Complaint Review: Circuit City

Alex didn't they teach you in your business law class that you are NOT allowed to give legal advice or legal opinions unless you ARE infact a lawyer? Unauthorized practice of law sound familiar? I would start shutting my mouth, especially since you are giving BAD advice.

"I agree that you shouldn't have to send the computer back. However, the average circuit city employee is about as sharp as a bowling ball, and would probably screw your computer up even more.

The only thing CC employees are capable of is pitching their worthless extended warranties. I have never, nor will I ever buy anything from these minimum wage jokers. They're so stupid and poorly trained they can't even answer the most rudimentary of questions.

Circuit City, Best Buy etc, sell low-end crap to less than savvy consumers. In the future, you can buy laptops straight from the manufacturer online and not deal with these dimwits from the box stores."

Geesh! And I thought my 15+ years of experince and my going to school for compsi meant nothing. Seriously where on earth do you get this stuff?! Granted some computers are low end but there is a market for that, not everyone needs the best. We also sell the same products the manf. sells so "cutting out the middle man" wouldnt really solve anything. We exist for a reason, to use our knowledge and experience to help out less informed consumers. Ask me any question about any computer I sell and I will be able to answer it. Your attitude is REALLY uncalled for.

Alex:
Here are some examples of people suing and winning against CC. I thought there were more, but whatever. There probably are, if you dig a little bit.


Hey, I totally stand corrected. I'll check those out in a few.

Alex:
But then again, if CC ran an honest/ethical business, Christina wouldn't have so much trouble getting her laptop serviced would she?

What other retailer does the repairs on site? Even the Geek Squad sends in laptop repairs. I know, because I have a laptop that had a minor problem, and I just can't part with it for 2 weeks for that annoying, yet workaround issue.

Sears sends them back for replacement back in the day, when they sold them.

CompUSA would send them out.

Even Dell would require you send it out.

Everyone sends them out to get repaired. This is not a case of inconveniencing the customer because of a "bad setup"... it's everywhere.

Alex said:
Look, Nick, the stuff you had to say on legality is simply wrong. I don't know what else to tell you. Just because Warrantech or whoever said you abused your product, you should have kept after CC. You should have taken CC to court.

In retrospect, I should have. You're right.

However, while I'm not disagreeing with you that small claims is an option, it would be wise to consider WHO you are taking to small claims. There ARE SOP (standard operating procedures) in place and steps that Christina must take to show that she fulfilled her end of the bargain. Being "inconvenienced" is not necessarily against the law. Does she take Circuit City, the Warrany company or the manufacturer of the product? They'll all be pointing fingers at "the next guy".

At THIS point, it's not that they're not fixing her computer, it's that she is inconvenienced, which in OUR opinion, I hope we can agree is a RipOff. If she can prove that her inconvenience is unreasonable by standards of THE LAW, then yeah, go ahead. A judge isn't going to rule in your favor because you had to wait 2 weeks for it to be mailed back.

If not, she at least has to show that she tried to take reasonable steps to fix it.

But without that extended warranty, after 14 days, Circuit City tells you to contact the manufacturer. Just like every other retailer. And they are in their legal right to do nothing further. And unless you get a manager who is a "good ol boy", you really aren't legally entitled to anything.

The warranty is what gives you the rights.

Okay. I work for Circuit City Customer Support .. aka. the morons she called.

She was still under the manufacturer's warranty..and she purchased an extended warranty.

It's called an extended warranty for a reason. It EXTENDS past the manufacturer's warranty.

The manufacturere supplied a 12 months parts and labour warranty.

To be honest, she's lucky the store looked into in the first place. They didn't have to do anything until the warranty ran out and theirs kick in.

Yes, that's right, you're CC ESP does NOT kick in until the manufacturer's warranty runs out.

If you read the terms of use on you're ESP, you would know this information and perhaps you wouldn't need to run to sites like this and make allogations about a company that did for more than they needed to do for you.

Computers aren't perfect and neither are people. Mistakes happen..considering machines made your computer. Deal with it. Don't whine like a baby.

Also, you are not the only person with a problem with your computer. The fact that you expected everything to be done NOW, just for you, is completely insane. First come first serve. It's called patience and waiting your turn. You'd think you would have learned this in elementrary school.

Thanks for the input though Christina.

You bought this computer to download and watch movies or get CDs. Okay no problem with that, except for what sites were you using? It sounds like this is a virus that was accidentally downloaded and no matter what is done to the computer (with the exception of using a recovery disk or reformatting your hard drive and buying a new version of windows, either way you will lose all that you have on the comp) it will still cause problems.

If this wasn't the case, (and I know that this will sound stupid) check to make sure that the sound isn't muted. (My husband has accidentally done that to both my comp and his laptop before. So many times that I have actually stopped going to the troubleshooter page and always just go to audio to check that he hasn't done that.)

I agree that you shouldn't have to send the computer back. However, the average circuit city employee is about as sharp as a bowling ball, and would probably screw your computer up even more.

The only thing CC employees are capable of is pitching their worthless extended warranties. I have never, nor will I ever buy anything from these minimum wage jokers. They're so stupid and poorly trained they can't even answer the most rudimentary of questions.

Circuit City, Best Buy etc, sell low-end crap to less than savvy consumers. In the future, you can buy laptops straight from the manufacturer online and not deal with these dimwits from the box stores.

The majority of people know nothing about computers and always want magic fixes. If the computer worked properly out of the box and then "started getting worse" its probably software. If it was a hardware issue it would just not work. CC and the third party do not cover software. Its like asking the car dealer to fix the cigarette burn holes you put in your seats. They gave you a box to mail the laptop back because we cant work on laptops, most people cant. There are too many dangers that involve opening a laptop. As for the phone calls you wouldnt believe how difficult it is to contact people. The biggest complaint of our installers is people not checking their answering machines. I remember I called a customer 5 times in the course of two days and left 2 messages and they still complained that I didnt call. You're getting your shipping box and the problem is being resolved. What is the problem here?

Nick,

Come on. I keep saying keep my issue with CC on my thread. And what do you do? You keep picking fights. If you truly want to talk about my problem w/CC, post on my thread. This thread is about Christina buying a lousy product from CC. Stop desperately attempting to mar my credibility.

BTW, if you're going to post on my thread, PLEASE read my post titled ?I finally figured it out.?

I'm not helping Christina? OK, whatever. I'm suggesting a trip to the small claims court, and I'm also suggesting that this is the only way to get things done. Presenting a receipt, the product, the warranty, and an explanation of what is wrong and how many times you've contacted CC about the problem should be enough. However, Christina, you can make up your own mind on what to do.

Here are some examples of people suing and winning against CC. I thought there were more, but whatever. There probably are, if you dig a little bit.

http://www.badbusinessbureau.com/reports/ripoff176497.htm
http://www.badbusinessbureau.com/reports/ripoff130149.htm

Am I bad for suggesting ?sue sue sue? in this instance? Maybe, maybe not. But then again, if CC ran an honest/ethical business, Christina wouldn't have so much trouble getting her laptop serviced would she? I believe this person has been reasonable with CC and CC has given her the runaround.

Look, Nick, the stuff you had to say on legality is simply wrong. I don't know what else to tell you. Just because Warrantech or whoever said you abused your product, you should have kept after CC. You should have taken CC to court. I'm not steering this person in the wrong direction: I believe it's in her best interest to keep after CC. This shroud of ?oh no, that's an issue for Warrantech/the manufacturer? is designed to dissuade consumers for holding retailers accountable. The retailers win because they know that very few people will have the knowledge/time to sue them. Anyways, Christina, the ball is in your court. You know what you have to do.

Alex Said:
>>>Kind of interesting that Nick says not to take advice from me but then turns around and agrees that my suggestion of taking them to court is probably the best course of action. If the concepts described above were truly wrong, then if a person took CC to court would lose right? But we've read many examples of people taking CC to court and winning.

Well, Alex, let's be fair here. You were talking about "Law 101", and your first suggestion out of the gate was to sue. I was merely pointing out that your view is likely slanted because you posted your OWN gripe about Circuit City regarding a commonly known policy that EVERY retailer upholds, yet instead, you're mad at an individual store employee on what legal experts agree is an unbinding "technicality".

I will be happy to call a truce on that issue here, and in other posts. I'm not out "to get you". But I do object to your supposed knowledge of retail policy, and you're not helping Christina.

There IS an outsourced warranty company. I believe this year, it's WarranTech. I had the same issue with an electronic device. Warrantech decided that it was damage caused by me, so my warranty was voided. (Utter BS, IMHO, but whatever. A 3 year old cell phone wasn't worth sueing over)

Retailers today are not backing up their products like they used to. They sell the warranty (pure profit) as insurance. Unfortunately, big box retailers know the legalities and thus, pass those legalities on to an unknown 3rd party, which is only accessible via phone.

Alex said:
Second, CC is definitely responsible, despite what they may teach you in your CC training class. I don't know how else to say it.

Well, here are the "legalities". Don't shoot me for being the messenger. And I'm NOT, nor was I ever, a CC employee.

CC is NOT responsible after the first 14 or 15 or 30 days (depending on the retailer). Read your receipt. Ask the questions. There's usually a big sticker on the box, but even if there's not, buyer beware! Find out when the last day you can return your item to the store for refund or exchange, and have them point that out on your receipt.

After that day, Circuit City (in this case) is done with you. You CAN NOT return the item, it is SOLD. They are NOW a drop point for upgrade repairs, installations and test center for Warrantech. When they cannot fix it, they tell you to contact the 3rd party company.

You CANNOT take the word of a 16 year old and make it binding in court. It's hearsay at best, and dismissable at worst.

Anyway:

If you purchase NO warranty, after the 14 or 15 or whatever days expire, it is the SOLE responsibility of the manufacturer, usually 1 year parts, 90 days labor.

It could break 4 months into ownership, and you are still responsible for paying the labor to fix the installation on warrantied parts.

So the stores offer a warranty that will cover usually 3 or 4 years on parts and labor for an additional 10% (roughly) of the cost of the computer. That way, while you still have to send it in for repairs and are stuck without possession, you are not PAYING for those repairs, either parts OR labor.

The problem is that they're in no hurry to fix it and get it back to you. They don't like to write off something that is salvagable. They lump lemon cases together. And in this case, the customer is inconvenienced because they moved and they won't give her proper conveniences, like shipping it for her. Bad business, yes. Detestable even? Yes! But illegal? No, I don't think so. But if you think you have a case, more power to the consumer.

In my case, they accused me of abuse. My letters to the Chairman came back with a form letter saying, "sorry, we will not over-ride Warrantech's findings". So don't tell me that this is all "in house" because you are steering someone in the wrong direction. No-one's warranty service is in house, with the exception of Sears. But even they use independent contractors and technicians on a majority of the repairs done in customer's homes.

I DID agree with you that getting a lawyer for a laptop is justified. It's good advice. I'm not going to dismiss everything you say just because I disagree with your stance. I hate WarranTech.

I do apologize for the swipe, I admit I had a little fun at your expense. But if you're going to go on every Circuit City thread and say Sue Sue Sue, then you're helping no-one.

I don't expect burned consumers to find the rational reasoning in the heat of the moment. I'm all for strategy, AND improvement.

However, Denny has a firm grasp on retail - weather or not you like it - I've seen people pile on him for stating what people in the retail industry take for granted as "known fact" and accuse him of being an "internal" and getting personal, and I mean personal! I don't know if he is "internal" or not, but I CAN see that he knows policy. Just because we disagree with each other doesn't make us trolls. Maybe we know something about the retail business that the average consumer doesn't.

I briefly went through the threads, and didn't see anyone winning by sueing Circuit City.

I think Christina's best bet is to drive (or maybe call and request they mail it to her), get the laptop, send it in and find out what the problem is. She has the warranty - so it costs her nothing.

OK,

First of all, let's stick to the item at hand. If you have something to say about my post, put in under my complaint, not this person's. I'm not a lawyer, although I took a business law class in college.

Second, CC is definitely responsible, despite what they may teach you in your CC training class. I don't know how else to say it. Any time you buy a product, there is an implicit contract (no matter what CC's policy is) that the product will work. This contract is with both the manufacturer and the retailer. If you don't believe me, ask ANY lawyer/law professor/ textbook. I'm not making this up.

Third, the CC advantage plan is with CC and not some "outsourced company." You can't underwrite something with your name on it and then run away and say "oh no that's not me."

Fourth, once again, I recommend taking them to small claims court. The legal concepts I've described above only work if you actually take them to court. If you walk into their stores and demand they uphold their warrantees, they'll give you the runaround. Suing them is the only way they'll listen. Kind of interesting that Nick says not to take advice from me but then turns around and agrees that my suggestion of taking them to court is probably the best course of action. If the concepts described above were truly wrong, then if a person took CC to court would lose right? But we've read many examples of people taking CC to court and winning. Whatever.

Alex:
>>>ALL parties that contributed to the making of the final product (manufacturer, manufacturers' suppliers, and retailer) are responsible if the product malfunctions.

Uhm, no, no and NO.

"Law 101"? Did you just make that up? They have a 15 or 30 day return policy on electronic items, and THAT is IT for Circuit City's responsibility.

It THEN goes to the manufacturer of the product, and when THAT year is up, goes to the 3rd party warranty company. It's posted, probably next to the sign that you missed about opened software, Alex.

She purchased a warranty from an outsourced company. Now you are at their mercy, so to speak. You can't just march into a store and demand that they honor the 3rd Party Warranty. It doesn't work that way.

You might have to take Circuit City to court. But I wouldn't take much "legal" advice from Alex. He lost $100.00 because he can't read and still can't comprehend why opened software can't be returned to ANY retailer.

Alex, snide remarks asied, unless you have a law degree, you can't offer anything about "law 101"; retailer isn't responsible for a product if they've done what they can to fix the problem. CC helped them with their problem when it was first pointed out to them, but since it was a problem that persisted with the laptop itself, the manufacturer of the laptop is solely responsible for the repair, service, and if need, refund of hte product.

ALWAYS go through the manufacturer while you are still in their warranty period. If you are using CC Advantage plan, then you take it up with them AFTER your manufacturer's warranty expires.

Common sense, rules out anything they teach you in "pseudo" law school.

CC is responsible for this. Under strict product liability theory, ALL parties that contributed to the making of the final product (manufacturer, manufacturers' suppliers, and retailer) are responsible if the product malfunctions. Although the manufacturer is responsible (definitely check with them), so is CC. Any law 101 class covers this.

When you say you signed up for "the plan", you mean the CC advantage plan? That's a shame; the plan is a little more than a crafty way for CC to make some quick money without incurring any costs. It's worthless and worth no more than the paper on which it's written.

As for your options, I suggest taking CC to small claims court under breach of contract. I've read posts where people problems that are similar to yours and it has worked. CC has this uncanny ability to start taking people seriously once the court date draws near. As for Denny, he's a moron. Don't let him get under your skin.

As always, Circuit City is not responsible when it comes to defective computers. They can initially try to do a fix, but first and foremost, your Computer is COVERED by the warranty by the manufacturer of the computer.

Your issue is with them.

Circuit City can help you as much as they can, but they cannot refund you for an item that is two weeks old (it could already be out of their return/refund period). You will now have to take it up with the manufacturer of the computer, whomever it is.

You're not shipping it to CC, you are going to ship it to the manufacturer of the computer, whom the warranty is with.