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Best Buy Black Friday 2005 illegal activities?

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schwinn

Junior Member
What is the name of your state?
Connecticut / Massachusetts

My wife and her friend recently "attended" the mass hysteria during the Black Friday morning deals at Best Buy in CT. The objective was to buy some computers that they had on special sales during this time. The first computer was a desktop for $150. However, they were told that the store had no more "base" systems available, but they had a "special" version where they preinstalled some antispyware and antivirus software for $118 extra. Given the still-good price on the product, and the lack of any other options, they took the offer even though it seemed fishy (besides which, after waiting for 5 hours in the cold, dark night, they certainly didn't want to lose the still-pretty-good price on the system).

After that the other 2 systems were laptops. The laptop they planned on buying was about $400, but again, they pulled the $118-extra deal on these too. However, instead of getting these laptops, they were recommended a $579 Gateway laptop which was certainly a better equipped computer, and since it was $579, they figured it was certainly a better deal than the $518-ish Toshiba. So, they both bought one of these.

Now, here's where the fun starts: After checking the receipts at home, we noticed that something didn't make sense. Sure enough, without telling them, both laptops also had the $118 additional put on them. Again, they were familiar with the matter, and never were told about this additional cost for the laptops, yet they were charged.

For now, we have kept the machines, and the friend is going ahead to use it anyway, since she needed it sooner than later. However, doesn't this seem like a bait-advertising scam that is illegal? Is there any legal foundation for this to be allowed?

Now, here is where more of the fun starts. So, with my laptop in hand, I went to my local Best Buy in MA to return the machine, as I don't feel it was a good value for $579 + 118 since I already have antivirus/spyware software and I am certainly more than capable of installing it. (Note also that during this sale, these items were also available free after rebates, and I actually purchased a package for my other computers anyway.)

Upon trying to return it, I was told they would not accept it for the following reasons:
1) "Labor" for installing the computer is not refundable.
2) Since the computer was bought in CT, the MA store could not accept it because the tax rate is different, and the purchase was greater than $1000 (the TOTAL purchase was greater than $1k, but the computer was not, fyi). Since the CT store is about 3 hours away, I offered ot take the MA-tax refund instead (giving up 1% to CT) since it would cost me more in gas to get there... yet they refused this too. Is this even remotely excusable? Sounds like their system is incapable of reconciling this matter, but that's not my problem.
3) Since the store we bought from in CT gave us a printout-receipt (the paper in the register ran out) they would not accept this printout in my local store since it was not official. Sure, I could argue with them about this, but given the former matter, I gave up and left with the computer.

So, the questions are:
1) Was this $118 "feature" a method of bait and switch? Obviously, they had the advertised merchandise, but purposely loaded it up with $118 of crap that can be had for free during the very same sale.
2) Is it legal for them to refuse my return in MA for tax reasons from my purchase in CT? Is this even an acceptable excuse?
3) What are my options for recourse, should I decide to threaten legal action? Small claims court in CT, I assume? Maybe small claims in MA against my local store (assuming the above issue is not legal, of course)?

Any other ideas? I just hate that so many of us got screwed that morning.
 


racer72

Senior Member
1. No. Read the ad very carefully. Right next to the price is how the price is determined. Best Buy has stated they are not liable when the info was plainly spelled out in the ad. By purchasing the product, they agreed to the additonal requirements.

2. Yep. Legally they don't have to take it back at all.

3. Based on your post, you have no cause for action. BB used some slick marketing tactics but it was all legal. Believe me, you can sue in small claims court in every state in the Union, they will all end up in Federal court and BB will be represented by a large and powerful law firm. Strike one. They will present information that the purchases were legal and binding and that you are extremely confused. Strike two. The lawyers will use terminology that you don't understand, how is your Latin? Strike 3. Your out.
 

schwinn

Junior Member
1) We did read the ad very carefully - there is no mention of this additonal software bring required for ANY computer. The price shown is $579 for this laptop - period. No disclaimers or other fine print is involved.

Granted, for the desktop, my wife and friend did knowlingly agree to the additional junk, but they never were questioned nor did they agree to it on the laptops. It was then put on the receipt without their consent or knowledge for the laptops as well. Only after checking the confusing receipt was this determined, as the numbers didn't add up otherwise. (As I mentioned, the receipts stopped printing at the register, and they gave us a very unorganized, messy, and "unofficial" receipt from the customer service desk.)

2) Why is it legal for them to refuse a refund, considering they have a return policy, and they never mention any of these little differences about states in them, and I have an unopened, unused computer.

Also, one more item - they forced my wife and friend to buy a $35 USB cable for the free printer that was added to the deal. Are you telling me that they can force you to buy accessories for a product? Especially even if it's not advertised as such?
 
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racer72

Senior Member
Next time I suggest you do the computer shopping and not your wife. As with the computer purchase and the USB cable, all that is required is the use of one word, no. BB has used that word with you very convincingly, try using in against them too.
 

schwinn

Junior Member
I'm sorry, but your answers don't really help me, and are simply discouraging of any of my efforts to right the wrongs. I don't want to take this to court at all, but I need some leverage to be able to get them to do what their policies state, and I am looking for this information.

Can you explain why they are not required to take a return for a computer purchased from CT?

Can you explain why they are allowed to refuse a return at all, considering I am well within their return policy limitations?

Can you explain why they can put items on my bill without my knowledge, and I have no right to do anything about it?
 

racer72

Senior Member
Can you explain why they are not required to take a return for a computer purchased from CT?
It appears to be store policy. This is a case of they make the rules, you follow them.

Can you explain why they are allowed to refuse a return at all, considering I am well within their return policy limitations?
Legally returns only have to be granted if the item is defective. Even then they only have to replace the defective item, not give a refund. Refunds and exchanges are based on store policy, see my answer to your previous question.

Can you explain why they can put items on my bill without my knowledge, and I have no right to do anything about it?
It was your wife's bill and it appears she wasn't watching the items while they were being rung up. You have the right to not pay the bill at that time if you don't agree with the charges. Personally when I make major purchases, I ask to see the charges before I pay. This can prevent a headache later. I also will never shop at BB either. I would suggest taking the items back to the store where the purchase was made and point out your problems with the manager of that store.
 

ablessin

Member
Most stores have a touchy return policy for consumer electronics.
My brother could not even return a simple pair of headphones once.

I agree with the above. Charges should have been questioned at time of purchase, not after your wife left the store.

You can dispute with your credit card company, that seems to be about the only recourse you have, and I don;t know how far you're going to get with that.

As for trying to return something in another state, no - 99% of the time at any retailer you can't return an item purchased outside state lines. Espcially if the stores are independently owned and not incorporated.
 

whiteranch1

Junior Member
I'm merely a consumer, but I'd go back to the store in the state where you purchased it and at first be nice like you are fully expecting a good outcome. In the event you don't get one I'd escalate and raise a stink...and keep raising a stink until you get an acceptable outcome. Your local news channel may have a problem solvers branch etc. Leave no stone unturned. You might also go in with a proposal of your own, as you know people generally like problems solved for them then all they have to do is accept the solution. For example if nothing else, maybe you can request an exchange for a gift card that you can use on a different purchase.

Like you, I attended black friday looking for the laptop but they were out. Sounds like that was a good thing.
 

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