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A class action lawsuit alleging consumers who purchased a Future Shop or Best Buy extended warranty were not provided the services or solutions they expected has been authorized by the Quebec Court of Appeal.
Class Action Alleges Misrepresented Advantages
Lead plaintiffs, Jessica Desjardins and advocacy group Union des consommateurs, claimed that Best Buy misrepresented the advantages of the extended warranties it sold along with its products. The class action lawsuit Canada filed sought to represent consumers who had allegedly been duped into purchasing Best Buy extended warranties with the expectation they would have an advantage over consumers who did not purchase the warranty.
Desjardins alleged that she purchased a laptop from the Future Shop, a brand owned by Best Buy, in September of 2006. As a part of her purchase, she bought a Best Buy extended warranty for over $700. She says that the laptop soon malfunctioned and she had to return it to the manufacturer.
According to the complaint, during this process, Desjardins was without her laptop for extended periods of time when it was supposedly being repaired at Best Buy. The plaintiff says that, ultimately, Best Buy could not fix the laptop to her satisfaction. She also claims that the retailer misrepresented the extended warranty it sold with the laptop.
Le Journal De Montreal reports that this is not the only class action lawsuit filed over alleged false promises made to consumers to entice them into purchasing extended warranties on their products. Reportedly, legal action has been filed against Sears, The Brik, and five other Quebec companies in recent years.
Indeed, according to reports cited by the advocacy group that is also a plaintiff in the class action lawsuit, retailers experience a profit margin of over 90% when it comes to the difference between the sales price and the actual cost of an extended warranty on the product. The class action lawsuit alleged that, in the case of the Best Buy extended warranty, consumers who purchased the warranty were often at a disadvantage compared to those who did not. Allegedly, these consumers waited longer and had fewer options under the terms of the extended warranty.
The class action lawsuit is seeking cancelation of Best Buy extended warranties, along with reimbursement for consumers who purchased them, along with punitive damages against the company.
Best Buy Appeals Class Action Lawsuit
The retailer fought the class action lawsuit, appealing the Superior Court’s authorization of the class action lawsuit. Judge Lukasz Granosik authorized claims based on provisions of Canada’s Consumer Protection Act, specifically that “no merchant, manufacturer or advertiser may, by any means whatsoever, make a false or misleading representation to a consumer”.
A Court of Appeal agreed with the authorization of the class action lawsuit and, in May of 2019, the Supreme Court of Canada dismissed Best Buy’s effort to appeal the appellate court’s decision.
According to the notice to Class Members, the trial will not occur for two to three more years. At trial, the Superior Court will determine whether Best Buy will need to compensate Class Members over class action allegations about the extended warranty.
Best Buy Extended Warranty Class Members
The court has authorized the following Class Members:
“Any consumer residing in Québec who, on or after September 19, 2004, purchased from Respondent Magasins Best Buy Ltée, doing business under the names Future Shop and Best Buy, an extended warranty, also called a ‘Product Service Plan’, sold under the name of PSP, applying to goods purchased from Future Shop or Best Buy stores, by telephone or in-store or on the FutureShop.ca and/or BestBuy.ca websites; as well as any consumer who purchased such a warranty from Respondent in Québec during such period”
In short, consumers in Quebec who purchased an extended warranty from Best Buy or Future Shop on or before Sept. 19, 2004 may be able to take part in this class action lawsuit.
The deadline for Class Members to opt out of the class action lawsuit was April 14, 2020.
Class Members will be automatically entered into this class action lawsuit, meaning that any decision made at trial will apply to these individuals.
Did you purchase a Future Shop or Best Buy extended warranty? Tell us about your experience in the comment section below!
The lead plaintiff, Jessica Desjardins, and Class Members are represented by Trudel Johnston & Lespérance.
The Best Buy Extended Warranty Class Action Lawsuit is Union des consommateurs, et al. v. Magasins Best Buy Ltée, Case No. 500-06-000413-076, in the Superior Court and the Court of Appeal of Québec.
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One thought on Best Buy Extended Warranty Class Action Lawsuit Alleges Misrepresented Advantages
I bought a computer for $829.29 in September 2020 and best buy deceived by saying I can get warranty for it but never discussed the detail. Then only thing was $ 28.24 on my receipt but they kept charging my visa for $28.24 every months till now without sending me a receipt or informing me. So far they charged me more than the value of the labtop.
When the lap top had an issue in April 8, 2023 ai took it to best buy and despite all the money I paid for full protection warranty they only offered repair but on April 28 the squad representative at Bestbuy store said the computer is not working and they need to send it back. In April 29 the manager Iliyes tild me the laptop still doesn’t workand they will send ot back to geek. Squad so they will send me a refund to buy a new laptop. To my surprise I got an email on May 12 from Geek Squad telling me that they are waiting for a part to fix my laptop!
. The email was no-reply and the only option they left me was a phone number but when I called the number it was a lady who answered from other country Colombia which she said she doesn’t know what’s going on! I was on hold for more than an hour in that call.
I tild her to escalate the matter to her supervisor and after she said that Bestbiy is the ne who has to refund you not Geek Squad . I feel so helpless and I can’t believe im Canada customers can get exploited by fraudulent company without any protection. I have left without computer for more than a month and I’m still waiting for my money back.