• Report: #425930

Complaint Review: Digital Depot

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  • Submitted: Wednesday, February 18, 2009
  • Last Posting: Tuesday, January 10, 2012
  • Reported By: — Joplin Missouri
Digital Depot
1632 Broadway New York City New York 10019 U.S.A.

Digital Depot Professional Scam Artists Grossly Overpriced Cameras, accessories High Pressure, Bait and switch, tagteaming New York City New York

*UPDATE by author: Thank You Ripoff Report: Expense Check received.


5Author 0Consumer 0Employee/Owner

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On 10/23/2008 I went into Digital Depot while waiting to meet a friend who was arriving on the subway. I wanted to get a camera I saw in the window for my daughter for Christmas. I also wanted to look for a replacement for my 5 year old Kodak EZ Share. I was high pressured and switched back and forth between two salesmen who ended up selling me a total of 7 products: a Panasonic Lumix DMC-FZ28 for 899.99, a Pentax OptioV20 for 189.99, 2 Memory cards 189.99, 2 extra Batteries for the Lumix 149.99, and a 55mm Digital Concepts Lens for a total purchase price of $1830.51 on my credit card and an additional $50 cash. They threw in a case for each camera and some postcards of NY.

After I got home to Missouri, I checked out the products on Amazon and found that I had been totally ripped off. The value of the cameras and especially the accessories had been misrepresented. The $375 lens was available for 29.00, the batteries were less than $15 each, the memory cards were less than $15 each, the Lumix camera was only $300 and the Pentio was $150 . The "Free" camera cases were worth 10 and 5 respectively.

I filed a dispute with Chase Mastercard, but because I had signed the receipts they could not help me. I then filed Complaint#01027154439 with the Dept of Consumer Affairs in NYC. The DCA Agent Bobby Siblis contacted DD. Afshin Hakak, the manager, offered 2 choices for resolution. I could keep all the merchandise and he'd refund me 600 (1/2 of the overcharge) or I could return all the merchandise in original packaging for a full refund. I chose the latter.

Because they had not even given me original packaging for the batteries or memory cards, I purchased identical product and returned unopened battery/memory card blister packs with their cameras, the lens and the "free" cases and postcards. I believe it is part of their scam to open the product in the store and sell it to the customer without the original packaging so that the customer cannot return it with the original packaging. UPS packed my items carefully and I sent it "signature required" and insured for the entire purchase price. Mr. Siblis told me to in order to prevent them from claiming it never arrived or was damaged. Using the tracking number I have verified that it was signed for.

Digital Depot now is refusing to refund my money claiming the product is not from their store. These people are professional shysters. They are preying on "tourists" who they believe will not take them to court due to the prospective loss of wages and travel costs necessary to follow through the hearing and legal process in NYC. They chose the wrong country mouse to swindle. I WILL travel to NYC to testify in court to my experience. I am sure that my extensive documentation and testimony will guarantee a judgment in my favor. I will then ask for a refund of my shipping costs as well as my travel expenses and it will cost them twice as much as if they had just been honest businessmen.

I have contacted both Panasonic and Pentax and have filed complaints with them. I will ask for a Panasonic representative to speak at the hearing. I hope that these companies will withdraw their "authorized dealer" status from Digital Depot. If I were an electronics company, I would not want to be represented by the likes of these men.

I will update this after I have a hearing date set and will let the Rip Off Report Site know the outcome of this case.

Heather
Joplin, Missouri
U.S.A.

This report was posted on Ripoff Report on 2/18/2009 10:50:49 PM and is a permanent record located here: http://www.ripoffreport.com/cameras-video/digital-depot/digital-depot-professional-sca-2f6xb.htm. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
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Updates & Rebuttals

#1 Update By Author

Hearing Date Set July 14th

AUTHOR: Heather - Joplin (U.S.A.)

SUBMITTED: Saturday, July 11, 2009

I shipped all the merchandise to Digital Depot and they only accepted the Pentio camera (which was the only item that was priced anywhere near the actual Manufacturer Suggested Retail Price). They did credit my credit card with both the amount I paid on my credit card for that camera and the $50 cash that the salesman got me to give after they had already run my credit card and he persuaded me to "upgrade" to the next better model. I was surprised that they admitted and refunded the $50 cash.

They then shipped the rest of the merchandise back to me claiming it was not purchased in their store and that I was trying to defraud THEM by returning the batteries and memory cards in the packaging bought elsewhere when I had sent them photo copies of the cards and batteries that were "out of the packaging". As I said in the previous report I believe it is a strategy of the store to remove the original packaging in the store to prevent the fulfillment of their return policy.

I followed up with Bobby Sibblies of the DCR and told him this was NOT acceptable to me and I requested a hearing. He put my case up for review to see if I qualified for a hearing. In May I received notice from the Department of Consumer Resources that I had been approved for a hearing and that I would receive a hearing date sometime in the next four months.

In late June, I received notice that my hearing date would be July 14th. Digital Depot also was notified. I then received a phone call from someone different at Digital Depot saying they wanted to resolve the issue without the hearing and asking me me to ship the merchandise BACK to them again and they would THIS TIME give me a full refund once they received it. I was told I had not sent it the attention of the right person (though I had sent it to the attention of the person they had told me to Afshin Hakak)

There was not time to accomplish this before the hearing. I do not trust them to refund the money therefore I am pursuing the hearing and will ask for a cashiers check rather than give them my credit card number again to process a refund.

I had my husband ship all my records for the hearing and the camera merchandise back to me to prepare for the hearing. I booked a flight to NYC and 2 nights stay at a hotel in Manhattan (about $500). I will be flying in July 13th for the 9:30 a.m. hearing and will ask DD to refund all of the remaining amount of my purchase and my shipping costs and my travel costs.

I am sure that they hope that consumers who are ripped off by them will
1 not recognize they have been ripped off
2 accept their loss as a "life lesson"
3 not research their consumer rights or file a complaint with NYDCR
4 not follow up their complaint with all the required paperwork
5 accept a less than fair settlement and call it "good enough"
6 not have the time or financial wherewithal to return to the city for a hearing.
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#2 Update By Author

Hearing Attended, Refund Obtained...but Buyer Stay Wary.

AUTHOR: Heather - Joplin (U.S.A.)

SUBMITTED: Tuesday, April 13, 2010

I did  go to NYC for a hearing at the Department of Consumer Resources. It was not a court style "hearing" but rather a mediation that concluded with legal papers being signed by both sides. Usually these complaints do not get taken this far as it is inconvenient for the consumer to take time off and can be expensive for the consumer to return to NYC for the meeting. 

Mr Afshin Hakak attended the hearing and agreed to refund the remainder of the full purchase price of my cameras and equipment in return for the return of the merchandise.  I did give him the merchandise and received the remainder of the credit on my Mastercard promptly. He still claimed that the his prices were legitimate ....that electronics prices drop very quickly etc.... He also said he had not seen the return package I had shipped to the store.  

I feel glad to have gotten my money back.
Unfortunately, I was unable to get reimbursement for my travel or the shipping expenses as that would have required yet another trip to NYC . The mediator said he did not know of anyone who had been able to recoup their travel expenses for a consumer complaint hearing. It was expensive to pursue the complaint with Dept. of Consumer Resources to its conclusion but I felt that it was the right thing to do. 
Mr Hakak phoned me (April 12th 2010) and asked me to remove/update my original ripoff report. I am filing this update at his request. I apologize for taking so long. 

In conclusion, I would recommend that consumers be wary and research the products and prices of electronics before purchasing them.  I was not familiar with the MSRP for the cameras or memory cards I purchased therefore was sold grossly overpriced merchandise. If wanting camera equipment in NYC go to a place with a solid historical reputation for value and consumer service like B&H.... .
I would not recommend purchasing cameras or camera equipment at Digital Depot.
If you do and are overcharged, pursue the legal channels available to you to obtain a refund and be persistent.

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#3 Update By Author

Digital Depot Desires to Clear it's Reputation: Technology Talks

AUTHOR: Heather - Joplin (U.S.A.)

SUBMITTED: Friday, December 17, 2010

Mr Hakak contacted me yesterday (December 15th 2010) offering reimbursement for the expenses for my trip to NY for the hearing before the Department of Consumer Resources in the summer of 2009 in exchange for updating or removing my comments on this site.  This is an offer out of the blue quite unexpected, unsought and is definitely beyond what he is legally required to do. Perhaps it is a sign that Digital Depot has decided that customer relations is more important in an era where people can look up a store's reputation on a wireless hand held device like a i-phone or blackberry before they make a substantial purchase.

I had written off my losses considering them just part of doing the right thing and helping other prospective consumers avoid an unfortunate situation. Mr Hakak was very polite both at the hearing and again on the phone yesterday. I will consider his offer but will look first to see if Digital Depot has had any additional reports filed against them for the same type of incidents since my case.

IF they have not had additional reports filed on them since then perhaps they have changed their business model to be more fair to the consumer and I will accept their offer of reimbursement for my plane ticket, hotels and meals and cab rides etc...

BUT... if I see that Digital Depot has continued to prey on the uninformed and naive customer by charging much more than the MSRP for their products... then I will not agree to the offer so that my report might continue to be a warning to tourists near Broadway in NY not to purchase camera equipment anywhere including Digital Depot unless they have a wireless device like an i-phone that allows them to do a comparison  with the Manufactures Suggested Retail Price on a site like Amazon.com.

I want to do the right thing by everyone: for my fellow consumers by warning them if I still believe Digital Depot to be a predatory establishment, for myself by getting the refund of several thousand dollars travel expenses, and for Digital Depot by assisting them in repairing their reputation if they have indeed changed their sales and pricing practices.

 I will let you know with an additional update if Mr Hakak and Digital Depot have had additional reports filed against them recently or not and if they do indeed follow through on their offer to reimburse me for my travel expenses for the hearing at the Department of Consumer Resources.



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#4 Update By Author

Thank You Ripoff Report: Expense Check received.

AUTHOR: Heather - Joplin (U.S.A.)

SUBMITTED: Tuesday, January 10, 2012

The Owner of Digital Depot contacted me personally in December 2011 and again offered to reimburse me for my travel expenses to the hearing in New York. He had remembered me after the tornado that devastated Joplin and wondered if I had been personally affected. He expressed genuine concern and was very polite.

This time he did not ask that I completely remove my report about my experiences at Digital Depot but instead that I remove his personal name from the reports. I am comfortable with that. Though I see by the additional reports filed against them that the store continues to practice predatory sales tactics on tourists from out of town, perhaps he is no longer associated with the store. I believe removing his name from the reports is a reasonable request.

I kept all my records from the trip and was able to give him an accurate figure. I am not being paid any additional money other than what I spent on my flight, hotel, cab fares and a few meals. I have actually received a check for $732.28 and a nice note from him. I am posting this update until I can contact Ripoff Report on the phone in Arizona and remove his name properly from my updates while leaving the general reports up.

I want to thank Ripoff Report for providing a forum for consumers to be able to advocate for their right. Technology make a store's and a person's reputation on the internet instantly available.
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