Anne Bucher  |  November 2, 2017

Category: Consumer News

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best-buy-logoBest Buy Stores has been hit with a class action lawsuit alleging the company does not honor its Geek Squad Protection Plans as full warranties.

Plaintiff Nola Touche of Alachua, Fla., filed the Best Buy class action lawsuit on Oct. 19 in Florida federal court. She says she purchased a Samsung television from a Best Buy store on or around Dec. 1, 2012. At the time of the purchase, she also purchased a five-year Geek Squad Protection Plan for $239.99 to provide warranty coverage for the television.

According to the Best Buy class action lawsuit, Geek Squad Protection Plans are sold by Best Buy for coverage of consumer products. Touche says that Best Buy represents to consumers that the Geek Squad plans are warranties but fails to conspicuously state that the Geek Squad plan only provides a “limited” warranty.

Touche argues that the Geek Squad plans are full warranties under federal law. She says the Geek Squad Protection Plans provide coverage for defects, protect against “lemons,” and claim ownership of replaced defective parts.

Touche says the Geek Squad Protection Plans are warranties under the federal Magnuson-Moss Warranty Act because “they provide seamless and almost identical coverage as the manufacturer warranty, stating: ‘After the manufacturer’s warranty expires, this Plan continues to provide the benefits provided by the manufacturer’s warranty (excluding manufacturer’s loaner programs), as well as certain additional benefits as listed within these terms and conditions.’”

According to the Geek Squad Protection Plan class action lawsuit, Best Buy fails to honor its Geek Squad plans as full warranties.

In October 2017, Touche says her Samsung television failed while covered under the five-year Geek Squad warranty. She contacted Best Buy, which sent a representative to her home to diagnose the problem. Best Buy ordered a new part and attempted to install it, but the attempted repair did not fix Touche’s television, the Geek Squad class action lawsuit alleges.

The Best Buy class action lawsuit alleges Best Buy uses its Geek Squad Protection Plan to elect what type of remedy a consumer receives if the consumer’s product cannot be repaired.

“As a result of Best Buy’s unlawful conduct, Plaintiff suffers injury with a failed television and inadequate means to fully assess and/or enforce her rights under the [Geek Squad Protection Plan] and the Federal Minimum Standards for warranties,” the Best Buy Geek Squad class action lawsuit says.

Touche filed the Best Buy class action lawsuit on behalf of herself and a proposed Class of consumers who purchased a Geek Squad Protection Plan from Best Buy since October 2012.

The Best Buy Geek Squad class action lawsuit is seeking injunctive relief, compensatory damages, attorneys’ fees and costs, and other relief the court deems proper.

Touche has asked a judge to order Best Buy to engage in a corrective action to comply with federal warranty laws and ensure that its warranty terms are clearly and conspicuously labeled in its Geek Squad Protection Plans.

Touche is represented by attorney Simone Chriss.

The Best Buy Geek Squad Protection Plan Class Action Lawsuit is Nola Touche v. Best Buy Stores LP (d/b/a Best Buy, Geek Squad and Magnolia Home Theater), Case No. 1:17-cv-00259-RH-GRH, in the U.S. District Court for the Northern District of Florida.

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101 thoughts onBest Buy Class Action Says Co. Fails to Honor Geek Squad Plans as Full Warranties

  1. Lana Kay Mitchell-Cox says:

    am a 75-year-old handicapped woman who has purchased all the electronic items I needed since at least 2002. Prior to that, I had bought for several years prior.  Most of the laptops cost over $1000.  I have ordered TVs, internet items and accessories.  I have always said I would do business with best buy due to the quality of the items and contact with staff (who were very helpful).  I have also been a totaltech member during this time.
    I have noticed in the last few months the store #0112 on Calle Santa Cruz has gone downhill, not providing enough employees to assist customers.  The average wait is 1/2 hr. or more.  When I found store help. it seemed they did not know how to do their job.  Some were very knowledgeable and others were over their head.  I went in to buy a laptop again over $1000.  I talked with the clerk asking for the open box laptop that she quoted as a $600 HP.  The girl went to get it and I waited.  After approximately 20 minutes, she delivered it to the area so I could pay for it.  She said, “I had a hard time finding it.”  She left to go back to her area.  The clerk left to go to her area.  When the cashier rang up the purchase and told me how much it was, I was in shock.  I went home to Green Valley and talked to my husband about it.  The next few days, I was ill and tried to call in, but the phone system is horrible to deal with.  It seemed like the message was you can wait and you are not important enough to get individual help.  I spoke to someone who appeared to be very kind and was willing to listen to the problems I had in the store.  
    2/2/2023  I took in a laptop for repair purchased 11/24/20 Service Order 0112-338220415.  I had the laptop balanced on my lap and it dropped on the floor.  I got an email telling me I could track, the item on line.  I kept checking and saw where it was delivered to the local store.  2/3/23  I spoke with the chatbot and a live agent which was ineffective.2/3/23  I was told my laptop could not be repaired due to an infestation.  I was appalled.  We have tile floors, take trash out daily and have an extremely clean home.  The Geek Squad manager spoke with the person who checked the laptop and reported that it was true.
    1.  I asked where are the pictures to show me proof ?  I was told there are none.2.  I questioned if the infestation could; have occurred in transit.  I was told no.3.  I asked if we could go outside out back and open it to show me.   No they couldn’t do that.4.  I have to ask about how many units are processed in one day and could the repair person be remembering another computer?5.  I never received any phone calls or email about the situation, or when it arrived in Tucson.  6.  I was told to sign in several places so “You can take your computer home.”  I DO NOT AGREE repairs were  performed in a manner satisfactory to me.”  7.  I do not remember any warranty saying an infested item would not be repaired.
    I feel like this was an arbitrary decision on the part of your agent who represents Best Buy and involves a breach of contract.  All I want is my laptop fixed,

  2. Jamie Lastra says:

    I purchased a new MacBook pro M1 chip version from Bestbuy in Flushing and the screen stopped working, was defective and they blamed me. My laptop never left my desk but screen began to show an under the glass crack

  3. amy branch says:

    I bought a Vizio smart TV and noticed during delivery the driver was down the street for a long time. Then a few nights after watch TV I noticed the tv was hacked. You could see someone moving a cursor like when an administrator is fixing a computer. I got up, turned it off and then on. All I did was touch my TV and now it won’t work. The screen is messed up and I have a warranty and the geek squad representatives are playing games. Even online trying to get help no one will assist me. Being that where I live I’m dealing with identity theft and hacking, I’m wondering if they are ignoring me purposely because someone possibly did a scam. Idk but I know I want something out of this. I’ll never buy nothing else from them.

  4. Corey L Askew says:

    I have 49′ Toshiba tv that stopped working and best buy refuses to repair or replace it due to the size of it and using the covid19 as the reason why they can’t because they need a Geek Squad rep to come to my house to repair the tv if the tv is over 42′ inches so it’s because of the stay at home order in Michigan why they can’t repair or replace my tv when i asked what is my options they said we can give u reimbursement if u pay to get it fix somewhere else which definitely defeats the purpose of extended warranty if u have to kick out money and wait almost 4 weeks to get a check for the repairs i explained that i would bring the tv but they said no because we can’t risk contamination from the tv but u can risk it from a tv 7 inches smaller so i feel smaller tv means less money to fix and using the pandemic is the geek squad escape plan from honoring extended warranty they sold to customers in good faith they would protect their purchase so imagine how many 5 year warranties they sold to ppl and they aren’t honoring but have profited from 5 years of not doing or spending a dime to earn that revenue seems like best buy is selling best lies to me

  5. mojo jojo says:

    It would be funny to take a can of that high expansion foam sealant, the kind that expands exponentially and dries very hard, you know, the kind of can of foam that you use to fill cracks in construction, with that extension wand etc, and of course make sure you are in a hoodie with sunglasses, and stick that can in your hoodie pocket and cut a small hole in the pocket for the wand to stick out of, and just walk around the store sticking that wand in a whole bunch of their property – the most expensive kinds you can find, and you know what? that there small thin wand of the can of expansion foam will slip in a crack in boxes of brand new computers, LCD screens, just about any expensive piece of THEIR property that THEY own, you know, right? and just a short burst from that hidden can of expanding foam with the wand sticking out of the cut hoodie front pocket into the box of Best Buy’s expensive property…. the amount of expansion in that stuff is amazing… it would ruin THOUSANDS of dollars of THEIR property that THEY would have to claim to THEIR insurers, and it sure would be funny if THEIR insurers gave THEM the exact same phone run-around, perpetual hold, no email address, no phone number or extension, no last name to get back to, if they refused to pay BEST BUY’s claims.. now I’m not advocating that anyone do this, because it would be illegal (just like their behavior) … but it sure as hell would be funny and give one a sense of satisfaction. Especially if your buddy filmed it and put it on social media to make it a viral thing for all the people Best Buy/Geek Squad RIPS OFF with their falsely advertised “extended warranties” to do… yeah, that would be extremely funny, but don’t do it, it would be as illegal as their behavior. Cough cough.

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