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July 26, 2012 / Corina Valderrama

Best Buy Sued Over Deceptive and Misleading Cell Phone Protection Plan

Best Buy customers have filed a class action consumer fraud lawsuit claiming the retailer’s cell phone protection plan conceals contract terms about replacing a damaged phone with a new device, and   deceptively advertises that subscribers of its warranty plan will get “new” phones, when in reality they will get “refurbished” phones.

Primary plaintiff Debra Wanless signed up for the Geek Squad “Black Tie Protection Plan,” offered through Best Buy, which promises to furnish a new phone if the old phone is damaged beyond repair, including if the damage is caused by accident. The protection plan cost $14.99 a month for two years and was touted by the Best Buy employee as “the best insurance one could buy for a mobile phone.” Wanless says she bought the phone specifically from Best Buy because of the protection plan and was told that all she needed to do was bring in the broken phone and Best Buy would hand her a new phone.

However, after almost a year and a half, and $254 in coverage payments, Wanless accidentally dropped her iPhone and shattered its case.  When she brought in the damaged phone to Best Buy and asked for a new one, she was told for the first time that she would get a refurbished phone. She would also have to wait to receive her refurbished phone until Apple received the damaged phone.

Additionally, Best Buy made no guarantees concerning the quality of the refurbished phones. They were unable or unwilling to provide her information regarding the history, prior damage, and/or repairs to the refurbished phone and merely stated that “refurbished phones were good phones.”

If you or someone you know has been subject to unfair or deceptive business practices, please contact Khorrami, LLP for a consultation.



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