Freaky Saying of the DAY!!

 


If you have a complaint  against the Better Business Bureau....who do you tell??   

-Unknown

 

     

 

KickAssGear

Microsoft

ColdCPU

NVIDIA

PCNUT

ABIT

AMD

3dfx

 

 


 

8.02.02 -Steve
To all of you people who "PayPal'd me a beer" by sending a PalPay donation to steve@hardocp.com I just want to say I am totally blown away by your support and generosity. I certainly appreciate the sentiment and whoever came up with the idea, it certainly made my day.


To contact me, use:

steve@hardocp.com 

 

Here's a strange one... we found an Advertisement at BestBuy.com yesterday that proclaimed "VisionTek GeForce4 Ti4600 for Special Pre-Order Price of $129.00..the savings is a $200.00 Value". Normally a "typo" or mistake would be something to the effect of a misplaced decimal point or an accidental wrong price. It usually doesn't consist of adding terms like Special Pre-Order Price and savings is a $200.00 Value, ( since it sounds reasonable $129.00 + $200.00 savings for a card announced that day with no real set price yet ) all over the advertisement. So we did the right thing and CALLED. BestBuy.com confirmed the price of $129.00 twice, at which time they gave us the $200.00 value / saving quotes. After a whole day of ordering, they reneged on the deal and cancelled all orders. The money has yet to be refunded. I have made a sign-up page for all of you that placed orders with Best Buy so that we may get as many people taken care of as possible. I have been in contact with them all day....


 

Enter your name, e-mail address and confirmation / order number

BESTBUY.com GeForce4

2000+ confirmed orders / customers effected, many with multiple cards ordered on the list so far

To contact me, use:

steve@hardocp.com 


**CURRENT UPDATES**


An Attorney -Steve
I will be forwarding all the names and confirmation numbers I have to an Attorney in Minnesota who will be exploring Class Action status for this case. Everyone will be contacted with information of this case can be granted class action status. Keep our fingers crossed. Once this is given status and the attorneys take over, that will effectively remove me from the case ( since I have never been one of the people that ordered a card ) except to provide the evidence I have to the attorney. That means YOU GUYS will be the ones that will have to KEEP ME updated for a change!!!


Fri 07.26.02 -Steve
The Texas Attorney Generals Office is actively involved in the case now, If you are from Texas and ordered your card from Texas, you need to contact the Attorney Generals Office and make sure your complaint is heard. While this case is starting to really drag out right now, the good part is that even if no one else gets the card they ordered, we have had 171 people receive their cards and national press given to this issue which has got to hit companies like Best Buy where it hurts. Thinking about it logically, they will think twice about doing this in the future if each time they pulled this type of scam it cost them ( 171 x $279 = $47,709.00 and the $30 Gift certificates 2000 x $30 = $60,000.00 ) a large amount of money, plus the headaches and hassles of the legal fees they have paid to answer all the charges from the Attorney Generals Offices, as well as the personal claims against them. Over all, it has been the consumer that has shown Best Buy the power we wield as consumers. We are still fighting too.


Mon 06.24.02 -Steve
Of all the sneaky underhanded legal tricks I have ever seen, this is probably the most terrible I have seen yet. For the people who decided to take matters into their own hands and file a small claim against Best Buy in their home State ( in which Best Buy is doing business ) Best Buy is requesting that the Court grant an Order allowing this case to be transferred from Small Claims Court to District Court, so that the case would not be heard in the Plaintiffs ( you, the customer ) home State where they purchased the card,
INSTEAD....they are trying to get the cases removed from Small Claims Court (  where they have no access to a lawyer ) to District Court in Minnesota, which means the plaintiff would have to hire an Attorney in Minnesota and then fly there with their Attorney to have their case heard. 

Best Buy asserts the Small Claims Court is respectfully not the proper forum to hear this case. This case is more complicated than it appears on its face and the defendants are entitled to legal representation to defend this matter. The plaintiff appears to be making a breach of contract claim against the defendant for damages allegedly incurred as the result of the pricing error on defendant’s website; however, the true nature and extent of the plaintiff’s claims against defendant are unknown. Breach of contract theories are varied and complicated in nature. If forced to proceed, defendant will be at a double disadvantage due to the fact that it does not have an adequate representative in the State of Washington to testify to these matters, and due to the fact that defendant should be entitled to legal representation when having to defend the contract claims asserted by the plaintiff. The defendant is entitled to litigate the issues presented and raise certain legal defenses that they will be unable to do in Small Claims Court because they cannot be represented by an attorney.

I am posting the full court document here, as well as sending out requests to every media outlet I know of, and sending out a call to all Attorneys whom would be interested in taking this case on our behalf in a Class Action case. I am also forwarding this to every media outlet and Attorney General involved. I am asking that all of you do the same....take two minutes and send this link to all the major networks, popular news sites ( slashdot / news.com / CNN / MSNBC ) I am also forwarding a link to every attorney that has ever contacted us and offered support, please do the same.

We have them on the ropes HARD right now, and they are squirming, we need to act together and show them the power that we hold as consumers that are banded together.

I don't think that Best Buy has thought of the ramifications of EVERYONE filing a Small Claims Court case. Admittedly, if all 2000 people filed a claim, and these same tactics were employed by Best Buy, the cost would be a thousand times greater than if they had simply honored the deal. Strange tactics on the part of Best Buy here, because anyone with the $30 filing fee could cost Best Buy thousands in legal fees each time they had to go to this extent to avoid honoring this deal.

READ THE COURT DOCUMENT HERE


Great News -Steve
Although things will have slowed down as far as updates go, because we are waiting on the SLOW wheels of the legal system to turn, I have received confirmation from one Attorney Generals office that Best Buy has nowhere to turn at this point and have exhausted all the "legal excuses" after admitting in writing that they are in fact one company ( not the several as they claimed ) and that they had prior knowledge of Best Buy employees breaking "so-called" company policy and discriminately offering the deal to hundreds while refusing the deal to others.

These are excerpts from the letters from Best Buys council admitting to the allegations ( inadvertently ), this is the best line of defense they could come up with. The proof we have poke so many holes in their story it isn't even funny.


( four pages total )

The story NOW after being confronted with the actual advertisements ( which they thought no one saved ) is that they were mistaken on some of the circumstances in the above letter which made them again make erroneous statements. Heh...


Sat 06.08.02 -Steve
We have hit a slow spot in the case, waiting on response from the Attorney General as well as trying to rally together representation for a class action against Best Buy. This is the part where many people might lose interest in the case because we will be at the mercy of the "SYSTEM". The only updates we will have will depend on how fast the process takes place. That is EXACTLY why this has been kept as a "last resort".

I still get receipts in proving people are getting their cards, etc. But since they have now made a formal statement saying that they are not going to honor any price matching, there isn't a point in posting receipts any more. 

Yes, we saw the article posted that shows that Best Buy and BestBuy.com are now sharing your information with other people and companies, and the fact that they ARE ONE COMPANY , and not separate entities regardless of what lies they have told us over the last few months.


Mon 05.22.02 -Steve

I haven't posted any more receipts since apparently they are shutting everyone down now at the store level, so...I think it's time to e-mail Mr. Gary Sodikoff and get the class action suit rolling. You can e-mail Mr. Sodikoff there and let's show him how many people are interested in taking this all the way. Cool??

And yes...they are still honoring rainchecks too.


Mon 05.13.02 -Steve

I have received 13 more e-mail from people who have gotten their cards over the last week. I have at least three sets of receipts on the way to post as well. The ratio right now seems about 50 / 50 for the people getting the cards and the people not.

I have reports from Best Buy Employees themselves saying they are being pressured hard to avoid all questions concerning the matter, and simply refer you to "Corporate HQ" where you can get the run around for years. The whole objective is to "Get you out of the store". 

Once they quit giving out cards at the stores, we will pursue our legal route and get an attorney involved to seek class action status, we have always held this out as a last resort, so we will wait until we have exhausted all other avenues. I am expecting word from the Attorney Generals office on Wednesday. I'll let you know how that front is coming as well.


More News -Steve
In the same vein as the last post, this one is about Best Buys employees coming together to help make Best Buy do the right thing. I have documents on the way that supposedly outline what to say and do to get rid of a customer asking for the priced to be honored. I have my hands on the memo from Corporate that, whether Best Buy knows it or not, is proof that they are AWARE of the problem, and are refusing to fix it. Read:

what this says is that they are aware that people are getting the cards, but no matter what...everyone isn't entitled to it...just charge them the full price. Best Buy is about to get a serious lesson in treating their employees good. Since I started this whole thing, I have received hundreds of letters from BB Employees who have been treated terrible themselves by BB and are willing to help us get our hands on the documentation needed to win in court.

I am astounded that Best Buy has never once contacted me in an attempt at a dispute resolution. A total SLAP in the customers face...they feel they do not need to communicate or attempt to respond in any way shape or form, they act as though they are beyond reproach. We will see if they attempt to contact me this coming week.


More News -Steve
The more publicity this gets, the more Best Buy employees that come out and are willing to help the cause. I got this letter from an employee of best who has been with the company for years.

Steve,
Hello, I am an employee of Best Buy, and have been for over 5 years now. I would first like to thank you for what you are doing. While I did not order a card myself, I can see the importance of Best Buy following through with an advertised price. 

A couple company policies that you might not be aware of.

1) Best Buy, and Best Buy.com are the same company. The stores are the brick n mortar of the dot com enterprise.

2) All Best Buy stores are to price match any advertised price as long as they can verify that the other company has the product in stock. This includes Best Buy.com

3) Best Buy does in fact brake their stores up into different regions, and districts. Each having different pricing schemes.

The unfortunate truth is, that many times store managers will break company policy. Many times stating that it is at their digression whether or not they would like to honor a price. I would like to apologize to you, and anyone out there that attempted to order the product from us. This has been a terrible mistake on Best Buys part, and how we have handled it is even worse. I can only hope that we as a company will change our stance on this, and get cards to the people that attempted to order the product via Best Buy.com. Believe it or not, Best Buy does realize that customer's are one of the most important aspects of their Business, Employees being the other. Without you, myself and thousands of others would not have a job. I hope that this incident will not lose you, and many like you that are valued customer's.

Thanks


Tue 04.30.02 -Steve
What would a new week be like without new receipts?? I wanted to let everyone know, that not ALL receipts make it to the page here because of individual requests NOT to publish their receipts. Each receipt posted is numbered though, giving you an idea on where we stand. The total number of people to have received their cards to date is 157. although that is a lot of people...it is a far cry from the total of 2000+ people who ordered. 

Here is our latest receipt. 


Legal Update -Steve
I am in the process of contacting Gary Sodikoff (
feel free to e-mail Mr. Sodikoff and let him know of this page), the attorney who handled the Buy.com fiasco. If this case dead ends, and we are not able to get each and every person that ORIGINALLY ordered this card the original price, we have the option of a class action lawsuit. I have logged HUNDREDS of hours on this case, and the only way to get me off their back is to compensate you guys....period. If they are unwilling to deal with all 2000 orders, they open themselves to Class Action that involves not only the original 2000 but EVERY PERSON who purchased this card and is entitled to that price. To this day....Best Buy has NEVER once contacted me, not once. A class action suit will not only make Best Buy accountable financially, it will become a matter of public record and a huge publicity nightmare.

Remember, even as a "last ditch effort" we do the class action route, and they have to pay every single person a small amount $50 ( as in the Buy.com ) that is still a $100,000.00 message, not including the hundreds of cards already honored, to Best Buy to straighten their act up. In the case of Kodak, they decided to honor the original deal, save face and win over their customers. 

So...to reiterate, the only way this is going to "go away" and this page be taken down...is when everyone is fairly compensated or we use our last efforts in a class action effort, and we win a judgment for you guys.


Weekend -Steve
This poses a very interesting dilemma...what if you got sick of waiting and went ahead and bought the GeForce4 at the higher price?? Are you entitled to a refund?? You may very well be...this gentleman took his receipt into the store where he purchased it and wanted to know WHY other people were getting the deal when he was denied and charge $399.99...armed with the receipts and paper work, this is what happened.

 


Tue 04.23.02 -Steve
Best Buy has stooped to an all time low. It seems that if you live in Dekalb County Georgia and you take these receipts in asking why you did not get your video card while hundreds of other people are, they will HAVE YOU ARRESTED. Abraham Cherian went into the store to ask why he was not given the card while others were....he showed the receipts...they made him stand out front while they hid in the back calling the police. Abraham has suffered the humiliation of being arrested because Best Buy says they have RED FLAGGED these receipts. Here is a faxed copy of the arrest document:

Upon my arrival, I spoke with complainant Rod Hill (General Manager) who stated that unknown indian male came in the store with a website generated receipt to purchase a $399 item for the price of $129.99. Mr. Hill advised that the computer generated receipt was false because BestBuy.com receipt for the GeForce4 Ti 4600 is on the internet for price of $399, and has been never listed for $129.99. Mr. Hill also stated that 5 other people have come in with these same receipts for 129.99 and it has been placed in BestBuy system as a red flag.

This is the SAME STORE Managed by Mr. Rod Hill that gave out a pricematch just 10 days earlier. Now they are ARRESTING people for asking why they are being selectively turned down, while others get the original price. The store in Tucker, GA is not only discriminating against people, they are now having people arrested. 

I have attempted to call Mr. Hill all morning to ask what criteria must be met to actually have the original price honored. Do you have to be Male? Female? Black? White? Does it matter that the first person to get the correct price at this very same store was a White Male, and the person turned away today happened to be dark skinned of Indian Nationality?? Well, we won't know, because if you go into the store to ask...you will be ARRESTED.

Of course once this was explained to the Detective, no charges were filed and the police believe this is a stunt by Best Buy to "make an example" out of Mr. Cherian. 

I am sending this to the Attorney Generals Offices involved as well as to as MANY News and Media outlets as possible, please do the same. Please take the time to link this story and send it to CNN or USA Today who ran a story about Best Buy your favorite news agency, maybe now, with all our voices behind this...we might get the mainstream media to take notice.


Touching Letters -Steve
I receive a lot of very nice letters concerning this whole issue, as well as one or two "hate letters". As all of you know, I do not have one of these cards ordered, this is all about you guys and taking a stand for you. I do this because it means a lot to me to see you guys treated right, and to hopefully change the way retailer conduct business in the future. These two letter made me feel pretty damn good today and the second one makes a great point about not giving up on this.

This is just to let you know that I really appreciate what you have done for me, and for all the people that are hoping to get the cards the ordered. I know you have worked on this tirelessly for the last two months straight, and the result is all these people who are getting their cards, and the lesson that Best Buy is learning about the "little guy" having a voice through you. All this time you have looked out for us, for free, out of the goodness of your heart.

The point is, none of this would be possible without you and the work you are doing, so I thought it would be nice to show my appreciation by sending you $10 to STEVE@HARDOCP.COM via PayPal, it's the least I can do since you helped me get the videocard I ordered.

My deepest thanks to you and your family.  Mario

I also received this from the gentleman whom sent me the receipt I posted today ( see below )

I don't know how to thank you enough for what you're doing for all of us involved. Thank you! God bless you!

1st attempt: 2 weeks ago on my first attempt I went to best buy with 1 witness and i only had a copy of the confirmation from bestbuy.com with me. I was told that they don't match prices especially the prices of such amounts $400/$130.

2nd attempt: Last week when I saw that people were still getting the cards even on 04/17/02, I did what you suggested and made copies of 13 receipts + a copy of the one that proves that best buy/best buy.com are not 'Separate Entities' just in case. Then I went to best buy with 2 witnesses, at the customer service counter I gave the guy the confirmation notice + the 13 receipts and asked if they'll price match. The guy took the papers to the manager/supervisor and they looked through all of them. It was like having 13 lawyers with me, those 13 receipts were very damaging. They got knocked out cold. Nobody said anything to me, why, when, how, no, yes, maybe, what, not a word, dead silence. The moment I knew I was gonna get the card is when the guy came back and took out the receipt papers and started filling and said nothing until asked for the money.

My suggestion to the others is, don't give up. Again, thanks for your efforts, Lucian.


Mon 04.22.02 -Steve
I think that Best Buy has seriously underestimated us, something that will prove very costly to them in the very near future. I have several recordings both audio and video of Managers outright lying and claiming that Best Buy and BestBuy.com are totally separate businesses. We have them admitting that other stores are breaking company policy. We have them admitting that they charge different prices to different people according to where you live. And we have them admitting that they routinely charge FAR LESS on their websites than they do in their stores. I am forwarding these to the Attorney Generals Office this morning to help strengthen our case against them

Here is a current receipt of another person getting their card. The person that sent me this also sent along a very nice letter I posted above.


Weekend Information -Steve
Here are people who have applied the very same techniques, they were calm and cool and also brought a witness in most cases to stand back and either watch or record the treatment you received. I have one person who took a small pocket tape recorder in and left it in his shirt pocket recording while the manager lied through his teeth. Good stuff...we are doing great on our own here guys....even with the AG's office in our corner, every little bit helps.

         

I am telling you guys...head into the local Best Buy and get your card. PROTECT yourself by bring a witness, or record the incident. ARM yourself by printing out this info. And REFUSE to be bullied by these people.


Fri 04-19-02 -Steve
Along with the people I have working on the inside to get me that memo sent out to all Best Buy store telling them to NOT honor the deal, I have some more videotape evidence. This time I have a female manager who out right LIES on the videotape. While we are on the topic of lies, one of the most common that is being used by managers across the country to deny people their cards is this one "Best Buy and BestBuy.com are two separate entities". I am telling you right now, print out the receipts, and copies of the store shelf stickers and your confirmation / cancellation notice...demand your card and to know why you are being discriminated against ( other people are getting their cards, why not you?? ) When they try that "Separate Entities" crap on you....show them this, and ask them why BOTH companies are listed at the same address and phone number under the same business name. Remember, take a friends as a witness.


Best Buy Insiders -Steve
As we all know, 90% of all the people under the management level at Best Buy are hard working, decent people like you and me....a stark contrast to the "powers that be" at Best Buy. Well, that just might be what really unravels this whole case. I have three different Best Buy employees working on getting me that memo they sent out to all the stores telling them to deny your claims. Not that it matters legally...we already have a great case, I just want to be able to show you how far Best Buy is going to put the screws to everyone. 

Best Buy hasn't learned the old saying "You are only as strong as the weakest link in your chain". They should really think about the employees that they have stomped on as well, who are decent folks, trying to make a living....who know how bad you guys are getting stomped on.


More Cards -Steve
This time they are handing them out TWO at a time, honoring the original deal they offered. Remember folks this just help your cause. I know some of you are stuck in areas with only one Best Buy and they are giving you one of 20 patented lame excuses ( we are separate entities / it's been more than 30 days / we don't price match web sites / those receipts are fake / this is an elaborate hoax / etc. ) Don't worry...we got them on the run. They are even trying to stonewall the AG's offices by not responding in the allotted 10 days. This will all play out good for us when Best Buy needs to explain how some people can get TWO cards over 60 days after the initial deal...but others can get nothing but ACCUSED of lying. Interesting.


Monday 04-15-02 -Steve
Here are the promised receipts.

    

Personally, I feel pretty good knowing so many people have gotten their cards through our continued efforts. Once the Attorney General's stuff kicks in, everyone will get their cards. ALSO, remember....the WORST CASE SCENARIO is that I contact our friend ( the attorney who handled the Buy.com fiasco ) for a Class Action Lawsuit resolution. So just remember, it us US who have the options on our side, not them. Their only option is DEFENSE. 


Discrimination -Steve
While the wheels of justice turn slow, everyday people are still getting their cards. I have heard from two people so far that Best Buy is now instructing their stores to turn people away. The thing that keeps running through my head is this:

<from Dictionary.com> Treatment or consideration based on class or category rather than individual merit; partiality or prejudice: racial discrimination; discrimination against foreigners. 

What makes you eligible for the video card?? What qualities did these other people possess that allowed them to get the card and not you?? If it is a store by store decision ( as I am sure they will claim ) then that means Best Buy has no uniform standards against discrimination. They allow any store to handle these situations on a case by case basis, when ALL people are entitled to the same treatment. If they sold the card to one person, then they must sell it to everyone at that price. 


More Attorney General Stuff -Steve
I bet that Best Buy is really wishing I'd have just went away... this letter is just in from another Attorney Generals office this one outlining the fact that people have gotten the card now at the advertised price of $129.00. Interesting stuff...Best Buy has 10 days to reply to this letter. I wonder what they are going to say...that NO ONE got the cards?? Heh...good thing we have proof to the contrary.

And while we are at it....more people getting their cards for the original advertised price of $129.99. This time around, the Manager was immediately spouting excuse after excuse and then when presented with the evidence ( receipts from here ) they honored the original deal.


Weekend -Steve
I have NO IDEA why I did not think of this before, but Scott Crawford sent me this idea, and I am asking EVERYONE to do this. Listen up:

Go to your local Best Buy with your printed receipts, bring a witness if possible, but whatever EXCUSE they give you for NOT honoring the deal...ask for it in writing!!! Ask the manager to write down the reason for denying it, and sign it.

Scott Crawford did this, and it made the manager write his reason down on his copied receipt. This will do VERY well when it is presented to the Attorney Generals offices when they deny your claims for the countless stupid reason they are denying them...all the while other stores are honoring the deals. Great idea!!!!


Fri 04-05-02 -Steve
We can add one more Attorney General to the list, here is the context of the actual letter received today. 


More Receipts -Steve
Well, here it is, April 3rd and people are still getting cards at their local Best Buy. It seems like there is a pretty good amount of people getting cards this way. Here is the latest in the long line of people who have gotten their video card, while the rest of you have gotten nothing.

I would seriously push the issue at your local store with copies of these receipts, and make sure to take a witness too. Best Buy is folding like a house of cards, it's just a matter of time now before they really crumble on this...in the meantime, people are still getting their cards, which makes me happy.


No April Fools -Steve
Still more people are printing out these receipts and going to the stores and demanding they get their cards. I have seen most people say that they had best luck when they took friends as witnesses ( Best Buy apparently likes to treat people very bad in person ). One reader even had a friend bring a video camera and stand off to the side and videotape how he was treated by Best Buy when he asked them to honor a raincheck THEY gave him. Remember, always protect yourselves like he did.
  

We are doing very well though, and I suggest that everyone who is willing...take copies of these receipts, pay attention to the store numbers and receipt numbers, have a friends come with you ( even stand off to the side away from you and record it even ) as a witness and ask why you are not able to get your card too. 

I have one person who was screamed at by a manager and then barred from the store for asking them to fill their raincheck they gave him, actually sent me a videotape of the incident. He too had a friend go with him and record the whole event acting like another customer


More news -Steve
O.K. this needs to be taken as it is...a TV Station is teaming up ( and we all know what that means ) with the BBB for a consumer watchdog show to help resolve complaints. Let's make them put their money where their mouth is and EVERYONE send them a letter explaining their case, and the way we have been dismissed by the BBB and Barbara Loefflers comments about "No one will get their cards..."

Here is the link to the show ( http://www.kmsp.com/news/bbb/default.asp ) you can refer them to me for any documentation they may need, as well as for a list of names and confirmation numbers. Let's put these guys to the test.

But everyone needs to contact them over this one. We'll just see how interested the BBB and this TV Station are in really helping you guys out. 


More Receipts -Steve
I have been busy making sure the list of names gets to everyone that needs to get them. I have also been getting these receipts as well, people are still walking right into the stores and requesting they honor their deal. The excuses that Best Buy come up with are phenomenal too, "Best Buy and BestBuy.com are two different companies...." seems to be the most popular lately.

I have had an interesting conversation with a person at the BBB and I must say, they sure are arrogant and pretentious when it comes to dealing with the public. They ASSUME that we should jump through hoops repeatedly and help do their job as well by providing information that is readily available to them if they bothered to open their eyes and look. They seemed very upset that I have gotten as much information as I have out of the BBB, and are pretty upset that I am not bending to their will in providing my "source" of information.

When this started out, all of us had no idea that the BBB was a paid mouth piece for their members... along with all of you, I thought they would take action, NOT dismiss us as they have...with their sorry offer for arbitration. Oh well, live and learn, and we are on our way to actually making a difference with the way online business will be done in the future. Please keep contacting your Attorney Generals Offices, the more states we get involved, the better. 

You might also want to note, Best Buy has changed the wording of their TOS, we have copies of before and after. It will be interesting to see what their excuse is for changing their TOS after the fact. Interesting stuff, the innocent do not go back and change their TOS if they had nothing to hide...now do they.


Wed 03-20-02 -Steve
Yes folks, as recently as day before yesterday, they are still handing out the GeForce4's to people that come in requesting their cards. 

I have received word from the AG's office, and things are progressing very well. We have put enough of you in contact with the right place to get some action. PLEASE FEEL FREE TO CONTACT ME if you would like me to mail the list of names and confirmation numbers to your Attorney General in your State. I am more than glad to help. I have made sure that each AG's Office that has gotten involved has all of your names and confirmation numbers.


Better Business Bureau Arbitration -Steve
Something we have all learned through out this whole ordeal is what the Better Business Bureau REALLY does. I know when I came into this, I did not know that the BBB collected large ( very large ) membership fees from companies based on size of the company. There are no sanctions that the BBB could or would impose that mean a damn thing, or that would even curb this kind of behavior.

The BBB has already admitted that this case is too large for them to effectively handle, complaining about the "hundreds" of e-mail complaints they have received, and basically resorted to "Form Letters" and Arbitration. Arbitration would be their way of having a third party tell you to screw off, and again...nothing would be done, EXCEPT you would have no other course of action through the BBB. 

Our whole intention was to have Best Buy honor their deal, since the BBB has proved to be impotent when it comes to these matters, we have turned to the Attorney General. If any action is received in any state, that entitles ALL PEOPLES involved to the same resolution. Trust me, the Attorney Generals office can move mountains with only a few words....if they believe in us enough to follow through on our claims, then we are O.K.

I guess that proves that wanna-be internet lawyer that wrote them stupid articles wrong now doesn't it. Next he'll write a story about why the AG's Office is wrong, or how he predicted this too...to sum things up:

SAY NO TO ARBITRATION!!!


Mon 03-18-02 -Steve
The Florida Attorney Generals Office has now sent a letter to Best Buy Corporate, it will be interesting to see how far Best Buy will hold out before finally honoring their initial deal. They might have thought the initial cost of honoring the GeForce4 deal to be too high, but I can guarantee that the cost of litigation as well as the irreparable damage done to their reputation is far greater than just honoring the original deal. We are gathering a lot of steam right now.....  


Fri 03-15-02 -Steve
Looks like Best Buy might be trying to hedge it's bets to stay out of trouble...they pulled the GeForce4 from their site. The reason for this ( my theory ) is that they can follow in Gateways footsteps if the heat starts to get too hot and say "We planned on honoring the whole thing, but we no longer carry the cards...we were just waiting to get more in stock".....we apologize for the "automated responses ( the truth ) that were sent out" ...."but that is not our position ( a lie )".

We'll see....

And the BBB has updated their site, it is hard for them to convince me how SINCERE and CONCERNED they are, when they call the GF4 a SOUND CARD!!! It's like the guy that pretends to be listening to you...and you aask if they are listening and they respond..."...yeah, yeah, yeah...sound card...you're mad...whatever". They must have the same people that fact check for Best Buy actually doing the info for the BBB site too.


Tue 03-12-02 -Steve
This just in from the Attorney Generals Office:

This site was brought to my attention by a consumer in <edit> who had complained about the price swap. The attorney's in our office feel that Best Buy should be held responsible for the orders that were placed before the pricing error was discovered. Someone can't buy a gallon of milk in a grocery store, walk out, and then be forced to pay 3 times the amount they already have. Most other major retail stores, such as Sears, have honored mistakes like this in the past even though they did everything necessary to fix the error in time. I plan on looking into this as much as I can. I would appreciate if you could keep me posted on any new developments in this matter. 

I have edited the information as to not have the AG's Office bombarded with e-mail and calls, they HAVE the pertinent info and we are helping them do what we can to set this right.


Interesting -Steve
The latest round of "Form Letters" being sent out are now stating it was a "SALE PRICE"... hmmm, interesting choice of words on the part of Christine from Customer Care. Have a look:

Thank you for contacting Best Buy about your order. I'm Christine with Customer Care. We apologize for the difficult experience you had when ordering online.

At this time we are unable to honor the
sale price of this item. Best Buy strives to make each experience you have with us to be as positive and as fun as possible, and we are disappointed if we don't live up to that expectation. If you wish to pursue this any further you may contact us in writing at:

Best Buy Company, Inc.
7075 Flying Cloud Dr.
Eden Prairie, MN 55344

Thank you for sharing your comments with Best Buy. Please do not hesitate to contact us with additional questions or concerns.

Christine and the Customer Care Team


Weekend -Steve
Well, people are getting cards still....even two at a time, so I think it's safe to say, the the BBB ladies claims that "no one is getting that card" are false. The BBB has not responded to my requests for clarification on this matter either. Here is another receipt from Best Buy pricematching their website offer...this time for TWO GeForce4's:

 


Fri 03.08.02 -Steve
It just keeps getting better and better. I received this one today...not only are the selectively honoring the prices, now depending on who you are....they will price match their website price. The same price they claim was an error ( like the shelf prices being wrong and the Newspaper ads being wrong too ) the are price matching. Here is a scan of the most current receipt:

  

And I am actually making headway with the Attorney General office surprisingly enough. The AG say's you must go through all the proper channels ie: Better Business Bureau and exhaust all those avenues first. I am talking with them again on Monday about how BBB will not return my e-mail ( I named Barbara Loeffler by name ) and how they are little more than a paid spokes person for Best Buy since they receive HEFTY membership fees from the company. I forwarded all the e-mails from Ms. Loeffler stating "no one would get the card" even after being faced with the proof people ARE getting the card while others are being discriminated against. I also have pointed out that not one single complaint has shown up on the BBB site...not one, when thousands have been filed.

All this is helping us get the attention this case needs, right now is a good time to start mailing the media outlets again about this case, and ask them to consider it for coverage. I am going to spend the weekend resubmitting this to all the media outlets ( HLN / CNN and such ) I possible can.


Automated Responses -Steve
I just want to let everyone know that they shouldn't get discouraged by "automated responses" even though they are *cough* personalized by whatever person is attending the mail that day. The mere fact that they have had to resort to MASS AUTOMATED RESPONSES due to the overwhelming amount of people complaining SHOULD at least be a CLUE there is a problem. Trust me, a normal business would realize something was wrong when they needed to have full time staff sending out "automated responses". Just for laughs...I sent this one in to see how CONCERNED they really are...have a look.

Subject: VisionTek Xtasy GeForce Ti4600 Order

Dear Sir or Maam,

My car won't start because it is out of gas....I have nowhere left to turn. I am afraid that I may have to walk...and considering how lazy I am, that is unacceptable. I would like Best Buy to send me a Peanut Butter and Jelly sandwich and a free taxi to help me get home.  I would appreciate any help you could give me in this matter.

Steven Lynch

RESPONSE:

Dear Steven Lynch

Thank you for taking the time to contact the corporate offices of Best Buy. We become very concerned when a customer is moved enough to express their dissatisfaction over the service they received. I apologize for not responding to your concern sooner. We received your recent communication regarding your canceled VisionTek Xtasy GeForce4 Graphics Accelerator order and apologize for your disappointment. A pricing error inaccurately displayed the item at a price much lower than its value and we will not be able to fulfill your order at the incorrect price. Per our terms of service, Best Buy reserves the right to correct any errors even after an order has been placed. Best Buy strives to make each experience you have with us a positive one and we apologize again for your inconvenience. Thank you for writing; we do appreciate your patience and your patronage. 

Thank you for your understanding. 


Thu 03.07.02 -Steve
I received the O.K. to post this $129.00 receipt this morning for the people who wanted to see it, and especially for the Better Business Bureau lady whom claims no one has gotten a card at any of the prices. You can feel free to contact her at the e-mail address listed below and ask her what the receipt means then. Best Buy has some serious explaining to do as to why they now selectively honor these orders, while others remain cancelled. I am trying to find out what the requirements are....whether you need to be white, black, male, female, passive, aggressive and so on. I will keep you informed as to what Best Buy's response is....but FEEL FREE to ask for yourselves as well. If I were you, I would be a tad bit curious as to why you can't get a card....while others can.


BBB Comments -Steve
Something everyone might want to remember as well, we are making great progress in such a short amount of time, and we are pushing for the Attorney General's cooperation ( as well as media coverage ) in this matter and a resolution to this matter in order to have the original offers honored. We always have the options for a class action and individual small claims cases that are guaranteed to succeed, although they would take a longer period of time to resolve. We are seeking the fair resolution to this case, and to have Best Buy come back to the negotiating table with an offer BETTER than the insulting $30, that couldn't even be applied towards the video cards you ordered in the first place. We are doing very well guys, and each one of these screw ups only bolsters our case.


Tue 03.05.02 -Steve
I am now receiving numerous letters that are forwarding comments from Ms. Barbara Loeffler. Please, let me assure you that unless Ms. Loeffler has some inside information, her claims that NO ONE will receive the cards they ordered is ludicrous at best. Ms. Loeffler might want to apply for a job with Miss Cleo if she can accurately predict that no one will ever receive a card. She may want to brush up on her ability to read the FACTS ( not just her ability to read the future ) and see that people are in fact getting cards, and we are posting the proof here. I included her e-mail address below for people wishing to express their concerns with her stating the outcome of a case that has yet to reach litigation.

Ms. Loeffler has made her phone number available to us for you to personally contact her regarding this issue. I encourage you to contact her and express your concern, or to her supervisor if she is unavailable for contact. The number is: 1-651-699-1111 ext. 2417

I think she forgets, or didn't take the time to realize, we are attempting to resolve this situation without litigation, since a class action suit and or thousands of independent small claims cases are ALWAYS available to us as a last resort. I have been CC'ing all me responses to Ms. Loeffler to the US Council for the BBB as well, here. It doesn't hurt for you to CC copies of your letters to them as well regarding this situation, they might be unaware of Ms. Loefflers comments and stance on this issue. 


Tue 03.05.02 -Steve
Wait until you hear this. Although many of you have received letters now from Best Buy saying that "some orders" accidentally have been filled ( another technical glitch...I'm sure ), it seems that Barbara Loeffler at the Better Business Bureau claims to know better than even Best Buy themselves. Are your ready for this?? This was her response to inquiries as to why these cards are being sold ( see receipt below ).

I just wanted to inform you that your complaint was received and was forwarded to Best Buy for a response. As soon as we have any information we will let you know. Best Buy has not sent out any of the Video Cards to consumers. They are not filling any of these orders as they have all been canceled. Your information is not correct. No one is receiving any video cards.

I wrote a letter to Ms. Loeffler expressing my concern that the BBB could actually make statements that are CONTRARY to the FACTS, as well as the total opposite of what Best Buy is telling hundreds of you. Do like I did, and send her a letter letting her know what you think of the BBB defending their highest paying members blindly. She can be contacted at: bloeffler@bbbmnd.org


Funny Best Buy -Steve
This has NOTHING to do with anything except it involves a Best Buy manager, and a prime example of the way they treat their customers. Only this time...the man they wouldn't help and attempted to harass was a 3 million dollar a year Baseball player for the Seattle Mariners.  Imagine who's word they would've took in this situation if he WASN'T a famous baseball player?? Hmmm...maybe we should get Mark McLemore on our side .


Mon 03.04.02 -Steve
There are people sending in receipts for not only the $179.00 in store deal, but the online $129.00 deal as well where their orders are being filled. This is a stupid move on the part of Best Buy since they are filling "some" orders, yet discriminating against all the other people who had orders as well. What is the criteria to have your order filled?? Why honor some and not all?? 
 

This is an actual receipt from yesterday for one of the GF4 Ti4600's at $179.00. We have people that had their online orders filled, and people that had orders cancelled their credit cards had a hold still placed on them, but still received their cards at the advertised price. Some people even received TWO cards. 

We need to buckle down and make sure EVERYONE gets their cards. I am going back through every media contact I have made as well as Best Buy and the BBB and ask why only "selective" orders are being filled. You need to "respond" to your BBB letters ( the ones that gave you 7 days to respond ) and ask these questions. Attach the copies of these receipts ( I will have more up soon ) as verification that the orders are being filled, but YOURS aren't.


Sat 03.02.02 -Steve
There have been people getting their "raincheck" orders filled. I have proof of two right now, and will share that info with you ASAP. This puts Best Buy in a very peculiar position as to why they would fill orders for some people, and not others, three weeks after canceling over 2000 orders. I have nice big fat pictures of the cards and receipts, when I get clearance from the person that sent me this info, I will post it for everyone else to see.


Thu 02.28.02 -Steve
Today is the day for the digital coupons to expire...I only had one person ( who has now been removed from the list ) say he'd rather take the coupon than to go all the way. Out of 2114 people...many with multiple cards ordered, that's not bad at all.

Since the written responses are the "second wave" of automatic re-printed responses, we are going to turn up the heat on Best Buy a few notches and see which state will get us the most action by filing a "Notice of Intent" by an attorney, informing Best Buy of our intention of taking them to court. NOT a class action suit, which we ALWAYS have the option for, but have a single attorney that will represent all 2114 people as claimants, file suit against Best Buy. 

There will be NO lame letters from Best Buy that will be able to explain away that one.


Mon 02.25.02 -Steve
After speaking with the Better Business Bureau this morning, the seemed at a loss for words when confronted with the fact that hundreds of people have complaint numbers from the BBB as well as sign / written confirmation from Best Buy the there has been a complaint filed, yet the BBB shows nothing. The "OFFICIAL" statement was..."We are looking into it" ( the reason no complains are showing ).

It also seems that Best Buy is just hoping you will get tired of being screwed around. 

They are taking one single FORM LETTER and sending it to everyone via e-mail and snail mail...no matter what your complaint says. Look at the one I just posted, it is the EXACT same as every letter they have ever sent, but this time they added the sentence "we were forwarded your complaint from the BBB".

we got em' in a bad way right now. I think they realize that we are NOT going away. I think it's time to let Jill Nezi know we are gonna take her lame excuses either.


Ironic, isn't it??? CEO of Best Buy is stepping down and letting his lacky protégé  take the reigns. Really nice, he will step down BEFORE there is a big fat blemish on his resume'. He can now retire in peace knowing the NEXT GUY, Anderson is gonna bite the big one over this deal.

FULL STORY HERE ENTITLED "BEST BUY SHAKES UP MANAGEMENT"


Fri 02.22.02 -Steve
Apparently Best Buy is feeling SOME heat, all the complaints that have been directed to the CEO of Best Buy are now being handled by the Consumer Relations Contact Center Escalations Office. This is a step in the right direction, meaning they are aware of the sheer amount of people that WON'T GO AWAY. But the letter they are sending out is YET ANOTHER form letter, simply signed by different "representatives". Here's a copy:

Thank you for contacting Mr. Richard Schulze at Best Buy's Corporate Headquarters. Mr. Schulze's office has received your email and has forwarded it to my desk for review and response. I appreciate the opportunity to respond to your concern.

We received your recent communication regarding your canceled VisionTek Xtasy GeForce4 Graphics Accelerator order and apologize for your disappointment. A pricing error inaccurately displayed the item at a price much lower than its value and we will not be able to fulfill your order at the incorrect price. Per our terms of service, Best Buy reserves the right to correct any errors even after an order has been placed. 

Best Buy strives to make each experience you have with us a positive one and we apologize again for your inconvenience. Thank you for writing we do appreciate your patience and your patronage. Thank you for your understanding.

Sincerely, Jill Nezi 

Consumer Relations Contact Center Escalations  Best Buy Enterprise Customer Care

AWFULLY PRETENTIOUS now isn't that..."Thank you for understanding". I think they have forgotten that a TOS ( terms of service ) cannot supercede state / federal / local laws. Best Buy is in for a bitter shock here soon, as a whole, all 2000 people can not be ignored if we stick to this and follow through. As it sits now, it is YOU who are in TOTAL control of the situation, causing them to merely REACT to your actions. 

Keep up the good work everyone, in ten days time ( of the 10 days, 4 days have been weekends and 1 was a holiday ) we have kept them on the ropes.


Thu 02.21.02 -Steve
The complete list of names and confirmation numbers was submitted to the BBB. As of Yesterday, the Minnesota BBB shows ZERO complaints listed on file. I encourage everyone to change that by submitting your complaint directly to the BBB in Minnesota, where Best Buy HQ is located.

Minnesota Better Business Bureau page containing all the information you need. It pisses me off that they mislead people into believing there are NO COMPLAINTS EVER with Best Buy.

Also the Minnesota Attorney General is located here, copy your e-mail and forward it to them as well. 


Thu 02.21.02 -Steve
O.K., no one has objected to their names being submitted to the BBB so it will go in today. I spoke with the BBB in Minnesota yesterday and they outlined the procedure for me to file the complaint and submit the names. I am also following up with NBC today by calling them back, and not waiting for the editor to return mine. 

Something to keep in mind, we are only ten days into this...we are doing good ;^) 


Tue 02.19.02 -Steve
I
am forwarding your information to the Better Business Bureau today, all 2023 names and confirmation numbers. If anyone has a problem with this, please contact me, and I will remove you from the list. I am speaking with them today and faxing the information over. 


Tue 02.19.02 -Steve
Someone....somewhere, started a rumor saying that the cost of the VisionTek GeForce4 Ti4600 is only $99.00 wholesale to Best Buy. The paper  the is has saying that it is only $99.00 is way off base, and just goes to show you how far they have their head firmly planted up their...well, you know. The card is $349.00 dollars their cost according to the Tim at Best Buy ( confirmed by Comp USA ), when I asked him why the paper said $99.00, he laughed and said "Honestly...I don't know". 

Best Buy is still humiliating itself with pricing errors all over the place, they seem content in giving you guys all the ammunition you need to run them up a pole with this one. The latest involves under pricing their Projection T.V.'s .


Fri 02.15.02 -Steve
Best Buy is still stalling, hoping everyone will just forget about the situation all together OR tire of the situation and spend the $30 coupon ( that would be spent to buy something they paid $4 for ). I missed yesterdays call from NBC News, so hopefully we connect today...and hopefully they find this story newsworthy. I also want to know what people think about a HIGHER OFFER from Best Buy?? How many people would be interested in a higher offer? I only ask this because it has been discussed. Let me know.


Wednesday 2.13.02  2nd Update:

I will have news posted today about what it will take to file for Class Action Status, and have a "Notice of Intent" send to Best Buy Corporate today. 99% of everyone involved has expressed the desire to take this the distance, so that is what we are doing. 


Wednesday 2.13.02  1st Update: 
As of this morning, Best Buy is now refusing to return calls, and all e-mails are being met with this "short, sweet, to-the-point" SCREW YOU letter.

Thank you for contacting Best Buy about VisionTek Xtasy GeForce4. I'm Selena with Customer Care.

We understand your frustration. We apologize for any confusion or inconvenience this may have caused. 

If you wish to pursue this matter further, please contact us in writing at:

Best Buy
PO Box 9312
Minneapolis, MN 55440


Everyone that has received the $30 Coupon deal should check the "properties" of the original e-mail sent to you offering the deal. You can do this by double clicking the e-mail, and go to FILE / PROPERTIES / DETAILS you will all notice this coupon e-mail originated from a company called Cheetah Mail, and Online Direct Marketing Company. This company now has you in their system, and as of yet...we have no idea what information they have of yours or what they do with their mailing lists ( sell them?? ).

I am on top of this as we speak. 


Tuesday 2.12.02  First Update: 
The number of customers signed up with confirmation numbers is now well over
2000+.


Monday 2.11.02  third update:

After messing with best buy all weekend, they have come up with a plan to offer a $30.00 coupon to everyone who made an order of the GeForce 4. While this is certainly a move in the right direction, it is far from them honoring the original deal the promised. Best Buy is hoping ( although they did not say this ) that people accept this offer, hoping many of you will never redeem the coupon, and if you do...it will be for items that are being sold at retail. I  will find out if the majority of you want to pursue this, and we'll go from there.

Something else to note, there are four of you that have ordered this deal that are attorney's in 3 different states. The advice and guidance given has been extremely helpful throughout this whole deal. Everyone can trust me when I say this, lawyers know a hell of a lot more about this than the guy at the website that is trying to make a joke of your situation and belittle you. Their advice has helped me get you this far.... so we ain't doing to bad, and we have many options open to us. When you see crap articles ( there is only one site so far ) trying to make fun of you, don't give them your time ( or the "hits" ) by clicking on their garbage.


**UPDATE 3**

As of Monday 2.11.02 ( five days after the original online ad ran ) store managers are handing our "rainchecks" for the above mention $179.99 cards to customers. We have a handful of these pictures showing model numbers, price, date, store all signed by employees or managers.

Apparently these "typos" are widespread within Best Buy. They will need to claim that the phone / fax / internet service doesn't work at any of their stores keeping them from updating all the stores to the correct price. BUT the system does work well enough to cancel 1400+ orders 3 days prior. 

Monday 2.11.02  second update:

As of this morning, Best Buy is now sending out back order notices to everyone even though they have previously sent cancellation notices to the same customers. I have had 125 people report getting this letter today. Although I have been working feverishly on getting as many people taken care of, this e-mail here only goes to show you how Best Buy operates. 

Dear XXXX,

Thank you for shopping at BestBuy.com!

Unfortunately, the following item(s) are still unavailable to be shipped, but 
we hope to be able to ship this item(s) to you soon.

If you prefer to cancel this item from your order, please contact our 
Customer Care representatives at onlinestore@bestbuy.com or call our Online 
Store help center toll-free at 1-888-BESTBUY (1-888-237-8289).

We apologize for any inconvenience this may cause.

ORDER NUMBER:
Order Date: Feb 6, 2002
Credit Card Used: 

Item Description Type Qty Web Price Total Status

------------------------------------------------------------------------------

--
VisionTek Xtasy GeForce4 Ti 46 --- 3 $129.99 $389.97 On 
Backorder


Keep in mind, your credit card will only be charged after each item has left 
our warehouse.

Your satisfaction is our main goal and we value your business. Thank you for 
shopping at BestBuy.com! <http://www.bestbuy.com>


If you have any questions or concerns about your order, here are 4 easy ways 
to find the answers:

1. Check your order status online anytime by going to this link and logging 
in: http://www.BestBuy.com/Accounts/Signin.asp or by clicking on the "My 
Account" button at the top of our website store pages.

2. Visit the Information Center section of our website at: 
http://www.BestBuy.com/InfoCenter or by clicking on the "Information Center" 
button at the top of our website store pages.

3. Email us anytime at mailto:onlinestore@bestbuy.com

4. Contact our Customer Care representatives toll-free at 1-888-BESTBUY 
(1-888-237-8289).


**UPDATE 2**

Also, it appears that the Best Buy "data base error" applies to their print ads as well.


**UPDATE**

A.) Obviously Best Buy delayed responding on Friday, giving them the weekend to figure something out. Apparently you have ALL received the same "FORM LETTER" signed by a different person that points you to their TOS ( terms of service ). This is standard B.S. they do to everyone.

B.) All 1400+ peoples credit orders still show the current charge, and your order is still showing as "processing", so you are not alone.

C.) There is a website out there right now who is trying to lure people in to talk about their order so they can publicly ridicule them. They do this to get traffic for their site... and have done this a number of times, to reputable sites like AnandTech ( several times ) and [H]ardOCP to name a few.

I respect their right to have an opinion, and to run their site any way they see fit, but I will not give them the satisfaction of FREE TRAFFIC , which only encourages those types of articles. The author, Ed Stroligo, is known for his attacks against other websites and people in his editorials designed to generate traffic from the very sites he is attacking. If you know which site Mr. Stroligo works for ( most people don't ) then you will know what site I am speaking of.

D.) Of the 1400+ people who have ordered, there are several of you whom are attorneys that have expressed an interest in taking this as far as it need be, and a few attorneys like our friend Justin who is willing to help as well. With the amount of people effected by this, making Best Buy, as well as other companies like this, accountable to their customers.


 


Current News Coverage

Geek.com

News.com ( C/Net - ZDNet )

The Inquirer: Story 1 & Story 2

The Register

Think Techie

Kuro5hin.org

Chris Pirillo's Page 

Enigmous 

Little White Dog

more coming....


Some links to look at over the weekend, interesting stuff:

 http://www.palmerdodge.com/dspSingleArticle.cfm?ArticleID=317

http://news.com.com/2100-1017-247071.html?legacy=cnet ( Buy.com case )

http://www.theinquirer.net/31010202.htm ( Kodak case )

http://www.classactionamerica.com

 

 

 

 

 


 


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