Was Best Buy wrong to ask a customer to return the Galaxy Nexus?

[Felix 222]

I would absolutely NOT return it and, instead, resell for a big profit!

From what I understand, BB is offering the customer no incentive to remedy their own mistake. The customer was a fortunate benefactor of a retail mistake. Keep it!

 

[Liderc]

Secondly, someone said Verizon could just 'blacklist' the phone. No, they could not. They cannot choose to cancel my service or disable my phone unless I have broken their terms of service which I have not. I legally purchased a phone that was legally sold to me, and legally activated it on Verizon. In this case I, the customer, has done absolutely nothing wrong.

That's where you're wrong. Read your contract, Verizon can cancel your service at any time. Considering you're using a phone that they have not authorized to be released to the public, it's no different than a beta tester breaking his NDA, the phone would have to be sent back to them.

Again, you seem to think the customer has the upper hand against Verizon, did you have your lawyer go over your contract when you signed it? No, but Verizon did.

 

[yakitori]

All this controversy over a stinking cell phone/electronic device? Lol...what a bunch of weirdos. I'd keep the phone till its released and then go exchange for a new one because of the two burn lines. I'd ask for the manager that was a knucklehead to be the one to service me. And smile and say thank you when he hands me my new gnex

 

[alboboy10]

I'd give it back..

For full retail price

 

[vtnerd]

That's where you're wrong. Read your contract, Verizon can cancel your service at any time. Considering you're using a phone that they have not authorized to be released to the public, it's no different than a beta tester breaking his NDA, the phone would have to be sent back to them.

Again, you seem to think the customer has the upper hand against Verizon, did you have your lawyer go over your contract when you signed it? No, but Verizon did.

Sorry, but no.

There is no chance that Verizon could ever force anyone to return a lawfully purchased product (if return could be compelled, Best Buy would have already done it instead of simply asking). Verizon can likely terminate service to said product, but there's no way they can ever require the device be sent back to them because they are not the legal owners of that device anymore. If the Nexus were a leased device what you said would be true as Verizon would still be the owner, but the Nexus (and all cell phones AFAIK) are not leased.

 

[jkaod]

"Thirdly, this is not blackmail or extortion. My agreement with Best Buy was completed once the phone, money, and receipt exchanged hands. I have absolutely NO reason to return the phone. They have no legal standing to force me to return it. Therefor if they want me to drive back to the store to give back the awesome phone, they will have to give me a reason. No one is hurt by my keeping it (see below), but I am hurt by giving it up. Having the GN now is something of a special beast. No one else has it. You cannot buy the GN for Verizon right now at any price. That is worth something to me. They will have to convince me financially to bring it back. Best Buy is a business, and this is a business transaction. If the GM of that BB store doesn't want it splashed all over the internet where I bought the phone from, then he will do what he can to convince me to bring the phone back. If it's not worth anything to him, then I would just go forward with my plan to post videos of the phone so you all could see it, and in those videos mention where I got it."

Unfortunately, this IS extortion. What you said was in essence: if you don't give me something of greater value that what I paid for the phone (excluding reasonable compensation for time and travel expenses) I will do something that will hurt you, ie. put your name and information out there for all to see and hope to hurt your job, business, reputation etc.. That is extortion. You can certainly ask for greater compensation, but as soon as you make a threat intended to do harm if they don't agree, that is extortion.

 

[Zecpull]

Is this the same Best Buy that can not Over ride their system to be able to keep my Unlimited Plan? ? I was at Best Buy for over an Hour.. and left without my Bionic, because they could not issue a Phone that had more than 2 gig plan at the time. Even after Calling Verizon ( that told them I could keep my plan. ).
They must have had something because Verizon would have still known it was a nexus.

 

[BL4Z3D247]

I think it's wrong he got one and I(we) didn't!

 

[honors21]

Why would ask for it back if its getting released on the 15th or is it?

Sent from my DROID RAZR using DroidForums

 

[jcardona1]

Unfortunately, this IS extortion. What you said was in essence: if you don't give me something of greater value that what I paid for the phone (excluding reasonable compensation for time and travel expenses) I will do something that will hurt you, ie. put your name and information out there for all to see and hope to hurt your job, business, reputation etc.. That is extortion. You can certainly ask for greater compensation, but as soon as you make a threat intended to do harm if they don't agree, that is extortion.

Extortion? Pleeeeeeeeease. There is nothing illegal about showing a video online of a phone you bought LEGALLY and stating WHERE you bought it. I can't believe legal consequences are even brought up in this debacle. There are NO legal consequences for anything this guy is doing. He DOES NOT have to return the phone and is CAN post all the info he wants about his phone. It's not like he's threatening to post naked pics of the manager's wife in exchange for money. That would be a little different.

 

[xxpigxx]

That's where you're wrong. Read your contract, Verizon can cancel your service at any time.
. . .

They have to have a valid reason to do so.

--
[h=4]What Are Verizon Wireless' Rights to Limit or End Service or End this Agreement?[/h] We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, if you're a Postpay customer, (f) do not pay your bill on time; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven't yet billed the charges); (h) provide credit information we can't verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; (d) modify your device from its manufacturer's specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.--


They would have to show, in court, that ending the agreement was for good cause (i.e. continuing service would cause damages to the company or its customers).

it's no different than a beta tester breaking his NDA

Except that breach of NDA is a totally different contract than a service contract.

 

[jcardona1]

(b) interfere with our operations;

I could see a case being made with under this item. Could you say this interferes with their marketing/promotion/advertising operations? Maybe...

 

[xxpigxx]

Extortion? Pleeeeeeeeease.
. . .

--Extortion does not usually require that the offender threaten to commit a criminal act as long as the threat attempts to obtain money, property, or to force the victim to act against their will. For example, a threat to bring criminal charges or file a police report unless money is paid is still extortion, even though the offender may have every right to file a police report. By coupling the legal act with the illegal act of demanding payment to not act, the offender has committed extortion. Note, however, that a threat to file a civil lawsuit typically is not considered extortion even if that lawsuit is frivolous.

The threat also does not have to be directed at the victim. It is still extortion if the threat is directed towards the victim’s family or if it threatens to release information about some third party, the victim seeks to protect. --


So yes, it would be extortion if you told him that you were going to do it. If you did it without letting anyone in on the plan, you would be correct . . . no extortion. Just passing along information.

 

[xxpigxx]

I could see a case being made with under this item. Could you say this interferes with their marketing/promotion/advertising operations? Maybe...

That would be slim. (b)Interfering with operations follows (a)harassing representatives. I would think it would be more along the lines of preventing daily operations of a location, in which the impact of damages could shown.

I do not think that the impact of damages of a few phones on the marketing department could be shown very much, if at all. For example . . . what exact damages were done?


What I do find interesting is that they can end contract for rooting:

--(d) modify your device from its manufacturer's specifications--

I did not know that.

 

[ilikemoneygreen]

Best buy should have given him something for his troubles. He shouldn't expect to receive all that fuss to get nothing in return.