Belinda writes:

In early July my roommates and I visited an IKEA store in Schaumburg, IL. We spent over $1000 on furnishings that day, opting to have much of it shipped to our apartment in a week. On July 13, movers arrived and carried 14 boxes up to our second floor apartment. I arrived on the scene halfway through the delivery process. They carried boxes in and we pointed them either to the living room or my bedroom to set them down. We checked them off as they carried them in the door, not as they set them in the correct room. They hurriedly asked for initials and left. We grabbed lunch and returned an hour later to begin the long assembly process. I asked my friend to put music on in my room. She reappeared with my 60gb iPod Video, completely smashed.

I had purchased an iHome just the day before, and it was sitting on the floor next a lamp I had purchased at IKEA and taken home (rather than having it delivered). The iPod was docked on top of the iHome, and a long heavy box of wood had been dropped on it. It fell onto a wall outlet as well, cracking the casing and completely bending the prongs of the cords plugged into it sideways. I used pliers and fixed the lamp and iHome's electrical plugs, but the iHome was damaged beyond repair. The iPod dock on the top no longer functions at all, and the internal clock is now unable to distinguish between AM and PM, rendering this equipment a 60-dollar paperweight.

I called IKEA that day and presumably filed a case, because I was promised a return call the next day. I received no such call, and on July 15 I sent this message to IKEA through their online feedback form:

My IKEA order was shipped by Encenda on Sunday morning (7/13). I promptly contacted IKEA that day when I found that the movers had dropped a heavy box of wood from my MALM bed frame onto a wall outlet, iPod, and iHome speaker deck, breaking all of them. The outlet is cracked. My landlord assessed that we'd need new plastic casing. The iPod is completely shattered. I bought it for $399. The iHome's top connector the iPod was sitting in no longer functions. The iHome was purchased just the day before for $60. Considering the mass amount of damage done, I need to get in contact with someone who can help me receive some sort of compensation. Surely IKEA has an insurance policy with Ensenda. I called the day of the incident and was promised a return call the next day. I received nothing, so this is my second attempt at getting results. My phone number is [redacted] Thank you.

- Belinda [redacted]

Later that day I received this:

Hello Belinda,

Thank you for taking the time to contact us. We do apologize for any difficulty that you may have experienced.

Please call the Schaumburg store at 847-969-9700, to present a case to management of this matter. If you already have a case please give them the case number.

We do apologize for any inconvenience, and we thank you for your inquiry.

Best Regards, Beldian
IKEA Customer Care Center

I promptly did just that, and after being transferred to enough different people that I had no idea who I was talking to, I finally spoke to someone who could possibly help me. She asked for a detailed account of what happened, which I relayed to her. She repeated it all back to me slowly and typed furiously, leading me to believe she was filing some sort of report on my behalf. Once we finished, she promised I'd be contacted "in a few weeks." I waited three weeks, received no response, and decided it was time to call to check on the status of my complaint. On August 12, I began my foray into IKEA's customer service yet again.

The first call was spent trying to locate my case. I gave my name, address, and phone number in every way shape and form, to no avail. I explained that I'd never been given a case number, but explained the situation in detail to other representatives. I said I didn't know if I was talking to IKEA or Encenda (the moving company), to which she hastily replied, "Oh no, whoever would have sent you to them was wrong. This is an IKEA issue, not the moving company's. They have nothing to do with it."

She put me on hold to 'check on something,' and after waiting 3 or 4 minutes, I heard a dialtone. She'd hung up on me. I called again and explained that I was trying to locate my case and was unaware of whether my property damage case should be taken up with IKEA or the moving company. She assured me that it was the moving company's issue and said she'd put me on hold to get a hold of the moving company. She hung up on me.

I called again and got a man who seemed genuinely concerned with my situation. I explained that I had just called two other times trying to locate a case that obviously did not exist, and insisted on filing a new one and starting fresh. He kept saying we'd "take care of this situation" and that everything would get resolved. I sat on the line with him in silence for about 5 straight minutes before he cut back in, making sure I was still there. When I affirmed this, he asked if he could put me on hold to contact the Schaumburg store (isn't that who I called?!) to which I loudly responded no before he put me on hold anyway a second later. I sat on hold for 45 minutes before I hung up and called the IKEA customer service line the fourth time. This woman checked and found a case that had been filed that evening (presumably by the man before he put me on hold for 45 minutes), and I asked for a phone number to the moving company. She got it for me and gave me a case number (finally!) before hanging up. She'd promised I'd hear something in 24 hours.

Sure enough, this time I got a response. I received a voicemail from a woman in IKEA's claims department informing me that she put a claim in with the delivery company because "they really don't have anything to do with property claims." I crossed my fingers and hoped that I'd hear from the movers, seeing as IKEA was the middleman in this situation and they hadn't done so well in getting my message across. Amazingly, I received a voicemail from a woman representing what I assume is the moving company. Cindy [redacted] from Veteran's Messenger service claim department... "just to follow up on this after investigating and pulling paperwork, there was no documentation on any paperwork that any items were damaged during this delivery, therefore we are denying the claim. If you have any questions, feel free to contact IKEA."

So I'm not supposed to contact the movers, I'm supposed to contact IKEA. Again. I promptly called her back and asked who exactly I should be talking to in order to receive compensation for the $500-worth of damage done to my personal belongings. She said there was something missing in the documentation, therefore the movers were entitled to deny any wrongdoing.

I opted to not contact IKEA. Long story short, movers dropped a heavy box on my electronics, obviously breaking them, then picked up the box and scurried out without mention of damage. I called IKEA that day to file a claim, was ignored, called 5 more times before finally getting a real case filed, was told that IKEA isn't responsible, was sent to the moving company's claims department, then was denied any wrongdoing by the moving company because IKEA hadn't filed some sort of paperwork.

This is just blatant passing of the blame back and forth, not to mention a slew of customer service representatives who seemed to be confused. Half of them assured me it was the moving company's fault, half of them assured me it was an IKEA issue completely. Now I have an apartment completely furnished by IKEA that I wish I never would have purchased. The furniture itself was a little under a thousand dollars, but adding in delivery charges and the damage, I spent around $1600 on this stuff. Pay close attention to your deliveries. It's been a few months and I've spent hours on the phone, but now understand I'll never be compensated for this disaster delivery. I have every piece of paper & receipt along with my shattered iPod and outlet casing prominently displayed so that I never forget the price of all this furniture. It's also served as a great segue into a heated explanation of my hatred for IKEA whenever a passer-by asks what happened.

We think that since you have a business relationship with IKEA and IKEA only, you should deal with them. Now, obviously that hasn't worked too well, but we recommend taking the following steps.

Write a very concise EECB (Executive Email Carpet Bomb) detailing the chain of events that you describe here. For more information about launching an EECB, click here. You need to reach someone at IKEA who actually knows what to do in this situation, and is able to file accurate paperwork.

If that doesn't work, and it may not, consider filing a small claims lawsuit against IKEA. It's easy and inexpensive, and it will make you feel better about your furniture if you win. Also, IKEA might not even show up, and you may get a default judgment.

Here are some email addresses to try, and some information about small claims court. Good luck.

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Apple said the flaw affected first-generation Nanos, sold between September 2005 and December 2006, in very rare instances. The company's statement added that "There have been no reports of serious injuries or property damage, and no reports of incidents for any other iPod Nano model."

According to the ministry, Apple Computer has been notified of a total of 14 similar cases in Japan. Out of those, two users suffered minor burning.

The ministry said the incidents were caused by four models — MA004J/A, MA005J/A, MA099J/A and MA107J/A — of which 1.81 million units were sold between September 2005 and September 2006 in Japan.

Domo arigato, Apple, for seeing the wisdom of our suggested policy: "Return Exploded iPod, Get 1 Free!"

Apple says battery problem caused iPod overheating [AP]
Japan warns of iPod nano fire risk [AFP]
PREVIOUSLY: iPod Nano Explodes While Charging
(Photo: Getty) (Thanks to Simon!)

Dale sent us his lengthy missive to Steve Jobs:

I am writing this in regards to an issue I have had with an iPod nano, first generation. I have included the relevant pictures of my iPod after this incident and links to related issues.

I had plugged the iPod in to charge on Saturday August 16, 2008. I was using the USB cable that came with the iPod and charging via the USB port on my PC. After being plugged in for somewhere between 5-10 minutes I heard a sizzling sound. I looked down on the iPod just in time to see it explode open and start shooting sparks and spewing smoke. I managed to unhook the iPod from my computer's USB port immediately. I had noticed that a small fire had started on the table I had the laptop and the iPod sitting on, and I managed to extinguish those flames quickly before any apparent damage could be done to my laptop. Unlike in other cases, I've read about, my iPod continued to spew smoke and spit sparks while throwing out some kind of sooty substance from the inside of the iPod for several minutes after removing the cable from the computer. I moved the still spitting iPod from the table and placed it on a book case across the room. I noticed that while doing this, the iPod was still extraordinarily hot to the touch.

I immediately called up the apple tech support line while I opened a window to clear the smoke out of my apartment. After weeding through their electronic menu, I was put on hold for around 15 minutes. This gave me some time to calm down, and after telling the representative that my iPod nano exploded, I was transferred directly to the customer support supervisor at the time. His extension is X86702. He walked me through a 20 minute survey regarding the issue before putting me on hold again to contact the "engineers". After this, he informed me that he did not get through, but would hear back from them that evening for certain. I was also informed that Apple would replace my iPod regardless at this point even though it's older. I have to take a few moments to commend him as he seemed to genuinely want to help me. I had asked what I could do to get a replacement iPod ASAP. I was told to go to the nearest apple store and they should be able to replace it. I also asked if it was ok to make an appointment for that evening, and I was told it would be fine as we should have heard back from the "engineers" by then.

After waiting several hours and not hearing back from the supervisor, I attempted to contact him at the extension and number I was given. This was transferred directly to his voicemail and I did not hear back from him that night. I had then traveled to the local apple store in Pittsburgh, PA to see what could be done about the iPod. Here I was told that "it's been submitted as a request to the 'engineers' and can't be handled". The support tech at the Genius Bar seemed genuinely concerned and opened a separate case file to see if he could do anything to help me out. He found out that all he could do was submit it to the engineers who would NOT be in until monday. At this point, I became overly frustrated that the original tech had led me to believe this issue could have been sorted out that day. Also I do not think I'm being unreasonable by asking a company to replace the iPod with a different iPod product, as I could easily have been hurt or injured by the one that had malfunctioned!

I had asked the tech if there's any way he can replace it as the guy on the phone had told me that the local store could swap it out. He then went into the office to confer with the manager and the GM via phone. He returned to tell me that they can NOT exchange the iPod, and can only escalate the claim to the "engineers". At which point, I became upset that, once again, the original tech was wrong that this could be handled on-site at the local apple store. I once again asked if they could do anything as I'm overly frustrated with the service I'm receiving; I was told that the iPod would be replaced regardless. At this point, the tech went back to the office to confer once again with the manager.

The manager comes out with the tech shortly after and explains to me that no one at apple has EVER heard of this happening (although, I have found articles that counter this), and that she did not believe there was anything that she could do. She asked me to "do her a favor" and wait until monday night (EST) to handle this matter. I informed her that I understand that she's stuck in a hard situation, but I was promised by someone in the support that this could be handled at a local store, and that the iPod would be replaced. She walks back into the back room, and shortly returns with a phone number. She calls up the GM and puts him on the phone with me. At this point, I want to commend the in-store staff as they seemed concerned about this issue and really wanted to make it right. I really do not wish to paint the store employees in a bad way as they had really tried to help me. The GM is, of course, another issue.

The GM gets on the phone and tells me who he is and he's sorry to hear this. He goes on to inform me that they CAN NOT and WILL NOT give me another iPod. He mentions that this has to go to the engineers first before he will even CONSIDER dealing with the issue. I mention that I have read the reports of this happening before, and that there are numerous instances. He scoffs at this and implies that this is a completely unusual occurrence and no one he knows of has heard of it.

I mention to him that the guy at tech support had told me this can be replaced at the local store. Once again, he says that NOTHING will be done until the engineers look at the iPod, and until he talks with them on monday. I ask why that is, and he says "to make sure there are no safety issues or concerns." I asked what were the issues regarding the safety, to which he replied "there are numerous things that could probably cause this". I asked him to name a few, and was met with "the list is too long to mention." I found this odd, as he had told me before he had never heard of this issue, yet could think of a long list of things that could cause an iPod to explode and catch fire.

I continued to ask what the safety issue would be if he just replaced the iPod. To which he said "it could be the cables". I told him that the tech support on the phone informed me that i should not use those cables, and that they would be replaced when the iPod is. The GM informs me that they DO NOT replace cables. I continued to say, but, if he was to replace the iPod and the cables, that it would eliminate any safety risk. He assured me that was not the case. I then informed him that it sounds like he was accusing me of intentionally doing this to my iPod. He claimed he wasn't, but I pointed out that if you replace any and all apple hardware involved, there's no safety issue, UNLESS the issue is with my existing hardware that's not apple. he informed me that that was not the case. I informed him that if this was due to a defective iPod, replacing the iPod eliminates the safety issue. He told me that it might not be that case. To which I asked, what exactly safety issue there was if the fault was NOT with apple software. He repeated that they need to look over the iPod to determine any safety issues before even considering replacing the iPod. I became very frustrated at this point that he was trying to use double speak in order to make excuses and push the blame onto me.

At this point I offered to leave the faulty iPod with the apple store to send off to the engineers as needed, but that I wanted my iPod replaced as I was promised by the tech on the phone. The GM informs me that the tech was in no way, shape, or form allowed to make that guarantee to me. At this point, and I am ashamed to say, I lost my temper with the GM. I told him that I was not pleased at all with this service since I was promised that the iPod would be replaced, and yet it was not going to be. The GM informed me that he wasn't even sure if it NEEDED to be replaced let alone if apple WOULD replace it. After this turn, my language became peppered with profanity. The GM continued on to tell me that he's not going to do anything about the issue, and that I could sit there all night and tell him how he should handle it, but it is NOT now he will handle it.

In other words, the GM wanted to take up more of my time in order to try and push the blame on me for the iPod breaking, completely negate anything I was told originally by tech support, and try to get me out of their store as quickly as he could without doing anything to resolve the issue.

After reading another issue or two, it appears as though apple is now saying that even if it is a faulty piece of equipment and does damage to other objects or people, that it is NOT their responsibility to replace it unless you have a current warranty. I had not picked up the extended warranty due to the fact that, at the time, I had not received word of any issues. Now, I am fully regretting that decision as I'm sure that they would not allow me to take out a warranty now to cover the issue. This upsets me as they have made a precedent to replace products, even out of warranty, if the issue is due to a severe product malfunction such as this.

After this, I can fully say that I am not pleased at all with how this issue has been handled by apple. I have been informed of an email address within the Apple company, and I plan on sending a copy of this email, along with the pictures to that address also. From the various stories I have read, of which I have included links, it has been made clear that this is NOT an isolated incident as Apple would have me believe. I do not feel that Apple has been doing a sufficient job of resolving this matter in any way, shape, or form. Based on the other reports, I do not have much hope that this matter will be resolved in any timely fashion, that my iPod will be replaced, that I will be compensated for anything, that I will get an apology for their tech support making claims that they were not permitted to, or for the store obviously not being on the same page as tech support. Frankly, in my search for information regarding the iPod, I've found other reports that claim this type of fault for other issues. This ranges from problems with computers, to mp3 players, and even to censoring comments and forum posts regarding bugs with their products. By bringing this up, I hope to make it known that these type of issues appear to be common with apple. Like other manufacturers, they sometimes produce faulty products, however, they seem to want to protect their corporate image and pockets more than make up for their faulty product. In this case, it was a known issue with this model of iPod and the company did not seem to make any motions to address the issue. I hope that by making this public, people may be able to avoid this issue happening with their own electronics, and that they may be prepared for what they would have to deal with in the process of attempting to resolve the issue. While Apple may produce numerous ad campaigns that make them seem almost invincible, their products are like any others: buyer beware.

The fiery Nano:

Dale's burnt desk:

The pictures look awfully similar to other iPods that have spontaneously combusted.

This iPod exploded yesterday and we don't see the harm in giving Apple a day to sort out what went wrong. Still, we're not sure how the engineers can do much without the physical unit, and it would seem wise for the Apple store to have an unspoken policy of 'Return Exploded iPod, Get 1 Free!'

Update: Apple agreed to replace the iPod.

She writes:

I show up on Friday, surrounded by people with iPhone issues (dude, I’d totally be on that bandwagon if they hadn’t contracted with AT&T, but that’s another story). My personal Genius said yep, you need a new battery and OF COURSE they were completely out of stock. I state, somewhat irately (the first Genius wasn’t really that nice and blamed me for not checking on the stock on Wednesday), that it needed to be done, please call the King of Prussia store - anywhere from here to Delaware - and get me the part and an appointment. He stated that he didn’t have time to help me and grabbed the man who eventually become my Apple Store savior - Dan in the black shirt.

Thank god for black shirt Dan. After hearing my sob story about the stresses of moving across the country (I know - I’m moving to freaking paradise, finally going to grad school, and getting a dog… my life is soooooo tough), he called KOP (who OF COURSE also didn’t have the part). Sensing that I had completely given up hope (literally, head down on my Fat City Reprise purse, completely dejected, and wondering how many times I’d hear Miley Cyrus on shuffle all on my Nano), Dan vowed to figure something out. I expected, I guess, that maybe they would forward my info to the Apple Store in Boulder and hook me up or maybe let me purchase a replacement 30GB (since they no longer sell them) for the price of the repair.

I was offered neither of those options. I saw the Holy Grail of ridiculously amazing customer service.

Since there were no 30GB iPods in stock (OF COURSE!!!), I was going to be given a brand spanking new 80GB iPod for the price of the repair. Holy shit. Insane - I don’t even have enough music to fill that. I looked at Dan and tried to not cry, which freaked him out I think, because he got that “Oh Christ, please don’t freak out” look on his face. I assured him that I was thrilled, just because shit like this doesn’t ever happen to me and I had been super-stressed out. He then made it better by telling me that it would be easier if they charged me nothing. NOTHING.

Because Apple cares about their customers, I got an 80GB iPod for free.

Great work, Apple!

Steve Jobs Knows Customer Service [Randomn3ss]
(Photo: Getty)

I was at my local Best Buy the other day and started to take a look around the Apple section. Well, it turns out that Best Buy is trying to take advantage of their uninformed customers by marking up Apple's iPod headphones by $20! I've included two attachments, the first is the picture I took at the Best Buy store and the second is of the same exact headphones on Apple's website. I hope that you can shed some light on this and hopefully save some shoppers from paying too much.

Thanks, Nick. We recommend that you always check the internet before you buy accessories for your electronics — this includes things like cables, headsets, universal remotes, whatever!

Where do you like to buy your accessories? Tell us in the comments.

This is a copy of a letter that I just sent to Costco, I X'd out the serial numbers

This letter is in reference to my purchase of a 160GB Ipod Classic from the Brick, NJ Costco (store #229) on March 29th. While the packaging and box indicate a 160GB device, I discovered that the box actually contained a 60GB Ipod. I seek a full refund on my purchase and an apology from the store's general manager, Leonard for my treatment.

Only one hour after purchasing the Ipod, I opened the box in my apartment in the presence of my girlfriend. To be certain that the capacity of the device was in fact only 60GB, I downloaded Itunes and plugged the Ipod into my computer. Itunes confirmed the device's capacity was only 60GB. Upon discovering the error, I immediately went back to the store and explained my dilemma. The issue was quickly escalated to Leonard, the store's general manager. Before I could even begin to explain what happened, Leonard told me in a stern and knowing voice that "this Ipod did not come from this box". He accused me of going home, switching the Ipod with one that I had previously owned, and was attempting to con Costco for a better Ipod. I felt as if I was being scolded by a teacher in middle school. I was insulted and humiliated. I've never been accused of committing a crime in my life. After a few minutes of trying to explain the situation to Leonard, it was evident that his mind had been made up before he even began to talk to me, and my efforts to convince him were fruitless. I can't help but think that if my girlfriend or mother were the one returning an Ipod that they bought, they would have been treated differently. I believe the general manager saw a young man and assumed I was trying to pull a fast one. Rather than having my issue addressed, I was embarrassed, accused of committing a crime, and escorted out of the store.

I know from working in customer service that the customer isn't really always right, and there are plenty of deceitful people out there who would try to pull a scam like this, but I believe that a loyal customer with a perfect track record, who has never returned anything to Costco, deserves the benefit of the doubt in situation like this. I should not be guilty until proven innocent. I am NOT a thief. I am an IT professional and make a decent enough living that I do not have to scam my local Costco to get an upgraded Ipod. Never in my life have I been treated like this at a retail establishment

From talking with Apple (case # XXX) I've learned that the Ipod that was in my box is a 60GB Video Ipod (the serial # is XXX) that is not in production any more. The serial number on the box that I have (for a 160GB Black Ipod Classic) is XXX. It is also of note that Apple told me that neither of these Ipods has been registered with Itunes, which I believe indicates that neither Ipod has ever been used.

I honestly have no idea how that particular Ipod got in the box that I opened. It was shrink-wrapped when I opened it and I did not notice any obvious tampering with the box or contents. (the pouch with the earplugs was unopened). I'm not sure if Apple is at fault or if it is the misdeed of some warehouse worker along the way who switched out Ipods and re-shrink-wrapped the package. But I do not believe it is my responsibility to figure that out. I just want what I paid my hard earned money for and an apology from Leonard, the general manager for treating me like a thief instead of a customer. Thanks for your assistance in resolving this matter.

Kudos to Costco. These situations usually involve a chargeback or someone calling a local reporter.

This letter is in reference to my purchase of a 160GB Ipod Classic from the Brick, NJ Costco (store #229) on March 29th.  While the packaging and box indicate a 160GB device, I discovered that the box actually contained a 60GB Ipod.  I seek a full refund on my purchase and an apology from the store’s general manager, Leonard for my treatment.

Only one hour after purchasing the Ipod, I opened the box in my apartment in the presence of my girlfriend.   To be certain that the capacity of the device was in fact only 60GB, I downloaded Itunes and plugged the Ipod into my computer.  Itunes confirmed the device’s capacity was only 60GB.  Upon discovering the error, I immediately went back to the store and explained my dilemma.  The issue was quickly escalated to Leonard, the store’s general manager. Before I could even begin to explain what happened, Leonard told me in a stern and knowing voice that “this Ipod did not come from this box”.  He accused me of going home, switching the Ipod with one that I had previously owned, and was attempting to con Costco for a better Ipod.  I felt as if I was being scolded by a teacher in middle school.  I was insulted and humiliated.  I’ve never been accused of committing a crime in my life.  After a few minutes of trying to explain the situation to Leonard, it was evident that his mind had been made up before he even began to talk to me, and my efforts to convince him were fruitless.  I can’t help but think that if my girlfriend or mother were the one returning an Ipod that they bought, they would have been treated differently.  I believe the general manager saw a young man and assumed I was trying to pull a fast one.  Rather than having my issue addressed, I was embarrassed, accused of committing a crime, and escorted out of the store.  

I know from working in customer service that the customer isn’t really always right, and there are plenty of deceitful people out there who would try to pull a scam like this, but I believe that a loyal customer with a perfect track record, who has never returned anything to Costco, deserves the benefit of the doubt in situation like this.  I should not be guilty until proven innocent.  I am NOT a thief.  I am an IT professional and make a decent enough living that I do not have to scam my local Costco to get an upgraded Ipod. Never in my life have I been treated like this at a retail establishment

From talking with Apple (case # XXX) I’ve learned that the Ipod that was in my box is a 60GB Video Ipod (the serial # is XXX) that is not in production any more.  The serial number on the box that I have (for a 160GB Black Ipod Classic) is XXX.  It is also of note that Apple told me that neither of these Ipods has been registered with Itunes, which I believe indicates that neither Ipod has ever been used.   

I honestly have no idea how that particular Ipod got in the box that I opened.  It was shrink-wrapped when I opened it and I did not notice any obvious tampering with the box or contents. (the pouch with the earplugs was unopened).   I’m not sure if Apple is at fault or if it is the misdeed of some warehouse worker along the way who switched out Ipods and re-shrink-wrapped the package.  But I do not believe it is my responsibility to figure that out.  I just want what I paid my hard earned money for and an apology from Leonard, the general manager for treating me like a thief instead of a customer.  Thanks for your assistance in resolving this matter.

Here are some pics

http://img388.imageshack.us/img388/5670/contentswl0.jpg

http://img292.imageshack.us/img292/4096/contents2dt2.jpg

http://img261.imageshack.us/img261/1607/ipodaq4.jpg

http://img169.imageshack.us/img169/5575/wrapzu1.jpg

-SeanMac23

The reader, Gizmo Sprocket (we'll call him GS), noticed the price difference on the PS3 bundle.

The implication is that Toys R Us is discounting the console further from the list price, but GS knew that the list price is now $499 no matter where you buy the console—hence, this was no discount at all. He decided to ask Toys R Us what was going on:

There was no option for simple pre-order questions or to report problems with the website.... So I navigate phone-tree hell and finally get somebody on the phone. They insisted that the list price was $599. I explained that the initial launch PS3 bundles were indeed listed at this price, but the item they mentioned was not $599. There was some discussion surrounding that the launch PS3 was an entirely different model and SKU- including a 60gb model (not 80) and didn't include Motorstorm as indicated in this online listing. In fact, this sku was always $499. [see image at left. -Consumerist] They went to the Sony store online and told me they searched on SonyStyle for "PS3" and again insisted that the list price was $599. I repeated the search on my end of the phone call and saw what they saw.

They then conceded there was a problem (finally) and said it would be looked into. I asked if they would honor selling me this PS3 for $100 off the list price as Toys R Us Dot Com showed they were selling it (the list price actually being $499 not $599 as listed) and they said they would not.

I am not sure this is illegal or unethical- as a consumer I was prepared to buy it for $399 if they would honor that price. I am still prepared to buy the 80gb motorstorm bundle for $399 if they would honor that price, but that is besides the point.

So- it is definitely illegal to indicate an inflated list-price in NY State and probably other areas. As I live in NY State and this product would be shipped to NY State. Toys R Us Dot Com markets in NY State and it would seem that this consumer protection applies. This could be an innocent mistake, but part of me thinks it would be reasonable for them to honor their posted discounted price in either proportion ($100 off of $599 is a discount of 16.66667 percent) or as a drop of $100 off off the $499 actual list. Either way I'd buy it..

What are your thoughts?

I check Techbargains.com occasionally. At lunch i noticed a clearance sale over at Toys R Us dot com. I wondered if the list price issue was fixed on the PS3 so I clicked through techbargains and then clicked for items over $100 and found the 30gb Zune listed.. the list price is noted as $249.99 and then, below it- Our price: 199.99... I just checked on http://www.zune.net/en-us/products/compare.htm and found the 30gb is listed at $199.00. The price was dropped when the new Zune models were announced. Now what is really troubling is that this page is supposed to show things on a clearance sale! It says so at the top of the page.
 

As to the legality of it (we're getting there, we just had to get through a lot of backstory first), here's the actual law in New York City:

Rules of the City of New York -
Title 6
Department of Consumer Affairs

§5-91 Reductions Based on Advertiser's Own Price; "Formerly," "Regularly," "Reduced," "Percent Off," "Save," and Similar Terms.

(a) Immediately preceding price. If an advertiser uses the words:

          "percent off"
          "formerly .., now ..."
          "reduced"
          "reduced to"
          "regularly..., now ..."
          "now only"
          "save $ ..."
          "was ..., now ...,
          "item now $ ..."

or any similar term implying a reduction from a prior price charged by the advertiser, the price to which the reduced offering price is being compared must be the advertiser's bona fide selling price for that item or service unless the advertiser clearly discloses another basis of comparison or qualification.

(b) Intermediate reductions. If the term "originally," or any similar term, is used in any advertisement, the price stated as the "original" price must be the advertiser's bona fide selling price for the same article or service prior to intermediate reductions, and the price immediately prior to the current reduction must be disclosed, unless intermediate reductions are clearly indicated by the language used.

Example: "Originally $75; then $68; now $65"; "Earlier this year $75; now $65"; "Further reduced to $50."

(c) Comparison not recent. If a claim is based on a past bona fide selling price of the advertiser prior to the recent, regular course of business, the advertiser must clearly disclose that fact.
Example: "Last year $40, now $20."

RELATED
"You Can't Discount The Past, Apple"
(Photo: Getty)

(Thanks to Erin!)

"Blue iPod Nano" [sdppro]

After writing a number of emails to Circuit City and after a making few more (fruitless) calls, I tried something new and posted my story to their public online customer service forums. The forum manager responded very quickly and promised that someone would call me back to resolve things. I received two calls last Thursday from Circuit City staff who wanted to help fix the situation;

...unfortunately I was on a plane at the time, and had meetings all weekend that prevented me from calling back. But this morning, I got a third call, this time from a supervisor in the Sales department (the same department which had originally called me). Unlike the customer service people I spoke to last week, the supervisor I spoke to today was incredibly friendly and helpful - after I explained the situation in detail, he apologized, then explained that what happened was NOT how Circuit City usually does business, that I was not the only person who'd experienced trouble last week, and that the issue has now been dealt with. The supervisor then offered to give me an additional discount on the item, which I was happy to accept - and I picked up my new iPod this evening. It's charging and syncing as we speak! It may be time-consuming and rather annoying to have to fight for your rights as a customer, but it's important to do it... and although it took a few days, Circuit City really did step up in the end, acknowledge the problem and make it right. And I'm happy to report that they've kept a customer today.

PREVIOUSLY: Very Strange Circuit City iPod Touch Bait And Switch

(Photo: Dan_H)

Last Thursday 2/14, I ordered a 32GB iPod touch from CircuitCity.com at $474 + tax for a total of about $514. After thinking about it for a bit, I logged back in and canceled the order - just a bit too steep for an iPod, you know? I figured I'd have to wait a while for the price to drop, and left it at that. Well, believe it or not, I received a call at work today from a Circuit City sales rep at corporate telling me he'd offer me the iPod at a discount, so CC could keep my business. I was baffled - nothing like this has ever happened to me before, but the price he gave me $420 + tax... was too good to pass up.

I wondered if this wasn't just a bit fishy, except the man did have all my previous order information... only Circuit City could possibly have that. When the man asked for my CC number, I told him I just don't give it out to random people who called me (hehe), and asked him for a number where I could call him back - he gave me the number, and when I called back, it was very clearly a Circuit City number.

So I gave the rep my credit card number, and he told me the final charge would be about $469.

Seconds after I hung up, I realized that $420 plus tax was $455, NOT $469, so I called the number back so the rep could make an adjustment.

No answer, of course... just voicemail. I tried calling back several times throughout the morning and early afternoon as well, but still... just voicemail.

I started to get the feeling that something was wrong... so I logged on to the Circuit City site to see my order, ready to be picked up later that day in Midtown Manhattan - and was shocked to see that my card was charged for the amount of $550 - full retail plus tax. $100 more than he had quoted me over the phone!!!

I kept calm and called customer service, who escalated the problem to corporate. Corporate told me that they had no record of this gentleman offering me a discount, and all they could do was cancel my order.

There was no one else I could speak to, and due to "policy," they couldn't - read, "wouldn't" honor the price I was given.

I calmly explained that they might as well cancel all of my FUTURE orders as well. What an outrageous business practice to have a rep call me and offer me one price for an item, only to charge my card nearly $100 more. What a great disappointment, as I had been a customer for many, many years. Still, nothing more than a half-hearted apology and a "we'll look into it."

I immediately called Amex to cancel my card - clearly, there's some fraudulent activity going on at the City. Just a warning to other potential Circuit City customers out there. If it sounds too good to be true, it most definitely is.

Buyers beware!

- Ian

(Photo: Vince Brown (attila))

ATTN: Store Manager and/or Assistant Managers

I never thought I'd ever have to write this email, but I am.

My brother visited your store on November 17th, and visited a Mac Genius. And I have two issues with this visit.

1. After making a reservation through the online concierge service for 4:45 pm five hours prior to the scheduled time) he was told he didn't have a reservation and would have to wait to receive support with his malfunctioning iPod Nano.

2. The genius repeated steps that my brother told him didn't work, and told him to take it home and try again.

Upon getting home, wha-da-ya-know.. still doesn't work.

I'm not mad, just kind of irritated. I hold you guys to a higher standard, because you're also capable of higher quality.
I've been using macs for over a decade, and to hear from my PC brother that Apple wasted his gas driving 12 miles to get there, waiting through holiday shopping Saturday traffic, and his time to see a genius... that disappoints me.

The irony is we got him the iPod to make his life easier, and it has stressed him out even further.

Here's What The Problem Was:

iPod Nano 2nd Generation that continually reboots, gets stuck, reboots, gets stuck, reboots.... until the battery dies. This was an issue that happened right out of the box, but was solved by a Restore; three months later, it started doing it again. After he returned home, I temporarily fixed it by restoring it with my mac, then restoring it with his PC. I loaded 10 songs to test it, and it worked great. Then I loaded the rest of his library, and boom.. back to square one. There is a corruption in the boot sector of his flash memory causing it to have this issue.

I realize this is a rather complex issue for a Mac Genius, but it doesn't take a Mac Genius Training Course to realize this is something that you don't just "hope for the best".

The fact that it did it immediately after pulling it out of the box puzzles me, especially when we have done the same steps to fix it we did the first time.

The iPod is currently in deep sleep, which I was able to turn on by accessing the iPod service menu

I would love to have more correspondence with you over this issue, and I would prefer you speak to me instead of him.

I have read the limited warranty twice, and I know that his iPod is eligible for replacement for this hardware/software malfunction.

I'll quote it..

"If a hardware defect arises and a valid claim is received by Apple within the Warranty Period, at its option and to the extent permitted by law, Apple will... ...(2) exchange the product with a product that is new..."

I will be making an appointment to see a Mac Genius on Tuesday November 20th, and I hope we can get this issue resolved once and for all, and I can go back to being a happy apple fan-boy.

P.S.
I work at Best Buy in the iPod section, and I've never drawn out a warranty issue with a customer about such an obvious defect with their Apple iPod. In-fact, I've personally made sure that I handled that issue as fast as I could whether it was with a repair that Best Buy did not receive any payment for, or with a full replacement with a new iPod. I'm not paid with commission, I just know that you don't grow a business by shrugging your shoulder and say "try again".

Honestly I'm not angry, just upset.
Because you can do better.

The genius he spoke to was

[redacted]

The iPod was restored with iPod Nano 2nd Gen. software 1.1.3 on both:
a Windows machine running iTunes 7.5.0.20
a MBP 10.4.11 running iTunes 7.5 (r19)
See you tuesday.

Update:
Before hitting the send button in Mail.app I decided to try one last time...
Same problem except now it refuses to enter Service Mode or Disk Mode,

:( This sucks. Cya soon.

A Very Upset, Yet Extremely Loyal Apple User\Customer\Third-Party Salesman,

Cody

(Photo:Maulleigh)

For example, the revamped SanDisk Sansa View has double the memory and a slightly bigger screen than the new iPod Nano, plus an FM tuner, microphone, and expansion slot, and it costs the same amount. Is it as nice looking? Meh, it's getting hard to tell at this point, if you value functionality over form. Even the Zune—with a capacity and price equal to the iPod—is starting to look decent, with its well-designed interface, strong styling, and broader format support.

The one thing you'll miss out on is the ease-of-use of being locked into the iTunes/iPod symbiotic relationship. Depending on how comfortable you are with figuring out a new syncing set-up, this may or may not be an issue for you.

The article brings up another potential drawback, depending on how you look at it: you won't find anywhere near the same aftermarket support when it comes to accessories and cases. But then again, if the product is made properly, it doesn't really need a case, whereas digital audio players that are designed to wear when working out usually come with straps or attachments.

(Disclaimer: we rely on a screenless Shuffle, which has its own obvious drawbacks, and our Nokia phone, which would be perfect if not for the battery drain.)

"Don't want an iPod? Lots of choices available" [Reuters]
(Photo: Getty)

I've heard of rocking out to your iPod, but this is ridiculous!

When Ritter tried to exchange the first iPod, they didn't have the same iPod in stock. When she asked for a full cash refund, Target said they could only give her in-store credit because Mrs. Ritter had bought the box of rocks on a store credit card. She drove to a second Target which did have the iPod in stock. She asked to open the box first but the store said she had to buy it before she could open it. She did, and opened it in front of the employee, only to find it too was only filled with rocks. Defeated, Mrs. Ritter told her daughter to pick out $350 worth of merchandise around the store for her birthday present. Then Mrs. Ritter contacted a consumer reporter who has only been able to get pat boilerplate answers out of Target so far.

Sigh. Ok. Here we go. One, Target obviously has a supply chain problem in the Fort Worth, TX with assholes replacing iPods with rocks. Two, Mrs. Ritter might have had more success getting a full refund at that first store if she had called Target's 1-800 line while she was in that store, or asked for a manager. Escalate. Don't just accept the laminated notebook answer the grunts give you. This was obviously an extenuating circumstance where the no refund policy should have been waived, and it takes someone in a position of higher authority to do that.. Shoppers have a policy of their own, it's called the "we don't accept rocks in place of my iPod" policy.

Mom upset by Target's tune in iPod case; teen celebrates rocky birthday [Star-Telegram] (Thanks to Ryan!)
Rocks found in place of girl's brand new iPod... twice [ArsTechnica]
(Photo: Getty)

Worse, he was in an airport. "If TSA had come by and seen me smoking, they could have honestly thought I was a terrorist," said Williams. That would have been bad.

Apple is willing to replace the device, but William's mom called the media because she was concerned about other people's pants lighting on fire. We can understand that. The Nano is powered by the notoriously fire-prone lithium-ion type of battery, says WSB news.

WSB in Atlanta called Apple to see how common the problem was:

After Channel 2 sent Apple pictures of the iPod, they called back but they refused to say how common the problem is. In fact, Apple refused to talk about this particular incident at all. "

Man's Pants Catch Fire At Airport [WSB] (Thanks, Aaron!)
(Photo:WSB)

The final word: Don't jog during thunderstorms. "..much of the very interesting debate that has followed the publication of this case report would perhaps be unnecessary if common sense were as ubiquitous as the iPod," says the New England Journal Of Medicine.

[WSJ Health Blog]

"Rights management" software would allow the movie to be played on either an iPod or iPhone for the duration of the rental period. CNNMoney points out that Video On Demand has proved lucrative for cable and satellite providers—and none of them have as many customers as Apple.

That being said, we've never really understood the desire to watch a whole movie on an iPod. To each his own, we guess.

iTunes movie rentals? Maybe soon [CNNMoney]
(Photo:Earth2Kim)

Protecting Your Electronic Devices at the Beach [KABC]
(Photo: dan taylor)

That's Charlie in the picture, holding her new iPod. She writes:

The General Manager of services sent me an e-mail with a direct phone number to contact him and he took down my information and sent me an upgraded 60 gig iPod video which arrived this past Tuesday. It is still a refurbished model, but it is in great condition. He apologized for my inconvenience and explained that all units are checked before they are shipped out. He also requested that next time I come to him first if anything like this should happen.

But on another note, I really want to thank you and Meghann for your website. You've helped me out a lot, and tons of other people from what I read every day. Thanks a bunch and keep up the good work!

Hooray for Charlie, and to Best Buy, for having an RSS reader. — BEN POPKEN

PREVIOUSLY: Geek Squad Fixed My iPod By Sending Me A Broken One

Here's one in black.

We love our Flickr pool, it is filled with the work of talented, industrious and clever people! — BEN POPKEN

This is Charlie's second Consumerist story, she also gave us this one in these two posts, Apple Won't Sell You A Computer Because You've Got Too Many Gift Cards, and UPDATE: Apple Will Sell You A Computer If You've Got Too Many Gift Cards!

Perchance this one will also result in a toothsome thumbs up?

Charlie's letter, and more pictures, inside...

Charlene writes:

A week ago the hard drive in my 4th generation iPod failed for the second time. The first time this happened, I took my iPod to the Geek Squad and had them fix it under Best Buy's warranty. They said I could expect it back in around 4 weeks. Over two months later, I had not heard from them, and I called about my iPod. They lost it. No, it was at the warehouse. No, it hadn't shipped yet. No, it was being worked on. I was finally told that if my iPod did not come in the next day that I would be getting a brand new one. It came the next day.

Okay, fast forward about one year to last Saturday. I took my iPod back to the Geek Squad and gave it to them again. I was told that it would be sent off for Rapid Exchange and that "basically, just don't worry about this one any more and you'll get a new one in about a week and a half" A new iPod! I was very excited. In one week I got an iPod in the mail. The box said it was a refurbished 4th generation. Not exactly new. Oh well. Then I opened the box. I took out the iPod, and the first thing that I noticed was that they buffered the back of it until it was as shiny as a mirror. I couldn't even see the Apple logo or the serial number unless I held it at just the right angle. Then I found a dent on the side of it! A perfect little ding! I was so frustrated, but I needed my iPod for work, so I went to load it up anyways. Well, I tried to turn it on, and the hard drive was also dead. Not just dead, but you could feel all of the parts inside shaking around!

I took the iPod back to the Geek Squad and I was furious. I wanted to talk to a manager. Unfortunately, I barely talked to anybody. Anyone with any competence at least. The one guy who seemed to know what he was doing was having problems with HIS computer. He had to call a Best Buy employee to show him how to work their POS system. The guy that he put me off on wasn't any better. I pointed at the box with a "Quality Tested" sticker printed on it (twice), and he just laughed. I told him about how I had so much trouble the LAST time I wanted to get my iPod fixed, and he just said to his buddy, "Were you working here then? I wasn't either. Man, that sucks" I was so furious that I couldn't even yell or be rude at them... I knew it would all be wasted. Then he was holding the iPod in his hand and said, "Man, this thing really is busted!" Good job, Einstein.

Anyways, so their solution? Mail it off, try again!!! I didn't know that I was getting somebody else's broken iPod. I could have just kept mine. And now, I'm waiting to get ANOTHER used and probably broken iPod in the mail. Why couldn't they have just fixed mine? I was under the impression that I was getting a brand new iPod, and I willingly gave them my broken one. This is not what I bargained for.

Good luck, Charlene, Maybe this time they will get it right. Never forget the power of calling up customer service and complaining. They might be able to hook you up with something for your troubles. And bear in mind, you can always contact the CEO of Geek Squad by emailing info@geeksquad.com with the subject line, "For Robert." — BEN POPKEN

You can also get this song off their album Numbers Life — BEN POPKEN

(Photo: Numbers)

After reading how much people loved the Etymotic ER6i headphones (see Above And Beyond: Etymotic Keeps The Music Flowing) we decided to check 'em out. Our iPod earbuds were starting to get a crackly speaker and they really hurt our ears. We picked up a pair of ER6is for $68.99 at Amazon. We love 'em!

The rubber earpiece actually fits in your ear, blocking out external sound nicely. Good frequency response. Treble really "plinks" true in the ears. Mid-tone bass seems slightly lacking but otherwise the sound is great.

The phones can get coated with ear gunk quickly so you'll need to clean the buds regularly.

Overall, great sounding and great feeling, much better than the Gameboy-style headphones the iPod comes with. Thumbs up. — BEN POPKEN

Unlike the typical "one way only" story in a narrated audiobook, the CYOA download goes in countless directions as "you" in the role of main character click on links to select the story's direction. The video screen allows the user to view full color illustrations, albeit in miniature. R. A. Montgomery, CYOA author and founder, narrates the story in which "you" are a skilled mountain climber on an expedition through the Himalayas in search of the elusive Yeti. Sound effects like the whirl of a helicopter or howling winds enhance the sense of immersion.

iPod is one of many ways to reach kids," says Montgomery. "In particular this is an exciting new way to help reading and decision-making skills."

Beware! Choose Your Own Adventure #1-The Abominable Snowman is no ordinary audiobook.[PR Web]
Free Download [CYOA]

• "The software Apple has designed for the iPod, which disables the iPod's inherent ability to play WMA format files, is thus a classic example of crippleware. [emphasis ours] By preventing the iPod from playing WMA or any other protected music format besides FairPlay-modified AAC format, iPod owners' only option to purchase Online Music is to purchase from Apple's Music Store. This conduct constitutes an illegal tie in violation of antitrust laws."

• "Apple deliberately makes digital music purchased at the Music Store inoperable with its competitors Digital Music Players."

• "Conversely, Apple also makes the iPod unable to play music sold at its rivals' Online Music stores."

• "The protected music file format used by most Online Music stores is the WMA format. ... There are no technological limitations preventing the iPod from supporting WMA playback."

• "Apple is alone among mass-market Digital Music Players in not supporting the WMA format."

The following is from Apple's motion to dismiss (PDF):

• "Without DRM, legal online music stores would not exist. Thus, this complaint does not challenge Apple's use of some form of DRM. Rather, it attacks Apple's decision to develop and use its own DRM rather than licensing and using Microsoft's. As a matter of antitrust law, however, that theory is so unsupportable that plaintiff cannot bring herself to identify Microsoft as the maker of the software that she contends Apple should be forced to use. Enhancing Microsoft's dominance is obviously not a goal of the antitrust laws. But the central flaw of this complaint is much broader than that. No matter who makes the software, the antitrust laws simply do not require Apple or anyone else to use another company's technology."

Is not lack of support for a file format "crippleware"? Read the ruling here (PDF).

Is Apple in violation of the Sherman Act by "tying" iTunes to iPod? The judge responds:

•"To establish that a tying arrangement is per se illegal, a plaintiff must prove (1) a tie between to separate products or services sold in separate markets; (2) sufficient economic power in the tying product market to effect the tied market and; (3) an effect on a substantial volume of commerce in the tied product market."

Apple's motion to dismiss was denied. —MEGHANN MARCO

Court documents: iTunes-iPod antitrust lawsuit [Seattle P-I]

Does Apple have a music monopoly issue? [ZDNet]

Some choice quotes:

• ... most people, even iPod owners, still get their legal music by and large from CDs, not online.

• People want their music without restrictions, and too many legal downloads, like those from iTunes, come with restrictions.

• Some subscription services will delete the music from your player when you cancel your subscription. You'd almost be better off buying an LP.

• They don't want to have to match their music store with their music player any more than they want to have to match their brands of gasoline with their brands of car. (Our favorite.)

• What the Recording Industry Association of America lacks in brains it makes up for in stubbornness, and so the most hyped among the legal options either force us to accept unacceptable restrictions, or they force us to buy eight or nine crappy songs to get a couple of good ones.

DRM sucks. Just buy CDs!—MEGHANN MARCO

New report spells trouble for music industry, not Apple [USA Today]

Andrew submitted his warranty claim over 18 months ago. On December 11, Apple denied his claim because his
"proof of purchase does not specifically identify the transaction as one for an ipod." When he calls the claims phone number, it simply says, "the time for claims has passed."

Before we go any further, here's the cutting to the chase: We advise Andrew call Apple Investor Relations at (408) 974-3123. Tell them you own Apple shares and pitch them your story. Maybe they will help you out. If not, you could always relieve your stress by putting your defunct player in a blender.

A pic of Andrew's denied claim and more of his story, inside...

When Andrew called Apple customer service, they said they have nothing to do with class action suits or dealing with claims. Apple told him to call the claim number. The number that when you call it, simply has a recording saying, "the time for claims has passed."

Somehow "iPod 10GB MP3 Player for Mac and Windows" doesn't describe an iPod well enough. — BEN POPKEN

What to do with a broken iPod [Sound Money Tips]

Lisa sent in a nano and got back a video iPod, but her thank you letter inside seems to indicate her son is happy with the upgrade. — BEN POPKEN

Lisa writes:

"Ben,

You truly are the greatest! Checked your site to see if my story was posted today and was surprised to learn that Nick had sent a video iPod to replace my nano. My son immediately checked the mailbox and found nothing. I told him to be patient the mail takes time. If next week rolls around and we haven't received it then I would email you again. (I was personally very skeptical it would show up.) So we had settled in to wait again, and about 30 minutes later the doorbell rings. Guess what? It was a lovely, brown box from UPS with our replacement iPod! We are stunned and thrilled. Thank you so much. I had given up, but you stepped up to the plate for me and set things right. Thank you. Thank you.

I will email ipod Mechanic and thank them. I will also send them back the iPod I have. Will you please reassure your readers that I immediately sent back the iPod that I was holding for collateral (not "hostage"? I hope that iPod Mechanic figures out who its true owner is.

You and your website are providing an invaluable service. Keep up the good work and have a wonderful, and relaxing holiday.

-Lisa H"

1. Register.
2. Reserve your car through Avis.com or through the Avis reservation center at 1.888.777.AVIS.
3. Receive an email containing your music download code(s) for the iTunes Music Store just days after you complete your rental.

It's an effort by AVIS to get customers to rent through their site rather than a 3rd party booking site (which can offer savings), but hey, maybe it's worth the $4.95 or $9.90 to you. — BEN POPKEN

Rent on AVIS.com and get FREE Music [AVIS via More Than Points]

On June 6th, Lisa sent her 30gb White Video iPodiPod nano in to iPod Mechanic. After a series of comic misadventures, she received an iPod on August 1st. It was a non-functionin