• Report: #374589

Complaint Review: Best Buy Inc

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  • Submitted: Sat, September 20, 2008
  • Updated: Sun, November 23, 2008

  • Reported By:Whitman Massachusetts
Best Buy Inc
7601 Penn Avenue South Richfield, Minnesota U.S.A.

Best Buy Inc BEST BUY REFUSES TO HONOR NO LEMON POLICY Richfield Minnesota

*Author of original report: NEXT STOP - MASSACHUSETTS SMALL CLAIMS COURT

*UPDATE EX-employee responds: Renew the PSP

*Author of original report: BETTER BUSINESS BUREAU IS AS USELESS AS ____ ON A BULL!

*Author of original report: FISRT STEP RESULTS - BETTER BUSINESS BUREAU GETS INVOLVED

*Author of original report: FISRT STEP RESULTS - BETTER BUSINESS BUREAU GETS INVOLVED

*Author of original report: FISRT STEP RESULTS - BETTER BUSINESS BUREAU GETS INVOLVED

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I purchased a 52" Toshiba DLP television from BestBuy on Dec. 11, 2004. With it, I purchased all of the cables, surge protectors, bells and whistles they recommended-including a $400 PSP (Performance Service Plan). Everything combined, cost me $4210.63 (incl. tax).

After 8 months (Aug.05), the lamp failed. The lamp is required, in order to "see" the telivision. No lamp means no television. Because it was still under the original manufacturers warrant, Toshiba replaced the lamp (through BestBuy).

5 months later (Jan.06), the lamp failed again. Since the manufacturers warranty had expired, the PSP ha kicked in. BestBuy had an authorized repair center come to my home, and replace the lamp.

in Mar.07, the lamp had it's 3rd failure, and was again replaced by an authorized BestBuy service center, sent to my home.

This month (Sep. 08) the lamp failed again. The fourth failure since purchasing the tv 3yr 9mo ago.

Since a 4 year PSP was purchased, all the lamps were replaced. But as they continued to fail, I became concerned with the reason. Technicians were unable to tell me why, and stated they were only authorized to replace the lamp - not diagnose the problem. Even though I was advised each time on the phone with BestBuy, to have the tech look at what may be causing the failure, the tech said they weren't authorized. The cost of each lamp replacement is $300-350 dollars (parts & labor). They all did indicate that the life expectancy of a lamp is 3 1/2 yrs - 4 yrs.

Given the fact that there is only 3 months left on the PSP, I am concerned that in a short time, I will have a $4000 paperweight in my living room. So I called the company, and attempted to file a claim under the No Lemon Policy clause of my PSP. They took the position that the lamp is a consumable item, and therefore did not qualify for replacement. Even though the policy did not specifically state the lamp was a consumable item, it still was. The policy listed remotes, knobs, belts and bags, and something called "etc". That is pretty vague huh? I guess the $350 part is an etc...

After much debate, the supervisor finally agreed to file a claim with the "Lemon Policy Review Board", and I would receive an answer in 3-5 days. Knowing that I had a snoball's chance in hell of getting an answer, let alone an answer favorable to me, I decided to write to the CEO (Brad Anderson), who delegated it to someone on the "Executive Resolution Team". They sure do have a lot of fancy titles at BestBuy. Brian Nash took the same position as the previous lackies, and refused to honor the warranty that they pushed so hard on me that day in the store, when I bought the tv. He did however indicate how much he appreciated my business.

The No Lemon Policy is clear to me-"After three service repairs have been completed on an individual product, and that individual product requires a fourth repair, as determined by us, we will replace it with a product of comparable performance, not to exceed the original purchase price."

So, my next planned steps are to file a small claims suit in a local court, contact the BBB and the Office of Consumer Affairs. One, or all, should be able to resolve this matter. In the meantime, I'd better think about renewing my PSP, so the lamps can continue to be replaced, while this matter is getting resolved.

In closing, BestBuy has lost me as a customer. I hope that this story scares away anyone that would read it. BestBuy will tell you one thing, and hope they never get called to task. Most times thhey're right. If they weren't right (about most people not holding them accountable), they would change the way they do business. STAY AWAY FROM BESTBUY - ESPECIALLY FOR MAJOR PURCHASES.

Brian
Whitman, Massachusetts
U.S.A.

This report was posted on Ripoff Report on 09/20/2008 07:58 AM and is a permanent record located here: http://www.ripoffreport.com/r/Best-Buy-Inc/Richfield-Minnesota-55423/Best-Buy-Inc-BEST-BUY-REFUSES-TO-HONOR-NO-LEMON-POLICY-Richfield-Minnesota-374589. 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.

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REBUTTALS & REPLIES:
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Updates & Rebuttals

#1 Author of original report

NEXT STOP - MASSACHUSETTS SMALL CLAIMS COURT

AUTHOR: Thegeorgegroup - (U.S.A.)

Well, after taking a few months, to map out my next steps, I have concluded that the only option is to try my luck in small claims court. Since filing this ripoff report, I have been contacted by a law firm, inviting me to sign on to a class action suit against Best Buy, but I opted not to participate. The compensation would have only benefited Best Buy, as any money collected (and it would have been very small) would have gone to Best Buy. That ain't happening. So, tomorrow morning, I will file my own action in court. Nothing would surprise me, and I am not confident that a judge will see this in my favor...he's probably got a big new appliance in his future, if he rules against me. But, this one little guy is ready to take on the electronics giant Best Buy. Watch this space, for results. I'll be sure to post, WIN or LOSE.
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#2 UPDATE EX-employee responds

Renew the PSP

AUTHOR: Psyoperator - (U.S.A.)

Hey Brian, I feel your pain on this. I had a similar situation with my TV while employed there and my end result was no different. Just hope to give you a few tips on what might be happening from my own experience. First off, the techs that Best Buy are sending out to you are giving you the manufacturer "line" in regards to the lamps. It seems that lamps today are kinda hit or miss. While the manufacturer of the TV's and Lamps state that you should get around 10000hrs per bulb, this is rarely the case. When I was checking consumer reports I saw that after testing DLP lamps, they ranged from 2500hrs to 8000hrs depending on use. Big difference from the 10k that its marketed to be. It's just like the laptop computer manufacturers that print 3hr battery life on their boxes when its more like 1.5hrs. If I were you I would renew that PSP considering that its going to cost you a ton more to replace the bulbs at the rate your going. You can also contact a local repair shop (Best Buy will do this too but I don't think you sound like you want to go back there) and have them lower the manufacturer set brightness on the unit. I know that all TV's are shipped at there max brightness in order to help distinguish them from their rivals on the sales floor. This will change in a few months I heard when TV's will be required to be Energy Star compliant. That might increase the service life of the bulb.

I have one other idea that might be worth trying since the in-home service techs say that they aren't authorized to diagnose any problems with the TV. I know it would be a big inconvenience but you could try taking the TV directly to the store and asking them to send it to their service department. I would call ahead and make sure that they can indeed send the unit out but if they can they will run diagnostic tests and such on the unit. At least at that point you might have a better idea if it is something other than the lamp. The other downside to this is you would be without your TV for a few weeks. Not trying to say that it's right that you should have to lug the thing in there but I'm just trying to see if there are any other options open to you.

Best of Luck
Chris
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#3 Author of original report

BETTER BUSINESS BUREAU IS AS USELESS AS ____ ON A BULL!

AUTHOR: Thegeorgegroup - (U.S.A.)

Well, this won't be the end of this saga, but it will be the end of this chapter. One final attempt, through the BBB was an effort in futility. It is unbelievable, how this organization doesn't get more BAD press. They are useless. Especially against a BBB Charter member like Best Buy. They truly only care about one thing...the dues paid by the thousands of business liek Best Buy, that only join to give the public a false sense of security when chosing to be a customer. They should be investigated. Here is the entire report, from the BBB:

BBB CASE#: 57132740
Complaint filed by: Brian
Complaint filed against: Best Buy Stores, LP - US Headquarters (More)
Business Info
NAME:

Best Buy Stores, LP - US Headquarters
BBB MEMBER:

YES
CONTACT:

Customer Care
ADDRESS:

7601 Penn Ave S Building D6
Richfield, MN 55423
PHONE:

888 237-8289
FAX:

952 238-3048
Website:

www.bestbuy.com
(Less)
Complaint status: Case Closed AJR (More)
Activity
Date

Activity

Description
09/26/2008 Case Closed AJR
09/26/2008 Inform Business - Case Closed AJR
09/26/2008 Forward Final Response to Consumer CLT.cf.rtf
09/26/2008 Received Final Response from Business Hello Mr. George. Thank you for your follow-up message through the Better Business Bureau.

While the information we have provided in response to your original Better Business Bureau complaint and previous discussions remains true, you do have the option of renewing your Performance Service Plan (PSP) if you so choose. To do so, please call Renewals at 866-287-1039.

If your television is not currently malfunctioning, the PSP will not cover a repair. If it does malfunction, the PSP simply calls for the television to be restored to normal operation. There is no other information that I can provide which has not already been provided.

Sincerely,

Brian Nash
Executive Resolution Team
Best Buy Corporate Headquarters
09/24/2008 FU3 Forward Consumer Rebuttal to Business
09/24/2008 Received Consumer Rebuttal I did want to add that the problem is not a bad lamp, the problem is what is causing the lamps to fail. I am not a technician, so I can't explain it. But it seems to be a problem within the television itself. Best Buy refuses to check for this, and will only continue replacing the lamps, until the warranty expires. At $350 each, I would think they would want to check the tv out. But, I guess with only 2 months left on the warranty, they would rather sit it out.
09/24/2008 ReOpen the Complaint
09/24/2008 More info received from the consumer I am, obviously, dissatisfied with Best Buy's response, and would appreciate the BBB classifying this complaint as not heving been resolved to the satisfaction of the consumer. And, unless there is any other correspondance with the BBB, on my behalf, I will pursue other legal avanues in the resolution of this case. Thank you.
09/24/2008 Case Closed AJR
09/24/2008 Inform Business - Case Closed AJR
09/24/2008 VF4 - Forward Business response to Consumer CLT.cf.rtf
09/24/2008 Receive Business Response Contact Name and Title: Brian Nash
Contact Phone: 612 292 0153
Mr. George was advised by Customer Care on 9/10 that lamp replacements unfortunately do not count toward the No-Lemon benefit of the Performance Service Plan (PSP).

On 9/11 Mr. George emailed the CEO of Best Buy, and I replied on 9/15 on behalf of our CEO explaining that while lamp replacement is covered under his PSP, lamps are considered consumable parts which simply do not count toward No-Lemon per the terms of the PSP.

Unfortunately our position remains unchanged, as do the terms and conditions of Mr. George's PSP. Under that plan, if the television is malfunctioning due to a covered problem, service may be requested on the television. If the problem is a bad lamp, the lamp will be replaced.

I again apologize for any disappointment, as we do value your business.

Sincerely,

Brian Nash
Executive Resolution Team
Best Buy Corporate Headquarters
09/22/2008 Member Send acknowledgement to Business
09/22/2008 Member Send acknowledgement to Consumer
09/22/2008 Member Complaint Validated by BBB Operator
09/20/2008 Complaint Received by BBB
(Less)
Case Description: Purchased Toshiba 52HM84 on 12-11-04 with an extended 4 yr. warranty. Warranty provides for product replacement under No lemon Policy,... (More) Purchased Toshiba 52HM84 on 12-11-04 with an extended 4 yr. warranty. Warranty provides for product replacement under No lemon Policy, for any item requiring a 4th repair during the period of the warranty. This item has required 4 repairs, all due to the lamp failing. The company is claiming that the lamp is considered a consumable part, and therefore the tv does not qualify for a replacement. Their warranty lists knobs, remotes, belts and bags as consumable parts, but makes no mention of lamps. These lamps are the picture tube in a projection tv such as mine. Without it, the tv does not work. They cost $350 to replace. They are supposed to last 3 1/2 to 4 years each, according to the service people that have replaced them. However, when I've asked them to determine the cause of the failure, they have reported to me that they were only authorized (by Best Buy) to replace the lamp, not diagnose and repair the reason for the lamp failures. 4 failures in 3 1/2 years is not reasonable. They have failed to fix the problem. They refuse to fix the problem, or provide me with a replacement. They only agree to continue to replace the lamp, during the life of the warranty, which expires in 3 months. (Less)
Category: Guarantee or Warranty Issues
Case opened date: 09/22/2008
Case closed date: 09/26/2008
Desired Resolution: I want them to honor their warranty which states "After three service repairs have been completed on an individual product... (More) I want them to honor their warranty which states "After three service repairs have been completed on an individual product and that individual product requires a fourth repair, as determined by us, we will replace it with a product of comparable performance, not to exceed the original purchase price." It further states "One service request number, requiring functional part(s) repair/replacement is the equivalent of one repair).

Therefore, I am seeking to have the tv replaced with one of equal value, and that it also inlude a new, full term 4 year extended warranty that includes the No lemon Policy clause (this clause does not carry over to renewed warranties), with Best Buy being responsible for the cost of that policy. (Less)

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#4 Author of original report

FISRT STEP RESULTS - BETTER BUSINESS BUREAU GETS INVOLVED

AUTHOR: Thegeorgegroup - (U.S.A.)

On the same day that I filed this report with RipoffReport.com, I filed a complaint with the BBB of Minnesota (Best Buy Corporate Home location). Today, I received a statement from the BBB, indicating that they had closed the case, following the response they received from Best Buy. Here was the company's response (by the way, the are a charter member of the BBB)-

Contact Name and Title: Brian Nash
Contact Phone: 612 292 0153
Mr. George was advised by Customer Care on 9/10 that lamp replacements unfortunately do not count toward the No-Lemon benefit of the Performance Service Plan (PSP).

On 9/11 Mr. George emailed the CEO of Best Buy, and I replied on 9/15 on behalf of our CEO explaining that while lamp replacement is covered under his PSP, lamps are considered consumable parts which simply do not count toward No-Lemon per the terms of the PSP.

Unfortunately our position remains unchanged, as do the terms and conditions of Mr. George's PSP. Under that plan, if the television is malfunctioning due to a covered problem, service may be requested on the television. If the problem is a bad lamp, the lamp will be replaced.

I again apologize for any disappointment, as we do value your business.

Sincerely,

Brian Nash
Executive Resolution Team
Best Buy Corporate Headquarters

And, with that response, the BBB closed the case. Next stop will be either the Office for Consumer Affairs (of the Attorney General's office) or Small Claims Court. Any one care to offer a suggestion on what they think I should do next?
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#5 Author of original report

FISRT STEP RESULTS - BETTER BUSINESS BUREAU GETS INVOLVED

AUTHOR: Thegeorgegroup - (U.S.A.)

On the same day that I filed this report with RipoffReport.com, I filed a complaint with the BBB of Minnesota (Best Buy Corporate Home location). Today, I received a statement from the BBB, indicating that they had closed the case, following the response they received from Best Buy. Here was the company's response (by the way, the are a charter member of the BBB)-

Contact Name and Title: Brian Nash
Contact Phone: 612 292 0153
Mr. George was advised by Customer Care on 9/10 that lamp replacements unfortunately do not count toward the No-Lemon benefit of the Performance Service Plan (PSP).

On 9/11 Mr. George emailed the CEO of Best Buy, and I replied on 9/15 on behalf of our CEO explaining that while lamp replacement is covered under his PSP, lamps are considered consumable parts which simply do not count toward No-Lemon per the terms of the PSP.

Unfortunately our position remains unchanged, as do the terms and conditions of Mr. George's PSP. Under that plan, if the television is malfunctioning due to a covered problem, service may be requested on the television. If the problem is a bad lamp, the lamp will be replaced.

I again apologize for any disappointment, as we do value your business.

Sincerely,

Brian Nash
Executive Resolution Team
Best Buy Corporate Headquarters

And, with that response, the BBB closed the case. Next stop will be either the Office for Consumer Affairs (of the Attorney General's office) or Small Claims Court. Any one care to offer a suggestion on what they think I should do next?
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#6 Author of original report

FISRT STEP RESULTS - BETTER BUSINESS BUREAU GETS INVOLVED

AUTHOR: Thegeorgegroup - (U.S.A.)

On the same day that I filed this report with RipoffReport.com, I filed a complaint with the BBB of Minnesota (Best Buy Corporate Home location). Today, I received a statement from the BBB, indicating that they had closed the case, following the response they received from Best Buy. Here was the company's response (by the way, the are a charter member of the BBB)-

Contact Name and Title: Brian Nash
Contact Phone: 612 292 0153
Mr. George was advised by Customer Care on 9/10 that lamp replacements unfortunately do not count toward the No-Lemon benefit of the Performance Service Plan (PSP).

On 9/11 Mr. George emailed the CEO of Best Buy, and I replied on 9/15 on behalf of our CEO explaining that while lamp replacement is covered under his PSP, lamps are considered consumable parts which simply do not count toward No-Lemon per the terms of the PSP.

Unfortunately our position remains unchanged, as do the terms and conditions of Mr. George's PSP. Under that plan, if the television is malfunctioning due to a covered problem, service may be requested on the television. If the problem is a bad lamp, the lamp will be replaced.

I again apologize for any disappointment, as we do value your business.

Sincerely,

Brian Nash
Executive Resolution Team
Best Buy Corporate Headquarters

And, with that response, the BBB closed the case. Next stop will be either the Office for Consumer Affairs (of the Attorney General's office) or Small Claims Court. Any one care to offer a suggestion on what they think I should do next?
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