Legal Question in Consumer Law in California

I recently took my computer into Best Buy to be repaired under their protection plan. When I released the computer to them I asked that should the harddrive need replaced that it be returned to me, to which they agreed orally, and before I would sign anything. However after several days in their care they stated it needed to go to a repair center for the motherboard and processor to be replaced, and that the harddrive was coming up fine. Upon leaving the repair center, who only changed out the harddrive, and returning to the store it still no longer works. Only now they have stolen the harddrive and state the repair center will not send it back. Now the repair center has contacted stating that if we want them to try to get any data off we have to negotiate with them and pay them to see what they can do. Meanwhile the computer has been sent out to yet another repair center. Any way of getting my original harddrive returned? Do they not have to follow even the same type of legalilties as an automotive repair, at least they have to return any parts upon request that they claim to have replaced.

Any help and advice is greatly appreciated.


Asked on 10/28/09, 8:59 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

What are you trying to get the drive or the data off the drive? Technically they can't steal your hard drive but if it was found to be defective they could have replaced it. As for your data usually in their contracts they ask you if you backed it up or they offer to do it for you for a fee. If your drive failed or had to be replaced and you are seeking the data you will have to pay them to recover it for you because you didn't have a backup and in the computer world that is your responsibility.

Read more
Answered on 11/03/09, 1:37 am


Related Questions & Answers

More Consumer Law questions and answers in California