold to me. Response was no. Also asked Scott if he had proof that item was "only a display" as advertised. Was told no. Further questioning resulted in Scott offering to refund purchase price of 5-year warranty at a pro-rated rate. In addition, Scott agreed to provide me with a "Best Buy Gift Card" for half of the purchase price of the item. I was also told that this offer would remain in effect for as long as I needed to "think about it". I responded by saying that this offer was not satisfactory, and that I would be contacting my attorney for an official response. Was given a Best Buy Case #40079620 in order to follow up at a later date.
9/11/07
Lawyer sends letter to Best Buy and AIG Warrantyguard (who carries the 5 year performance plans for Best Buy in California). Letter demands full reimbursement of money paid for washer as well as for warranty plan. Listed cause for reimbursement was breach of contract and gross misrepresentation of quality of product sold.
10/18/07
Received response letter from Best Buy with copy of Performance Service Plan highlighted: "This plan does not cover repairs caused by accidental or intentional physical damage... or damage caused by non-authorized repair personnel" Best Buy reoffers the $300 Gift Card, only if I agree to the following: (1) Best Buy makes no admission of liability, (2) I agree to release Best Buy of all liability regarding this matter and agree that the terms of any settlement reached are to remain confidential, (3) I agree to sign a settlement agreement.
11/25/07
I have my lawyer file a small claims lawsuit with courthouse in Simi Valley, CA. Served both Best Buy Corporate and AIG Warranty Guard as defendants in the small claims case. Court case was set for February 25, 2008.
2/25/08
Case was heard by judge at Simi Valley Courthouse. After presenting my case and evidence, and after listening to representative from Best Buy, judge questions the Best Buy representative about the original condition of the item at the time it was sold to me. Specifically, he questioned whether the item could have been a return and if Best Buy has a way of determining an items condition when it is listed as "Open Box". Representative states that Best Buy has no way of testing "special items like washing machines". Judge rules that Best Buy must refund the entire paid amount for the washer and warranty to me, and that I must return the washer to the nearest Best Buy in the condition it is presently in.
So there it is. 7 months to get just under $800 back from Best Buy. Also, as a side note, my lawyer feels that a class action suit against Best Buy for its "Open Item" policy and Best Buy's labeling of such items is a real possibility. Has anyone else been screwed by an open item like me? My guess is there are plenty.
Thanks for your time, sorry for the lengthy read,
Keith(Photo:meghannmarco)
Comments
The $300 gift card is just insulting, especially since they thought it would be enough to get you to sign a liability waiver, What kind of yokels do BB lawyers and management think the general public are? Future Shop (Canadian subsidiary of Best Buy) is just as bad, if not worse since Best Buy bought them out a few years ago. Why bother having policies and pricematching and extended warranties at all if they're just going to be looking at ways to break it the first chance they get?
I'll never buy anything other than a CD or DVD from them. I bought a 3G iPod from them after MAKING them give it to me for the price on the website and not the in store price. Too much hassle.
I will never, ever, ever, ever, ever set foot into a Best Buy again.
@soulman901: I already never, ever, ever, ever, etc... step into a Best Buy. I haven't for about five years. I have had it with their criminal carelessness, reckless stupidity, and contempt for the customer at all stages of the process.
If this is the way they act when they're trying to provide customer service, I sure the hell would hate to see how they would act if they really hated us.
Kieth should have taken the washer back when he heard the sloshing on the way home.
This is why companies love mandatory arbitration agreements. If there was one, Best Buy wouldn't have lost.
How do billion dollar companies act like such retarded children sometimes? How does one person at Best Buy not ever think to themselves: "Wait a minute - this guy has been screwed over, let's make it right."
my last experience with Worst Buy was in 1995 when I was moving into a newly built house. I have 3 young kids, and I didn't have internet access. So I go to Best Buy to purchase a refrigerator. I find the one I want and schedule the delivery for 2 weeks later, the day I move into my house. They didn't show up (surprise)so I call them and ask when are they showing up? They tell me the item was out of stock, and they couldn't deliver for another few weeks. I told them I was in a new house, without a refrigerator and I had 3 small kids, I need a refrigerator. Finally got to the manager, who managed to find one at another store and I finally got it the next day. After the frustration of that, I decided no more Best Buy for me. I hate the place anyway, it's crowded, messy, and has sales associates that try to sell you stuff you don't need. The only other times I have been in there was when my son was given Best Buy gift certificates, but even that has been at least 5 years ago
Having a lawyer sure makes things a lot easier.
I'm surprised that Best Buy even defended the lawsuit. A friend here in Maryland sued Best Buy over a defective camera that they wouldn't repair under the extended warranty. A few days before the trial date, Best Buy called and offered to settle for the amount of the claim.
I've watched a bunch of consumer vs. Big Company small claims court lawsuits, and I've yet to see the Big Company prevail. For that matter, rarely does a Big Company representative even show up in court.
I bought a a TI-83 calculator that was an open box item from Best Buy and the thing wouldn't even turn on.
I guess that's a "specialty item" since it requires 4 AAA batteries.
BB luckily gave me my money back with no fight. But, it makes you wonder how lazy the employees are where they can't even test a calculator.
Luckily, I've matured in my purchasing power, and I don't buy from retailers that don't stand by their products. So, BB doesn't get my money any more. I think I bought one $8 item in the last 5 years there when I use to shop their on a weekly basis.
Just another lesson why an educated consumer NEVER, I repeat NEVER should set foot in a Best Buy. They DO NOT CARE about the customers @ all. I can't wait to see this place go the way of CompScrewSA. Please boycott this store!
@MoCo:
I think it's because most corporations realize that no judge is going to buy their baloney.
In this case, the washer was sold as an open box item. So, it's perfectly reasonable to assume that it's not factory new and may have a problem or two. Additionally, a 5 year warranty was purchased to cover incidental repairs.
Instead, BB wanted to leave the reader high and dry despite him purchasing the "Extended Warranty" which BB tries to push on you to save their life.
I will never buy an item from BB, no matter how cheap, and I go out of my way to tell friends and family why they shouldn't buy from BB.
@ThinkerTDM: Yeah, I thought that also. How long until Best Buy has a manditory arbitration agreement on their reciepts?
I once bought a camera battery charger, open box, because it had a sticker on it for a $ 10 gift card with purchase....go up to the front to purchase it (it was about $ 5 less than retail new), and the guy rings me up, puts it in a bag, hands it to me and thanks me....I ask about the gift card. He stated that BB doesn't do that anymore...I stated that since the sticker was on the item, I purchased the product solely because of the extra incentive...needless to say, he got reamed out in front of me by his manager, and I got a $ 10 refund
I been screwed over in an "open item" at Futureshop (It's Best Buy) here. It was just a memory card though.
I bought it open. Well, my mother did on my stead. They told her that it was working just fine, and it was less costly. So I try it out in my PSP when I come home.
It's corrupted. And upon closer inspection I notice that it's a fake Sony memory card. The first guy probably bought it off eBay and when it broke, he bought one at Futureshop, swapped the new memory card with the fake, and returned it to them. When I go return it, they tried to make me pay the discount I had for an open box.
So I argue with them, tell them that they sold me a FAKE Sony memory card and I don't want to pay the price difference. It was their problem and I am under sale warranty. The clerk girl says:"Oh come on we're not going to argue over 8 bucks."
My reply:"Oh damn right we are. Change it, it's your fault. And I won't pay a penny more."
They treated me like crap afterwards, the manager was all pissy too, but they finally just gave me my item and I returned home with a genuine brand new memory card this time.
I will reiterate again what I (and many others) have posted on numerous Best Buy postings.
Why do people continue to shop at Best Buy?
They DO NOT care about you, only your money. They will take EVERY OPPORTUNITY to screw you out of it.
One more time, for everyone within earshot:
Anyone who shops at Best Buy deserves everything that shithole corporation gives them, you included Keith. That's right: YOU DESERVED IT because you were asinine enough to actually THINK about even DRIVING PAST a Best Buy.
I truly believe that Best Buy shoppers will not stop shopping there until Best Buy corporate personally gang rapes their mothers in front of their kids, and that might not even be enough.
STOP. SHOPPPING. AT. BEST BUY.
@Hawk07: Just an FYI, if it's within the return policy, they don't test it. Plus, you can't fix a calculator, so most customer service don't even bother checking, they'll just take your word for it and replace it.
They only test items that can be repaired, i.e. game systems, pc's tv;s etc and appliances.
@tevetorbes: That's rough. I mean, there HAS to be a reason that BestBuy is so successful. Don't you think it's because these stories posted on Consumerist are the minorities?
These stories aren't posted to say that the company is bad, rather, that if you have a similar problem, there is what you can do to get it solved, or if you have, suggest ways for the posted problem to GET solved.
I dare you to find a company as successful as BestBuy is right now that TRAINS their employees to screw the customer. That's not to say that the people that work at the store near you don't suck, but why blame the entire company.
I did my stint in retail, and I always hated when people blasted a company, as opposed to the individuals they dealt with. There's a difference, and things you can do to change those people.
@BlueModred: What about Best Buy being sued by Attorney Generals for having an in-store kiosk with a fake (purposefully misleading) www.bestbuy.com site. Same URL but purposefully misleading to redirect to an internal site with higher prices. Sounds like that is something that not a few bad apples are responsible for.
@tevetorbes:
Let me sum up for you WHY people still shop at Best Buy.
My landline phone broke. I require it to have certain features that make it compatible with the business functions I need it to perform.
I have to replace it today. I live in a small city. The places I can shop at to replace it are: Walmart, Kmart, Office Depot, Circut City, and Best Buy.
Walmart and Kmart do not carry the phone I require.
Office Depot wants approximately 25$ more then the going price for the phone. Circut City wants about 15$ more then the going price. Best Buy has it at the going price.
I would order it from an online supplier but I can not wait for the several days it will take for shipping. I need it today.
I will hold my nose and go to Best Buy and get the best deal, and try to ensure that I don't come home with a box of tiles.
And that sir is why people still go to Best Buy.
@tevetorbes: There's a Best Buy around the corner of my house that I have to drive by everyday. However, sometimes I take the long way just to not drive by Best Buy.
@edrebber: Well that didn't take long.
Congrats! Its good to see someone doing something about a bad situation instead of either being too lazy or empathizing with the POS.
It's People like you keep these companies on there toes to make sure we arn't treated like sludge.
@BlueModred: The reason Best Buy is successful is their prices. People will put up with alot of shit to save a few bucks. If that wasnt the case, Home Depot, Walmart and BB would never have made it to where they are today.
How much do you think legal fees cost Keith? I'm hoping that they didn't eat into his recovery too much. Perhaps the filings were done for a very small amount- it sounds like Keith presented his case on his own.
I seem to remember that Frys Electronics had a class action law suit against them for selling open and returned (sometimes defective returns) items as new.
I have shopped at that best buy in Northridge ca too I live in Simi Valley.
i knew BB would send in their corporate drones on the consumerist today.
I'm glad to hear that Keith won but did Keith get his lawyer fees awarded too? I guess his lawyers' tab is a small price to pay for sticking it to a corrupt company. I suppose before returning the machine to Best Buy he could scavage it for user-serviceable parts...then return it to Best Buy. I think there may be a parts market on eBay. I'm sure that it's one way of getting back your lawyer fees.
Oh...you didn't hear that from me BTW.
Even though I'm glad he sued and won against Best Buy, I'm curious on how much the lawyer and lawsuit cost him - that is now that is is all over, how much is he out.
@jeadie5: it's not just their prices. it's also the fact that if you live in a small town in the middle of nowhere there's few other places to shop. even if you live in a big town chances are there's still only a choice between one major retail giant and another. i live in a well populated area and my two choices in five different towns are still only best buy and circuit city if i can't wait for shipping from an online order. quality everywhere went down the drain.
@hypnotik_jello:
That was just stupid (not you, the whole incedent).
A: The URL was different, it was just the default website shown instore.
B: Employees were educated (or were supposed to per store policy) to use the Local (i.e. "bad) site for in store orders, and the 'real' website for price matching.
The whole fiasco was because of poor execution and education. That website is still there, it's just been re-labeled to make the difference clear. The 'reason' is because when you order from a store, the price is based on local market prices and store designation, as opposed to getting it from the national warehouse system.
Made sense to me when i worked at a store with a similar setup, but we were better educated about which to use when, and why.
@tevetorbes: Wow, someone just had to get in the obligatory blame-the-victim I see.
I think he would have won either way but I wonder if the fact that he bought a 5 year extended warranty was what saved him. If he declined that, took it home for 3 months and then wanted a refund, i wonder whether that would have mattered to the judge.
@Big Poppa Pimp: I was wondering the same thing. My lawyer would hit me for $250 for asking about this and then at least another $250 for filing the paper work.
Of course, my lawyer would bill me if he saw me on the street and waved...I need a new lawyer.
@BlueModred - It IS a SCAM pure and simple. There is no NEED for for both an Intranet and the Internet in store. I know employees who knew exactly "what it was for". Rediculous excuse on Best Buy's part.
My cousin returned a broken TV to bestbuy and when I was there the next day I saw the same TV selling as an open box item.
@ThinkerTDM: Thanks for mentioning "binding arbitration." Perhaps we will soon see a story on Consumerist, titled: Customer arrested for leaving store without signing a binding arbitration agreement.
@Buran: Hell yes I blame the victim.
How many stories have we seen about how horrible Best Buy is? How many times have people said "Don't shop at Best Buy."? How many times does someone have to hear it before it registers?
The reason Best Buy is able to be such a shitbag corporation and treat its customers horribly is because people continue to shop there. If people didn't shop there, Best Buy would be out of business and we wouldn't have to put up with their bullshit.
So yeah- if you shop at Best Buy you are supporting their horrible policies and are making it bad for everybody.
To repeat: Stop. Shopping. At. Best Buy.
Anyone care to place a bet as to how long it takes before a story shows up from the guy who's bought Keith's washing machine? After all, he was asked to return it to a Best Buy store.
Guys, you don't get it. You can't stop the machine by ignoring it.
Become the 'demon customer' that best buy already assumes you are by only purchasing loss leaders and nothing else. This actually results in them losing even more money by depleting their cheap reserves, which are sold below or at cost.
This does two things: one, makes them take a hit for the loss on the item, and two, cuts out would-be customers (their 'high rollers') who would buy unnecessarily expensive accessories from knowledge-deprived salespeople.
Plus, you get what you want and make them take the burn for it. That's pure satisfaction.