- Report: #665835
Complaint Review: Best Buy - Costa Mesa California
Reported By:
Duong -
Garden Grove, , United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
Best Buy
901 S Coast Dr Ste F Costa Mesa, 92626 California, United States of America
Phone:
Web:
http://bestbuy.com
Categories:
Business Rating:
(0)
Tell us has your experience with this business or person been good?
Best Buy Best Buy illegal practices Costa Mesa, California
I went to the Best Buy, store number 119, in Costa Mesa, on November 26, 2010 at approximately 11 A.M. to buy some DVDs. I stopped by the computer section to ask the employee if there is any laptops left. Turns out they have a Toshiba C655D-S5089 SKU:1401694 in stock. The employee whose name was John then informed me that there is a service fee of $80 attached to the laptop because of some "optimizations" that Best Buy did. I informed John that I was not aware of said "optimization" on the Best Buy ad, or on bestbuy.com. I also told him that I bought two laptops from Bestbuy approximately six months ago and they were able to take the "optimization" off upon my requests. John promptly told me that the policy does not apply on Black Friday and that if I do not purchase it someone else will. I informed John that what Best Buy is doing constitute false advertisement, this bait and switch sales method is illegal in both State and Federal laws. I ask John that I wanted to speak to the manager. He promptly lead me to a young lady clad in a black shirt that gave a huge attitude toward my predicament. She said if you do nott want it there are others that will take it and then dismiss me. At that point I began searching for the store manager.
I ask another young gentleman what is the store number and the name of manager in charge of everything. He said he can not give out the information. I told him that this is for a complaint and if he does not tell me I will find someone who will. He then promptly told me the store manager is Jason Benze which I soon find out was a lie. I went to the exit toward one of the employee wearing a yellow shirt and asked for the store manager by the name of Jason and he looked completely confused. Another Best Buy representative walked by and identify himself as the store manager, I asked him for his name. The manager told me its Micheal but then pause half way and ask what is this concerning. I told him what I told John and that I will be complaining to corporate. He told me that he will call the manager in charge of computers which has the final say.
The manager identify himself as Nathan Mayers and repeated what John originally said. I asked the manager if the laptop has been open, if not he could just take off the packages. He told me that the laptop has been open to perform the "optimization." I told him that I was not made aware of the condition by the ad, bestbuy.com, or any of the Best Buy personnel. I informed him that trying to sell pre-used items as new without marking it as such is unethical if not out right illegal. If the customer wants the service he or she should be able to opt-in and be informed that his or her laptop will be open and service. He told me service was performed by trained and certified employees. I told him it doesn't matter you can't sell opened items as new without informing the customer. I also asked for the credentials that qualifies his employees to service the computers because now I am worry about cosmetic defects, void warranties, or even the wrong item. He reinstated that the employees are certified by Best Buy and refused to produce the documents that I requested as if I was to take his words as truth. I told him there is nothing on the box to identify who service the computer so when it breaks upon opening who do I blame; what if the employee switch the power adapters by mistake and break the computers; what if the employee installed malware or spyware and steal people's personal information because they did not know that their computer was tamper with by uncertified technicians. I asked him: is Best Buy responsible for agreement with Microsoft and that anything I do to infringe that agreement is actually Best Buy's fault. He became more and more defensive and asked what would I like him to do. I said: since Best Buy did the "optimization" and I do not want it, there is a way to restore the computer to its factory condition by the manufacture either by disk or a partition on the hard drive. I told him I would overlook the opened nature of the laptop and I will not be getting any service that I do not need because of the restore process and I will wait. He told me that it was not possible, you cannot restore the laptop, which I knew to be a complete lie. According to the user manual taken from Toshiba's website1, on this particular laptop on page 59 one can restore the computer to its factory condition. He told me that if I was willing to wait till the end of the day and if no one buys the laptop with the plan he would sell it to me for the price promised on the ad. I informed him that idea was ridiculous, the laptop is on hand, I am here, this store is not an auction site, I should be able to buy the laptop as promised by the Best Buy ad and bestbuy.com. The manager continues to say that it is reserve for customers who will pay the extra $80 fee first, if no one buys it at the end of the day I can have it at normal price. I told him that I will complain to corporate, the FTC, the BBB, Toshiba, Microsoft, and the local new channel. I walked out the store at 1PM.
I understand that John and the Manager by the name of Michael was doing their jobs and was perfectly professional with me, I cannot say the same thing for any other employee I met at the Best Buy store in Costa Mesa.
1
http://www.csd.toshiba.com/cgi-bin/tais/support/jsp/modelContent.jsp?ct=SB&os=&category=&moid=2836001&rpn=PSC16U&modelFilter=C655D-S5089&selCategory=2756709&selFamily=1073768663
Edit: FTC Complain # 28383629 (10:04AM, 11/27/2010)
Edit: BBB Complaint https://minnesota.app.bbb.org/complaint/new/?bid=0000007663
Edit: Complaint.tv http://www.complaint.tv/best_buy-3819.html
I ask another young gentleman what is the store number and the name of manager in charge of everything. He said he can not give out the information. I told him that this is for a complaint and if he does not tell me I will find someone who will. He then promptly told me the store manager is Jason Benze which I soon find out was a lie. I went to the exit toward one of the employee wearing a yellow shirt and asked for the store manager by the name of Jason and he looked completely confused. Another Best Buy representative walked by and identify himself as the store manager, I asked him for his name. The manager told me its Micheal but then pause half way and ask what is this concerning. I told him what I told John and that I will be complaining to corporate. He told me that he will call the manager in charge of computers which has the final say.
The manager identify himself as Nathan Mayers and repeated what John originally said. I asked the manager if the laptop has been open, if not he could just take off the packages. He told me that the laptop has been open to perform the "optimization." I told him that I was not made aware of the condition by the ad, bestbuy.com, or any of the Best Buy personnel. I informed him that trying to sell pre-used items as new without marking it as such is unethical if not out right illegal. If the customer wants the service he or she should be able to opt-in and be informed that his or her laptop will be open and service. He told me service was performed by trained and certified employees. I told him it doesn't matter you can't sell opened items as new without informing the customer. I also asked for the credentials that qualifies his employees to service the computers because now I am worry about cosmetic defects, void warranties, or even the wrong item. He reinstated that the employees are certified by Best Buy and refused to produce the documents that I requested as if I was to take his words as truth. I told him there is nothing on the box to identify who service the computer so when it breaks upon opening who do I blame; what if the employee switch the power adapters by mistake and break the computers; what if the employee installed malware or spyware and steal people's personal information because they did not know that their computer was tamper with by uncertified technicians. I asked him: is Best Buy responsible for agreement with Microsoft and that anything I do to infringe that agreement is actually Best Buy's fault. He became more and more defensive and asked what would I like him to do. I said: since Best Buy did the "optimization" and I do not want it, there is a way to restore the computer to its factory condition by the manufacture either by disk or a partition on the hard drive. I told him I would overlook the opened nature of the laptop and I will not be getting any service that I do not need because of the restore process and I will wait. He told me that it was not possible, you cannot restore the laptop, which I knew to be a complete lie. According to the user manual taken from Toshiba's website1, on this particular laptop on page 59 one can restore the computer to its factory condition. He told me that if I was willing to wait till the end of the day and if no one buys the laptop with the plan he would sell it to me for the price promised on the ad. I informed him that idea was ridiculous, the laptop is on hand, I am here, this store is not an auction site, I should be able to buy the laptop as promised by the Best Buy ad and bestbuy.com. The manager continues to say that it is reserve for customers who will pay the extra $80 fee first, if no one buys it at the end of the day I can have it at normal price. I told him that I will complain to corporate, the FTC, the BBB, Toshiba, Microsoft, and the local new channel. I walked out the store at 1PM.
I understand that John and the Manager by the name of Michael was doing their jobs and was perfectly professional with me, I cannot say the same thing for any other employee I met at the Best Buy store in Costa Mesa.
1
http://www.csd.toshiba.com/cgi-bin/tais/support/jsp/modelContent.jsp?ct=SB&os=&category=&moid=2836001&rpn=PSC16U&modelFilter=C655D-S5089&selCategory=2756709&selFamily=1073768663
Edit: FTC Complain # 28383629 (10:04AM, 11/27/2010)
Edit: BBB Complaint https://minnesota.app.bbb.org/complaint/new/?bid=0000007663
Edit: Complaint.tv http://www.complaint.tv/best_buy-3819.html
3 Updates & Rebuttals
MichaelJc
WARWICK,Rhode Island,
USA
Shady perhaps, but not illegal
#2Consumer Comment
Tue, November 30, 2010
I bought a laptop from Best Buy about four months ago. The laptop I wanted was the last in stock and it was 'Optimized". I simply told the salesman that I was not interested in being charged $80 dollars for a sub-standard anti-virus program and the clearing off of some programs. I was also not happy that the box was open, as it was a gift for a teenage boy (you know how they are). The salesman agreed to knock off the $80 AND let me keep the "optimization" package. That was good for me, so I bought it. My nephew has not had any problems with it at all.
More to your point though, you were refused a reduction in price because it was, after all, Black Friday. The store knew it would sell that laptop no matter what. I certainly understand why you were so angry and why you questioned the open box and the competency of the technicians- especially when it seems the store manager paused and faltered when trying to answer you. (This is due to lack of experience and being caught off guard, nothing more) Perhaps a more experienced manager would have assured you that the store return policy AND the manufacturers warranty would still stand- regardless of the optimization. See, regardless of whether we as the public regard Best Buys technicians as competent, manufactures who sell through them hold the company and it's in-house techs to a standard, so, competent or not, Best Buy would still be responsible.
As far as the legality, I am not a lawyer, but I am a paralegal. From what I have gathered from my education and work experience, advertisements are NOT contracts; they are not bound to the same rules. As someone else already stated, as long as the company had laptops SOMEWHERE to sell for the advertised price, they were OK.
It seems like I am arguing against you, and perhaps in a way I am, but believe me, I feel your pain. I feel like Best Buy counts on the fact that people, not always, but in general, get very excited about making electronics purchases. Such companies go in thinking they can sell these items, modify some so as to profit a few extra dollars, and, all else failing, still sell the modified versions for the higher price to people who, though they dont want or need the modifications, are so excited and anxious to buy the product that they will be willing to pay the extra fee so as not to have to wait. This is especially true on Black Friday. These optimizations should be offered as an extra - to be performed at the customers request at the time of purchase - not otherwise. In that, I totally agree with you.
I guess the thing to remember is that a laptop is not a kidney; you don't need to settle on the first or closest - shop around for the best deals - even on Black Friday.
PS: I'm almost positive you can get a refund if you write the company directly.
Ronny g
North hollywood,California,
USA
The optimization is not "required"..
#3Consumer Comment
Tue, November 30, 2010
..however, if the only models left are optimized units, then you can choose to purchase the optimized unit, or have them look up if another location has any that were not optimized. If there are none left..you lose..Black Friday sales items are not subject to "rain checks"
Has long as at ANY point in time..they did offer the laptop at the advertised price without optimization..then it is not bait and switch..but simply an attempt for BestBuy to turn a profit on the sale rather then lose money.
A bait and switch can only be constituted if the retailer had never sold..or intended to sell the advertised item for the advertised price. Simply running out of the item does not constitute a bait and switch....it just constitutes an angry consumer who got there too late.
We read about this EVERY year..from complaints about EVERY major retailer..lodged by consumers that were too late. Next year get up earlier and wait outside freezing like the rest of the morons.
I am the law
Chicago,Illinois,
USA
?
#4Consumer Comment
Mon, November 29, 2010
I was always offered this "optimization", but never took it. I never heard of them making you take it.
