Manufacturer Warranties and Protection Plans

[User139773]

Has anyone looked at the legal issues related to the protection plan sold by Best Buy? My TV has begun having issues and, when I went to find out my options, one Best Buy told me that, if the TV is not working right, they will give me an equal unit or a credit for the same amount a similar TV would go for towards a new TV. When I went to another Best Buy though to arrange its drop-off, they gave me the story I see here: You have to wait weeks and jump through infinite hoops to get the TV fixed. This was COMPLETELY misrepresented to me at the time of purchase. I only have one TV in my house and would never have agreed to the terms had the Best Buy employee not provided intentionally misleading information to get me to agree to the plan. I clearly remember them saying that, if anything goes wrong, they will easily replace it. This was an intentionally misleading statement and I will not let this stand. You ripped me off. My issue is not with the fine print of the contract: it is with the deceptive sales practices that Best Buy employees use to coerce people into purchasing these plans. It is unethical and, as they are intentionally lying about an insurance contract they fully understand the terms of, potentially fraudulent. I have no intention of going through the run-around others have been forced to. Best Buy, I have a Samsung LN37A450. Either refund me the premiums for the contract you have no intention of honoring or provide me a fair store credit for the TV ($400 or so) and I will agree to spend another $400-500 on a new TV (without a service plan). My alternative, should you not resolve this matter, is to contact the BBB while utilizing Yelp, Google Reviews, and other social media to describe your practices so that future customers are aware of the unbalanced and misleading marketing used.

[Mbrguy Emerging Expert]

While no employe should every lie or knowingly misrepresent Black Tie, there really is no way to tell what was said during the transaction. So, to combat this and ensure that every customer knows what the plan entails, a copy of the Terms and Conditions is made available to every customer. Before the purchase of Black Tie can be completed, you would have had to acknowledge by keypad that you received this copy of the Terms and Conditions. The actual prompt on the keypad states "I have received and agree to the Terms and Conditions for my Geek Squad Black Tie Protection Plan." - this is stating that you have acknowledged that you did indeed receive the Terms and Conditions pamphlet and that you are legally agreeing to the said terms/contract.

Best Buy then gives every customer 30 days to read the small Terms and Conditions pamphlet and if they see something that they do not agree with or feel that the plan does not live up to what they were made to believe it was, they can return the Black Tie for a FULL refund. After the first 30 days, they may return it for a pro-rated refund.

This ensures that every customer has the means to know exactly what the Black Tie Plan entails and if a customer does not like the Plan or feels that there is no value in it, they may return it within the first 30 days and they will receive their money back.

As for the "legal issues", when you accept the terms via the keypad, that represents a binding contract and are representing that there are no verbal agreements that are binding.  Not sure what type of "legal issues" you were referring to.

[User139773]

I appreciate and respect your point. I am not arguing the contract as I'm sure it is written by some very skilled lawyers while being made long and complex enough to have the average person give up trying to decipher it and trust the information provided by the sales person.

And yes, it is the salesperson's word against theirs; however, the frequency of cases where people are shocked to find out what is required for the guarantee to be honored shows that it is not clear or properly explained. Even if the contract is valid, I am curious to know if the misrepresentations by the sales rep warrant an attempt to deceive for financial gain. That is a legal issue for sure.

[Mbrguy Emerging Expert]

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BestBuyOrBS wrote:
I am not arguing the contract as I'm sure it is written by some very skilled lawyers while being made long and complex enough to have the average person give up trying to decipher it 

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The Terms and Conditions, aka the "contract", is actually very easy to read and understand.  It isn't long and not complex at all.  It can easily be read in about 10 minutes and Best Buy has tried to make it as simple and easy to understand as possible.  For a copy of the Terms and Conditions, you can find it at this link.

[User139773]

I appreciate your feedback Mbrguy but politely disagree due to the excessive reliance on the term "at our discretion" and minimal mention of the extended turnaround times in that document. I also feel your prior association with Best Buy and clear personal bias regarding consumer's responsibilities with this agreement (based on your bio) makes this an argument that I have no reason to get into. That being said, we each have our right to an opinion and mine has not been swayed. I will be seeking action from someone authorized to speak on behalf of Best Buy and/or take any action that I deem appropriate to make myself whole for questionable practices and to help future consumers get a fair and equitable expectation of the plan that they are buying.

[User139773]

Here's a great example of the deceptive tactics used by Best Buy employees: http://consumerist.com/2008/11/best-buy-caught-using-sneaky-sneaky-tricks-to-sell-hdtv-calibration-s...

Best Buy got away with pulling stuff like the "protection plan" before when it wasn't so easy to find others on the net who have been taken for a ride as well. Good luck keeping market share with this kind of publicity!

[User139773]

And another: http://consumerist.com/2012/02/best-buy-thinks-a-new-ac-adapter-is-a-suitable-replacement-for-laptop...

Isn't it amazing how Best Buy just seems to find a way to avoid honoring it's agreement?

[Mbrguy Emerging Expert]

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BestBuyOrBS wrote:
Here's a great example of the deceptive tactics used by Best Buy employees: http://consumerist.com/2008/11/best-buy-caught-using-sneaky-sneaky-tricks-to-sell-hdtv-calibration-s...

Best Buy got away with pulling stuff like the "protection plan" before when it wasn't so easy to find others on the net who have been taken for a ride as well. Good luck keeping market share with this kind of publicity!

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While they should have used the same source to show the differences, that story doesn't even think to look at the differences between calibrated vs non-calibrated TV's with the same source.  At the store I used to work at, they had two TV's set up, calibrated and non-calibrated, and they had the exact same source.  Looking at both, you could see a huge difference in the pictures and see the value of the calibration service.  That one story didn't address whether the calibration service was actually worth anything, it only harped on one source being HD while the other wasn't.

The protection plans do NOT need any "trickery" or "deceptive tactics" to be sold, they sell themselves on the protection it offers.  I personally have seen countless people get their products repaired or replaced via the Black Tie vs only a few where the issue was not covered.  If the protection plan was not a good value, I would not purchase it for myself.  Even though I no longer work there, I have seen enough customer experiences to know whether the Black Tie is a value or not and I buy Black Tie on all my major purchases.  Apple iPhone 4S last December, 46" Sony TV almost 2 years ago, camera last Black Friday, GPS system last year, Xbox 360 last month, Apple TV and iPod Classic last week.

If the Black Tie were a scam or a waste of money, there is NO reason whatsoever that I'd spend my money on it.  But I know better and I buy Black Tie because I know the value.

[User139773]

I truly don't know if you are a plant from Best Buy to curb their ever-increasing negative online commentary or just truly biased, but here is a great article to leave you with:<br><br><a href="http://www.forbes.com/sites/larrydownes/2012/01/02/why-best-buy-is-going-out-of-business-gradually/" target="_blank">http://www.forbes.com/sites/larrydownes/2012/01/02/why-best-buy-is-going-out-of-business-gradually/</a><br><br>If I have to have them fiddle with my tv for a few weeks to fix it under contract, fine: I will order my new $1000 TV from Amazon and put my old one, when Best Buy finally honors it's agreement, in the bedroom and never do business with them again. Best Buy can wallow in its myopic ignorance and care less about losing another previously loyal customer while then going on to whine about shrinking market share without having the brains to put 2 &amp; 2 together: If you upset customers and make them feel cheated, they will leave.

[CrimsonRain]

tl;dr

You will have a working TV. If Best Buy cannot repair the TV, they will replace it. Simple as that. No, this is not a legal issue but if you feel the need to sue, please post the court case here and I will be there to laugh. Social media will work for like a week, then a new flavor of the week will come along. The BBB is on the payroll of businesses and companies like Best Buy. They are there to mediate, not police. Best Buy will carry out their end of the service plan agreement, the BBB will do nothing. End of story.