Best Buy & Geek Squad Policies

[Rebeccam]

I sent this email out to the privacy manager email at BestBuy, but I am very concerned that my problem will not be addressed in time. I am exchanging a defective computer this evening, as I need a unit for my business. My concern is this: I am unable to remove my personal and financial data from the computer I purchased at BestBuy, due to problems with a defective computer, less than 24 hours after I purchased it. I know that it is "policy" for BestBuy to reformat returned computers, but I also see on the website this: 
 
 
"Note regarding personal data on returned or exchanged products
Please remove all personal data (e.g. computer or wireless phone data, videotapes) from any returned or exchanged products. Best Buy is not responsible for any personal data left on or in a returned or exchanged product."
 
 
I have a unique case. I bought the Acer AX3200 desktop Sunday evening. In less than 24 hours, the computer was dead. I have spoken to various BestBuy employees about the crash (and I took photos), and they say either the hard drive is dead or cables are lose. Because the computer is sealed under warranty, I cannot open the computer case and determine for myself what the problem is, nor can I resolve it. I have been unable to reformat the drive myself, due to these serious computer problems. So I am going to return the computer (this evening) and exchange it for another model. The BestBuy employees have assured me that they do reformat the hard drive and wipe it clean, and therefore my very sensitive data will be erased. HOWEVER, I want to be absolutely assured of this. I am unable to do it myself. 
 
When I spoke on the main phone (1-888-BestBuy number) I spoke with a BestBuy employee, named Elizabeth. I told her of my concerns. She said I could wait at the store while the techinician wiped out the hard drive. When I called my local store (in New Hartford, NY) to see how long this would take, the young man named Ralph said it would take about 24 hours! I don't think I can sit around and wait 24 hours for the job to be done. 
 
I again called the main BestBuy store (the 888 number) and spoke to a young man whose name I couldn't determine (perhaps Tish?). I again expressed my concerns and said that I couldn't wait around for 24 hours to make sure my data was erased. I said I was concerned that, if my data was stolen, I would liable because I hadn't reformatted the drive myself-- even though I am unable to do it due to the nature of the product failure. The young man reassured me that once I exchanged the defective computer for a new one, the defective computer was the responsibility of BestBuy and that BestBuy would be liable for stolen data. He said I could look at the privacy policy online for this. 
 
I have been searching your privacy policy and I see nothing that would reassure me. Instead, I found that "Best Buy is not responsible for any personal data left on or in a returned or exchanged product." 
 
My problem is unique in that this computer failed through no fault of my own, and I am unable to erase my data through no fault of my own. Yet if, for some odd reason, my data is not erased by BestBuy or is not completely erased by BestBuy, I am liable. I find this abhorring. 
 
So I am asking for written reassurance that: 
 
1) all my personal data WILL BE erased
2) I am not liable if my data is stolen from this computer
3) BestBuy is liable if my data is stolen from this computer
 
These problems that have occurred are not any fault of mine. I bought this computer in good faith from BestBuy and now I find myself in a mess. I have very sensitive business financial information on this hard drive and I need to be absolutely sure that it is erased thoroughly. 

 Does anyone have any advice, or is there a BestBuy supervisor who can help me get some reassurance about this? I'm stuck in a conundrum. Thanks.

Message Edited by Rebeccam on 11-04-2008 11:13 AM

[Rebeccam]

I spoke with the manager at my local store and he said he's willing to give me written confirmation that the drive was wiped clean. I hope this solves this issue. I'd appreciate any input from the BB Geeks, if you have any...

[JKennedy]

All 3 questions are best suited for an attorney rather than strangers on the internet.

But I'm curious, how would you be liable for your data being left on the drive?  Is the data damaging to someone else?  I'd think the only concern would be keeping my personal data out of others hands.

[MtnXfreeride]

an attourney?   Give me a break  lol

[Rebeccam]

Liable as in paying financial damages and etc. I've suffered identity theft twice, both times because someone on the inside of a company got access to my data. Because it was not my fault, the banks took care of the costs. I'm not looking for money, I'm looking for reassurance. Identity theft is a NIGHTMARE. 

[John-BBY Community Connector]

Hello Rebeccam,

Certainly there is nothing more frustrating than having a brand new product fail right out of the box.  It is for this reason that Best Buy® has a return policy that allows our customers to exchange defective products without issue.  In this circumstance, Best Buy® would certainly exchange the unit for you.

Let me address the points for which you are asking written assurance.  I will explain Best Buy®’s position on each.  After addressing them for you, I would like the opportunity to research this issue further and see if there’s anything I can do to reassure you that your concerns are being addressed to the best of our ability.

1.  You are asking for assurance that your data will be erased.  This is not a promise that Best Buy® can make.  If the drive is defective and cannot be accessed, our Geek Squad® Agents will not be able to affect any change to the data on the hard drive.  Defective computers are not resold by Best Buy®; they are returned to the manufacturer and the defective components would be subject to their policies and procedures.  Best Buy is not responsible for manufacturer’s defects; we offer our return policy so that our customers have an immediate recourse for issues such as this.

2.  Best Buy® cannot guarantee that you will not be held accountable for the data that you put onto the computer.  Ultimately, since you loaded the computer, you are responsible for its contents.  Again, Geek Squad® will endeavor to erase the information, but Best Buy® and Geek Squad® will not assume liability if this cannot be done.

3.  As I’ve already stated, and as you have discovered yourself, our return policy does specifically state that Best Buy® is not responsible for data left by the customer in a returned item.  I know that you may bear no fault in the failure of the product, but Best Buy will assume no liability for data that you loaded into the computer and could not remove.  We will do all in our power to help, but Best Buy® will assume no liability in this matter.

If you don’t feel that Best Buy® can address these concerns to your satisfaction, your other recourse would be to contact the product manufacturer directly.  They may be able to offer additional or different options for this situation.

I certainly don’t intend to compound your already frustrating experience.  That’s why I would like the opportunity to work with you and the store representatives to be sure that we have done everything that we can to address your concerns.  Please look for a private message from me.  If you will provide some additional information, I’ll look into this further.

I look forward to working with you and thanks for writing.

[Rebeccam]

Hello John and thanks for your input. I sent you a PM with the information you requested.

I would like to respond to your reply, particularly the statement you made:

If the drive is defective and cannot be accessed, our Geek Squad® Agents will not be able to affect any change to the data on the hard drive.  Defective computers are not resold by Best Buy®; they are returned to the manufacturer and the defective components would be subject to their policies and procedures.

If this is the case, then I would prefer to have the hard drive in question. It is not my fault that the drive is defective; it is reasonable to assume that a buyer of a computer would actually put personal information on the computer-- that's what computers do and are for. This policy, whether it be BestBuy's or the manufacturer's, is burdening me with a tremendous amount of responsibility but very little control over my own property. It is unjust for me to be dragged through all thiswhen I did nothing wrong but instead paid for the machine, picked it up myself, took it back, and have gone through the hassle that defective products bring. I have given my own time, labor, and concern for a machine that I paid full price for. If I am going to be forced to be responsible for the machine, I'd like to have some rights that I may do my duty as a responsible owner. 

So if such is the case, I would like to have the hard drive given to me. Then I can ensure that my personal information is removed (with a hammer), and everyone is happy.

[John-BBY Community Connector · Accepted solution]

Hello Rebeccam,

I certainly understand the sensitive nature of this situation and the loss of your time and effort in attempting to resolve it.  That said, I regret to inform you that Best Buy® will not be able to honor your request to provide you with the hard drive from the computer when it is returned to us.  Best Buy® must return any defective product to its manufacturer intact. 

However, I have determined that the Geek Squad® Agents at your local store have already reformatted the hard drive as promised.  With that work completed, the product will be returned from the store to the manufacturer.

I hope this helps.

[Rebeccam]

John, this is excellent news! 

I am appreciative of your assistance in this matter.