Best Buy Finally Called and Asked Me To Return The GN

[pauldroidr2d2]

Too many pages to go through and many opposing points of view.

My position and belief is that you should keep the phone. However, that and $5 may get you a cup of coffee at Starbucks. The reality of the situation becomes a civil matter. The holder of the phone can and will be held liable for any damages received by Best Buy from VZW. Whether he purchased the phone or found it in a bar (think Apple's phone), he is in possession of a product that is not released, contains confidential information, and protected under numerous laws for VZW.

At the end of the day, Best Buy could seize the phone if they wanted to. It would have taken a lot of legal maneuvering to do so. I am actually surprised Counsel for BB did not contact you directly. Best Buy can still hold you civilly liable for fines levied by VZW. VZW can also hold you liable for possession of illegally acquired merchandise (trust me, I was sued by Addidas over a very similar issue). Right, wrong, or indifferent, you can be sued by Best Buy and VZW. All the civil suit needs to do is prove that Best Buy made every effort to re-acquire the phone (although I don't believe they truly did). The cost of your own counsel and time is not worth it. The worst part is the OP is still on the hook for a potential civil suit. If Best Buy's liability is significant, they will go after you.

You can argue that BB should not have sold the phone, it was the employee's fault, or any other argument. What it comes down to are the facts. The facts are the OP acquired a product that was not to be released, the company made the effort to get it back, and it was not recovered. Those are the facts. Everything else is personal opinion and "screw the man" mentality.

The cost of 1 hour with an attorney is going to be over $300. This is out of your pocket and no chance at recovering it. Drag it on with the BB attorneys, it is more money out of your pocket for yours. BB's attorneys are getting paid whether they work or not. Might as well stick it to someone they have a chance to win against.

Wow, all I have to say is keep trying. The above is flawed rational. The phone owner has zero obligation to return the device. It was a legal purchase. The BB he purchased it from is 100% at fault for selling it to him.

 

[Premium1]

Exactly, If anything, BB wasted my time. The 10 minutes I waited on hold when I called asking if they'd sell me one. The 10 minute drive there. The 20 minutes I waited for the rep to finish helping the person in front of me. The hour and a half I waited for them to activate and finalize the transaction, the 10 minutes for me to get home. The countless amount of time I've put into downloading all my apps and getting everything set up the way I like it (Settings, bookmarks, and app placement), the 10 minute drive to go back and negotiate it's safe return, the 2 hours wasted on my negotiations, the 10 minute drive back home laughing that I just left them there disappointing that they couldn't bully me into what they wanted me to do.

If there is any "Damages" here, they should be paying me $20+ an hour for my time they've wasted.

Well that is what happens when you go out trying to buy a phone you know isn't for sale yet. Just be glad bb "wasted your time" otherwise your ass would have no nexus...

 

[philbw]

i didnt have time to read this entire thread but didnt someone elseware say something about the phone crashing when dialing 911? If there is indeed a defect of this magnatude i could see why they would want it back. Theres some pretty big liability if in an actual emergency situation 911 failed to work. I really cant remember where i read that (maybe comments on an article) but i'm saying this more as a "what if"

 

[mjhillman06]

Hey guinnkevinr,

Another guy who got the GNex early said he got a 4.0.2 update today. He couldn't provide a screenshot to verify. Now someone posted a tweet from someone else saying an OTA update is going out. Anything on your device today? Thanks!

 

[anon(394005)]

i didnt have time to read this entire thread but didnt someone elseware say something about the phone crashing when dialing 911? If there is indeed a defect of this magnatude i could see why they would want it back. Theres some pretty big liability if in an actual emergency situation 911 failed to work. I really cant remember where i read that (maybe comments on an article) but i'm saying this more as a "what if"

Here: http://www.androidcentral.com/veriz...kely-according-costco-document#comment-350573

One way to confirm though: @guinnkevinr, you wanna try dialing 911?

 

[guinnkevinr]

Hey guinnkevinr,

Another guy who got the GNex early said he got a 4.0.2 update today. He couldn't provide a screenshot to verify. Now someone posted a tweet from someone else saying an OTA update is going out. Anything on your device today? Thanks!

I just tried forcing an update but it's still telling me that I am up to date on 4.0.1

 

[guinnkevinr]

Here: http://www.androidcentral.com/veriz...kely-according-costco-document#comment-350573

One way to confirm though: @guinnkevinr, you wanna try dialing 911?

hahaha! no..

 

[guinnkevinr]

Hey guinnkevinr,

Another guy who got the GNex early said he got a 4.0.2 update today. He couldn't provide a screenshot to verify. Now someone posted a tweet from someone else saying an OTA update is going out. Anything on your device today? Thanks!

Sent from my Galaxy Nexus using Tapatalk

 

[Bellmonte]

If there is any defect, wait for it launch then exchange it for the same item.

Sent from my Photon 4G using Tapatalk

 

[philly]

Well that is what happens when you go out trying to buy a phone you know isn't for sale yet. Just be glad bb "wasted your time" otherwise your ass would have no nexus...

for all BB knows.. he could of sold his old phone after purchasing the Nexus.. He made a legal purchase.. for them to ask for it back without any sort of redemption is dumb.

I would want money for the time I wasted buying it, Money for the time I wasted bringing it back, + gas and most importantly I would want a serious perk for fixing their mess up for them.. Like a Gnex on launch day off contract for the same price he already paid.

 

[Premium1]

for all BB knows.. he could of sold his old phone after purchasing the Nexus.. He made a legal purchase.. for them to ask for it back without any sort of redemption is dumb.

I would want money for the time I wasted buying it, Money for the time I wasted bringing it back, + gas and most importantly I would want a serious perk for fixing their mess up for them.. Like a Gnex on launch day off contract for the same price he already paid.

yeah but like I said if they didn't "waste his time" he would have no nexus so it wouldn't really matter. You can't when they did you a favor and you got a phone before it released. If you had other places to be then why go there in the first place? People about the littlest things. I mean you got a phone early be happy.

 

[philly]

I think he is happy, and he wasnt done wrong.. but he doesnt need to give them the phone back and I know if I purchased the phone.. I wouldnt comply with driving it back on my own time unless they were seriously pony'ing up some cash.

 

[cgr45]

All this BS over a phone. Dude really? It's just a phone last time I check.

 

[Premium1]

I think he is happy, and he wasnt done wrong.. but he doesnt need to give them the phone back and I know if I purchased the phone.. I wouldnt comply with driving it back on my own time unless they were seriously pony'ing up some cash.

I never said he should or needed to return it. he was complaining saying they wasted his time since they had to do work arounds to get him a phone that wasn't meant to be released. Once again the entitlement generation.

 

[Gekko]

I never said he should or needed to return it. he was complaining saying they wasted his time since they had to do work arounds to get him a phone that wasn't meant to be released. Once again the entitlement generation.

the point is that getting and setting up this phone cost him time. being harassed by BB and returning because of their mistake would cost him even more time and aggravation. time is money. time is a non-renewable commodity. he needs to be reasonably compensated for his time and aggravation if they wanted him to return it. if the BB employees were smart - they would have been nice and thrown him a little bone like a $100 Gift Card as a sign of goodwill and good faith he probably would have given it back. but no, they chose to be pricks and he walked on general principle.

Abraham Lincoln once said: “It is an old and true maxim that ‘a drop of honey catches more flies than a gallon of gall.’ So with men, if you would win a man to your cause, first convince him that you are his sincere friend. Therein is a drop of honey that catches his heart; which, say what you will, is the great high road to his reason.”

http://www.westegg.com/unmaintained/carnegie/win-friends.html

 

[Juststef]

Too many pages to go through and many opposing points of view.

My position and belief is that you should keep the phone. However, that and $5 may get you a cup of coffee at Starbucks. The reality of the situation becomes a civil matter. The holder of the phone can and will be held liable for any damages received by Best Buy from VZW. Whether he purchased the phone or found it in a bar (think Apple's phone), he is in possession of a product that is not released, contains confidential information, and protected under numerous laws for VZW.

At the end of the day, Best Buy could seize the phone if they wanted to. It would have taken a lot of legal maneuvering to do so. I am actually surprised Counsel for BB did not contact you directly. Best Buy can still hold you civilly liable for fines levied by VZW. VZW can also hold you liable for possession of illegally acquired merchandise (trust me, I was sued by Addidas over a very similar issue). Right, wrong, or indifferent, you can be sued by Best Buy and VZW. All the civil suit needs to do is prove that Best Buy made every effort to re-acquire the phone (although I don't believe they truly did). The cost of your own counsel and time is not worth it. The worst part is the OP is still on the hook for a potential civil suit. If Best Buy's liability is significant, they will go after you.

You can argue that BB should not have sold the phone, it was the employee's fault, or any other argument. What it comes down to are the facts. The facts are the OP acquired a product that was not to be released, the company made the effort to get it back, and it was not recovered. Those are the facts. Everything else is personal opinion and "screw the man" mentality.

The cost of 1 hour with an attorney is going to be over $300. This is out of your pocket and no chance at recovering it. Drag it on with the BB attorneys, it is more money out of your pocket for yours. BB's attorneys are getting paid whether they work or not. Might as well stick it to someone they have a chance to win against.

Doubtful. Even with in house attorneys, giving him a $50-$100 gift card would have been more cost and time efficient. You comment is more dramatic, than likely to happen. It just doesn't make good business sense.



Sent from my DROIDX using Tapatalk

 

[Gekko]

All this BS over a phone. Dude really? It's just a phone last time I check.

tell that to BB. dude just wanted to buy a phone. they called him 3x in an hour while he was at work asking for it back. how would you like that?

 

[anon(394005)]

tell that to BB. dude just wanted to buy a phone. they called him 3x in an hour while he was at work asking for it back. how would you like that?

Alright, gloves off.... haha Yah, but who exactly initiated the whole thing to begin with? It wasn't Best Buy! The OP has no one to blame but himself for getting into this situation to begin with. Personally, I NEVER would do such a thing as I could foresee the potential negatives (not worth it to me). This is why I think many of us say it's just a phone and question why people do this to themselves?

 

[guinnkevinr]

Ok guys I've been having a lot of weight on my shoulders because of all of this and finally decided to call the rep who sold me the phone and ask him what's really going on. After about 10 minutes of talking to him I finally understood why all the calls. Corporate is mad. Really mad that any of these slipped out. He doesn't know yet if his job is on the line but did say there is a "Review" happening and he is in big trouble but also knows he has some back up as his managers and other staff told him it was ok to sell.

I asked him if he thinks he will be around for my next phone purchase and he said "Honestly, I don't think I will lose my job but I'm pretty sure they are pulling me off mobile and I will be around here (as in the BB store) somewhere.

The guy who sold it to me is really nice and I've always gone to him for my phone sales and I decided to take the nexus back.

I went in and took it back and I said "Let me negotiate them keeping your job for this" and he said "I don't want to add more fuel to the flames" and to let it go and that he will be fine.

I asked "Does me returning this at least help you in some way?" and he said yes.

I've returned it and am happy with my decision because though this wasn't my fault, he is a good guy who made a mistake and I won't let him go down for it because I must have the latest and greatest.

I promise you one thing, as soon as the phone is released, I will have it in my possession again and will join you all in the happy times.

Thank you all for your support and following my journey.

-Kevin

 

[sc4fpse]

I went in and took it back and I said "Let me negotiate them keeping your job for this" and he said "I don't want to add more fuel to the flames" and to let it go and that he will be fine.

I asked "Does me returning this at least help you in some way?" and he said yes.

I've returned it and am happy with my decision because though this wasn't my fault, he is a good guy who made a mistake and I won't let him go down for it because I must have the latest and greatest.

+9001 karma points to you, good sir. That is what I like to see: The phone being returned in the interest of the associate keeping his job, regardless of whether or not you were given financial compensation.

You are a good person.