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-   -   Anybody had luck suing a big box store? (http://www.talkbass.com/forum/f34/anybody-had-luck-suing-big-box-store-949492/)

Axtman 01-17-2013 12:01 AM

Anybody had luck suing a big box store?
 
I am seriously considering taking Staples to small claims court for screwing up a computer I took in for repair.

Has anybody had luck suing a big nameless faceless organization.

(Thus another reason to do business with smaller mom and pop stores.)

Thanks!

SBsoundguy 01-17-2013 12:16 AM

I take it you've spoken to their corporate office?

MatticusMania 01-17-2013 09:41 AM

What did Staples do to your computer that makes litigation necessary?

hdracer 01-17-2013 09:43 AM

You took a computer in to Staples for repair???

That's like taking your bass to GC for a fret job......

fourstringdrums 01-19-2013 01:24 AM

Yeah I think we need more details...but no I haven't tried to sue a big company.

Indiana Mike 01-19-2013 05:10 AM

Quote:

Originally Posted by hdracer (Post 13733554)
You took a computer in to Staples for repair???

That's like taking your bass to GC for a fret job......

that about sums it up....

call corporate first.

I received a bad flooring job from Lowe's years ago . The manager was a total dick about it . She ran me around for a month ,lied to me ,accused me of ruining the floor myself etc... They had a company (who was the guy who installed it ) come out and he agreed that I received a defective product . It wad supposed to be easy clean ,but the dirt would stick to it and you had to scrub it with abrasive cleaners to remove it . Which will further damage the floor .
No ,I hadn't done that ,it's that the floor had a defect and if you wanted it clean you would of had to scrub it with abrasive cleaners.

Manager still an ass.

I found a contact list on their investor website and contacted all of them I could via email .

That's all it took ,about a week later I got a call from the manager saying to come get my money . CASH. Then she told me she would need me to return the flooring .

I said " come and get it yourself "

Never heard another word.

Good luck

Axtman 01-19-2013 06:02 PM

Yeah I know. I am an idiot.

There is a Staples store like blocks from my house. I had an old computer that I accidentally killed the power on while it was closing down. Since then the computer kept cycling and rebooting.

So Staples keeps bragging about their Easy Tech people. I believed all the BS they advertised about their technicians.

Long story short they reformatted my hard drive to reinstall the operating system. They said that they would back up my data before reformatting. Well they did not. Sorry. They did refund the money they charged me.

So I took the computer to a computer repair store and had them recover some of the data. They charged me big bucks.

So I talked to the manager and Staples and handed him my receipt thinking it only fair. Well his response was total disinterest. He handed me a 1-800 number to call. That's about it. So I am REALLY pissed! Hell if he would have offered me $300 in store credit, I would have taken it. But his attitude was one of total lack of caring about my situation. His name is Patrick Gilligan....I should have figured with a name like that he is a real Gilligan.

So now I am reading up on small claims court in my state and looking on the internet for tips.

Thanks!

PS - One real regret in my life is my personality. I am uncomfortable with people and very conflict adverse. I bet I would have gotten much more attention if I have been a raging a--hole. The manager would have probably written me a person check just to get the lunatic out of his store. Oh well. They will see me in court.

Tractorr 01-19-2013 06:21 PM

Quote:

Originally Posted by Axtman (Post 13745673)
Yeah I know. I am an idiot.

There is a Staples store like blocks from my house. I had an old computer that I accidentally killed the power on while it was closing down. Since then the computer kept cycling and rebooting.

So Staples keeps bragging about their Easy Tech people. I believed all the BS they advertised about their technicians.

Long story short they reformatted my hard drive to reinstall the operating system. They said that they would back up my data before reformatting. Well they did not. Sorry. They did refund the money they charged me.

So I took the computer to a computer repair store and had them recover some of the data. They charged me big bucks.

So I talked to the manager and Staples and handed him my receipt thinking it only fair. Well his response was total disinterest. He handed me a 1-800 number to call. That's about it. So I am REALLY pissed! Hell if he would have offered me $300 in store credit, I would have taken it. But his attitude was one of total lack of caring about my situation. His name is Patrick Gilligan....I should have figured with a name like that he is a real Gilligan.

So now I am reading up on small claims court in my state and looking on the internet for tips.

Thanks!

PS - One real regret in my life is my personality. I am uncomfortable with people and very conflict adverse. I bet I would have gotten much more attention if I have been a raging a--hole. The manager would have probably written me a person check just to get the lunatic out of his store. Oh well. They will see me in court.

Well if you can prove they were going to back up your data and didn't then you might have a case. I know that a lot of time if you have a lawyer send a letter to the company if it is a low enough sum they will write you a check because it isn't worth their time. For instance, you said you would have taken $300 in store credit. If this is the amount you are looking for you might get it. Though they have lawyers on retainer they probably won't send one to your location because the plane ticket costs that much. Again this is all provided you have some evidence that they were supposed to back up the data.

fdeck 01-19-2013 07:05 PM

Quote:

Originally Posted by Tractorr (Post 13745718)
Well if you can prove they were going to back up your data and didn't then you might have a case.

Or, just make the case that either backing up the data or not losing it is a commonsense part of doing a workmanlike job when you offer to repair somebody's computer.

SBsoundguy 01-19-2013 07:17 PM

When you get service done at a big box store all they really know how to do is wipe a drive or run virus scans and anti-malware programs. Take this as a lesson if you want something done right do it yourself. There's plenty of resources online that'll show you how. I still think you should be able to get some compensation though.

Indiana Mike 01-19-2013 07:28 PM

Your not an idiot.

It has happened at one time or another to most of us .

Good luck.

Ziltoid 01-19-2013 07:28 PM

Staples strikes again.

Indiana Mike 01-19-2013 07:30 PM

As said go over their heads .

Go up the corporate chain if you have to . Make a game of it . All you have to lose is some time.


Cool heads prevail

Tractorr 01-19-2013 08:34 PM

Quote:

Originally Posted by fdeck (Post 13745839)
Or, just make the case that either backing up the data or not losing it is a commonsense part of doing a workmanlike job when you offer to repair somebody's computer.

You would think so but the problem is that Staples don't hire "workmen" they hire replaceable employees. Rather than standing behind quality work they hide behind the legal agreement (because they know that for what they pay their employees that many will be incompetent) that you agree to when you take your computer to a place like that (I guarantee that it pretty much says we are not responsible for anything no matter what).

The trick in this situation is

A) Find a lawyer who would be will to argue that their is like you said a commonsense expectation that they won't mess up you computer.

or

B) Just keep asking for the next highest person up the totem poll. Eventually you will reach someone who doesn't want to deal with you and realizes it is worth their time to simply cut you a check or more likely give you store credit.

fdeck from your website I can tell option B is completely foreign to you as you obviously stand behind your work, but unfortunately this is the problem with the idiotic corporate structure in which we live. It is never about right or wrong just cost benefit analysis.

6jase5 01-19-2013 09:08 PM

This is going to be a DIY process as a lawyer is not going to get involved. Microsoft and Apple don't guarantee your saved files either. I might suggest writing a local news consumer advocate. Most cities have one. I would also read any fine print as I'm sure that it states that Staples will not be responsible for any lost data....I would put money on it.

Stick to facts in any post you put on yelp, reddit, etc. Common sense, but Staples has deeper pockets than you. Bad press speaks volumes, but it needs to come from what actually happened, not your opinion of their employees actions.

Store credit could be reasonably expected if you keep up the fight. Good luck!

fdeck 01-19-2013 09:32 PM

In the future... some things that everybody needs to learn before going out into the big bad world are: How to plunge a toilet, and how to get the files from the hard drive of a computer that won't boot.

Ziltoid 01-19-2013 09:38 PM

Quote:

Originally Posted by fdeck (Post 13746285)
In the future... some things that everybody needs to learn before going out into the big bad world are: How to plunge a toilet, and how to get the files from the hard drive of a computer that won't boot.

I'd add: how do continuously have proper backups.

Strat-Mangler 01-20-2013 02:33 AM

Quote:

Originally Posted by SBsoundguy (Post 13745882)
When you get service done at a big box store all they really know how to do is wipe a drive or run virus scans and anti-malware programs.

Was going to post the same thing.

There's a difference between fixing a problem and eliminating it. Places like Staples perform next to not troubleshooting and eliminate problems by simply replacing parts or the entire OS.

They won't waste man hours trying to figure out a problem and then the solution. :rollno:

Eric Perry 01-21-2013 06:41 AM

Quote:

Originally Posted by hdracer (Post 13733554)
You took a computer in to Staples for repair???

That's like taking your bass to GC for a fret job......

Haha. Sad but true!

jugglingfreak 01-21-2013 08:25 AM

Quote:

Originally Posted by fdeck (Post 13745839)
Or, just make the case that either backing up the data or not losing it is a commonsense part of doing a workmanlike job when you offer to repair somebody's computer.

But it's not. I've worked 22 years in IT, from small computer repair, field tech, to corporate data centers.

Backup of data is the end users responsibility. If you check the fine print with Staples, something like that is probably in there.

It's a liability issue.

(Just an example, not saying you did this) without that clause, someone can bring there machine in, then say that lost a file for a contract, novel, whatever that was there before it was worked on and the technician has now cost them (insert ridiculous sum of money).


So the statement that it's the end users responsibility that is pretty standard procedure.

It was even the case when I worked in a corporate environment. I worked for the company, the person with the computer problem worked for the company and the computers were owned by the company. Backups still were the responsibility of the end user.


The only way you would have a case is is you had a recording or something in writing stating that they would back up your data first. Otherwise it's just your word against theirs.


EDIT

Yep, As I figured, right on their website: http://www.staples.com/sbd/cre/tech-...olumn_contents

Quote:

Note: All information on PC should be backed up prior to appointment.


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