![]() The Wares’ complaint said they paid $3,119 for the TV and opted to purchase the Geek Squad plan for an extra $519. “A service contract, by contrast, ‘calls for some consideration in addition to the purchase price of the consumer product’ or ‘is entered into at some date after the purchase of the consumer product to which it applies.’” “The Magnuson Moss Act’s interpreting regulations further clarify that a written warranty ‘must be conveyed at the time of sale of the consumer product and the consumer must not give any consideration beyond the purchase price of the consumer product in order to benefit from the agreement,’” Coleman wrote. ![]() 31, Judge Sharon Johnson Coleman granted that request.īest Buy said the MMWA doesn’t apply to Geek Squad Protection Plans because it is not a warranty, but a service contract. Durkin of Holland & Knight LLP, moved to have the complaint dismissed. That led to filing a similar suit in Illinois. After multiple amended complaints, the Florida court dismissed the claim for lack of jurisdiction. They originally filed their claim in Florida, though Best Buy is not headquartered there and the purchase was made in Chicago. In a single-count lawsuit, filed on behalf of themselves and “all others similarly situated,” the Wares claimed a violation of the Magnuson-Moss Warranty Act, alleging the service package violates the law by not identifying itself as a full or limited warranty and by not allowing them to choose their own remedy. The couple claimed the TV began experiencing trouble soon after, and couldn’t be repaired, despite contacting Best Buy, the Geek Squad and Samsung-authorized repair facilities. Tawanna and Anthony Ware bought a Samsung television from a Best Buy store in Chicago on June 8, 2013, along with an additional five-year service package. A federal judge has dismissed a beleaguered class action complaint accusing Best Buy of misrepresenting its Geek Squad product protection plans.
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