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. mojo jojo says:

    My Samsung refrigerator broke 4 times in less than a year. You get hung up on after 1hour 40 minutes of hold, told by the service techs it’s Geek Squad’s call on whether or not to replace as lemon, get told by Geek Squad it’s the service tech’s call on whether to replace as lemon, NO ONE will give you their direct line, NO ONE will give you their extension. NO ONE will give you ANY EMAIL as they DO NOT want a record of their HORRIBLE illegal and unprofessional treatment of their customers while they try to delay or frustrate you into submission while selling you a pice of feces. It was THE WORST experience. I took 7 days off work for these fools to come diagnose, then repair… 3 times it broke, the fourth time they came and diagnoses (my seventh day off work) … finally I told them where to shove it, not taking anotehr day off, see you in court, arbitration – give the the phone number and email of your legal department – guess what? NO PHONE< NO EMAIL for LEGAL DEPARTMENT for service of summons, you can ONLY COMMUNICATE BY POSTAL MAIL. Fine, I told them, give me the address of your legal department, cancel my next appointment, I'll see you in arbitration and that's the way we'll play. While composing a demand letter (look it up, plenty of templates) that included mention of this class action… guess what happened? All of a sudden the service tech (who had been to my home 7 times, admitted repeatedly it was a lemon) called me with… ta-daaa: a replacement number.

    I still may put my name into a class action lawyer, 7 days off work, no working fridge for 3 months of the f'ing year. Geek Squad can kiss my arse. If, when I get down there, they don't give me back every cent, plus the money I laid down for the "warranty" (what a joke – warranty my bollocks) they will be seeing me in court.

    Don't take their crap. Cancel their appointments to continue to replace the same part that never fixes the problem (at least in my case – do the same thing, expect different results – the very definition of insanity) and send a f'ing letter to their legal department.

    Here's the address (again, NO EMAIL< NO PHONE, just to make it HARDER for you to get what you purchased):

    LEGAL DEPARTMENT
    ATTN: SERVICE AND SUPPORT
    7601 PENN AVE SOUTH
    RICHFIELD, MN 55423

    EFF THESE ARSEHOLES! I'll never shop there again.

  2. Gary Green says:

    My Sony UHD 4K, 3D, Smart TV has not worked correctly for 10 months. I have a 5 year Geek Squad Protection Plan that expires in March 2021. Geek Squad won’t fix the problems. I also have a Sony, 4K, 3D smart blu ray player with a geek squad protection plan that expires in February 2022. The Blu ray also does not work correctly. I NEED PROFESSIONAL HELP. Gary Green (321) 773-4848.

  3. James L says:

    I purchased a new mobile phone from Best Buy in Nov 2017 and a 2 yr protection plan for another $49.99 that was supposed to cover everything. Now less than 6 month in the phone does not work. I was told to bring the phone into BB and have geek squad look at the phone. They verified that no damages were present and was told to take the phone home and a box would be sent out. A couple of days later I received an email stating that Geek Squad was going to be unable to fulfill my contract and offered me a Best Buy card for the price of the phone. Not for Taxes or the price paid for the Geek Squad protection plan.

    After several calls (over 1-2 hrs on the phone) and getting transferred to multiple agents was finally able to talk with someone in the Philippines who would prorate the Geek Squad plan but now would not refund the price of the phone or taxes paid on the phone (they said there was no tax on the Geek Squad plan).

    BB misrepresents the geek squad insurance coverage that they sell. Geek Squad to most consumers is a waste of time.

  4. Rhonda McCormick says:

    I purchased plan. Sales person stated it covered all damages even if mother nature put a whole in my roof or threw my window and damaged my tv if it couldn’t be repaired i would receive equivalent to what i paid to go towards another tv. Low and behold tv falls of armoir in bedroom during moving it out and gets damaged. They Say It doesn’t cover damages.

    1. Staci Humble says:

      Im currently having the same issue. Was told when i purchased my tv from best buy in cranberry that the 5 year plan covered accidental. Called the store and they said the same thing even the manager!! Geek Squad said nope and now i have a broken tv and no help. However! Reached out to the corporate office and may file a lawsuit against them. Horrible place to shop

  5. Gary Green says:

    My Sony UHD 4K, 3D, Smart TV has not worked correctly for 10 months. I have a 5 year Geek Squad Protection Plan that expires in March 2021. Geek Squad won’t fix the problems. I also have a Sony, 4K, 3D smart blu ray player with a geek squad protection plan that expires in February 2022. The Blu ray also does not work correctly. I NEED PROFESSIONAL HELP. Gary Green (321) 773-4848.

  6. Gary Green says:

    I have the same issue with a Sony 65″, 4K, Smart 3D TV.
    If there is a lawyer or person that can help me with my 5 year Geek Squad extended warrant that Best buy won’t honor. Please contact me at groovybabygo@hotmail.com or 321-773-4848.

    Gary Green

    1. ASHLEY MURRAY says:

      Has anyone contacted you? Curious because for the last year I’ve paid for a useless mobile protection plan and have for the last 48hrs been given the runaround, endless transfers to extensions that are no longer in service, etc to be told the same thing-its utterly useless.

  7. William says:

    Is it possible to file a class action lawsuit against GeekSquad for False Advertising. I have been paying for my Samsung Galaxy S8 warranty under GEEK SQUAD PROTECTION TOTAL PLAN – FOR WIRELESS. I have paid for 9 months currently and my phone was damaged accidentally and ended up with only a cracked screen. This should be covered under the accidental damage section of the warranty, however the proponents that have written the warranty have deliberately left out the repair section for accidental damage and propose that the claim will be covered under a “replacement” product if the product needs to be replaced. However this comes with a deductible with respect to the original cost of the phone, which is my case is 200$ for the replacement phone. The part that I believe is false advertising, since it is not explicitly stated anywhere in the contract, is the “policy” they have when you try to do a claim for a repair. The same deductible is charged regardless if your phone is replaced with a refurbished phone or repaired for something as simple as a cracked screen. This is contrary to the actual point of the warranty as it would cost 250$ to fix the phone using a third party electronics company. But due to paying for the warranty monthly I will be actually paying more to fix my phone under the warranty than if I never got the warranty. It seems like deliberate misrepresentation to gain customers and increase profits and bullying customers into accepting their verbal policy that is not stated in the contract that we are binded by.

    1. Dylan McCreary says:

      I have the exact same problem. My device just failed, completely spontaneously, after a year – the screen stopped displaying. They required I replace it, at a $150 deductible (which is about the total discounted price of the phone when I got it). The replacement was faulty within the guaranteed 30 day period, so the replaced that, but the new replacement just spontaneously stopped working and it is after that 30 day period. So they sent me another lemon and I am screwed again. The advertisement for the plan made it seem as if it would involve repair if possible, and did not make the high deductible clear.

    2. ASHLEY MURRAY says:

      Same exact situation. I would live nothing more than to disseminate their entire GEEK SQUAD PINZI SCHEME BUSINESS!

      Any information would be helpful. I have receipts, screen shots and currently according to them “recorded customer service calls” (at least until they dispose of them)…..

  8. Gloria Perez-Sandoval says:

    The story repeats again. BB misrepresent the geek squad insurance coverage that they sell. They faiedl to inform the customer that the Geek Squad insurance is for software repair only NOT hard drive. They do not give you a copy in writing of what it is supposed to cover.

  9. Lillian Wong says:

    I has worse experience when i bought laptop and not even a month and my hard drive was defective and when I turned on the laptop it was black screen and nothing showed. I brought it back and geek squad gave me the run around. It took months to fixed and I got charged extra when it was less than a month when the laptop died on me. Please included me.

  10. Francell P Moore Jr says:

    Please add me. When their ‘fix’ didn’t work and I took my computer back to them they charged me for labor!

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