Future Shop is Ripping People Off!

My story begins 26 months ago, where I made one of the dumbest mistakes in my life: I went to Future Shop to buy a new notebook computer. Unfortunately I wasn't as technologically savey at that point in my life, so I spent over $1800 on a Cicero notebook.

I did not use the notebook too often, usually opting for my desktop computer. After 14 months of limited use, the notebook overheated and the casing around the battery melted. The computer still worked, but only if plugged in, or resting on a hard surface. If I moved the computer or even picked it up slightly, the battery would lose its connection. At the time I saw it as no big deal. I didn't use the notebook without it plugged in anyways. Plus I was two months past the expiration of Future Shop's warranty. I knew at this time Future Shop was infamous for poor customer service (which is an understatement as I recently found out), so I decided the defect was not worth the hassle.

Recently (26 months after I purchased the notebook), the computer has been overheating within three minutes of being on. This causes the computer to shut off and makes it useless. I thought of the $1800 I spent on the computer and found it hard to believe that Future Shop was not liable for any cost of the repairs for the computer. Fortunately for me, I have a lawyer in the family, so I asked him if the vendor was responsible in a case like this where a product doesn't live up to its expected lifetime. He directed me to a piece of Saskatchewan Legislation called the Consumer Protection Act (which there is similar legislation inother provinces).

Here's the part few people know...

According to the Consumer Protection Act all products sold come with these unwritten "Statutory Warranties" ("Consumer Protection Act -PDF", Section 48). These warranties define what any reasonable person would expect when they purchase a product. Basically they guarantee the product works as it is supposed to and fits the description of what the consumer thinks s/he is paying for. In my case, they also guarantee "that the product and all its components are to be durable for a reasonable period,..." ("Consumer Protection Act -PDF", Section 48(g)). So the law says that my notebook, including its parts (i.e. the battery) should last a reasonable ammount of time. What is a reasonable amount of time? Obviously it differs depending on the product. But I do believe that a battery for a notebook should last longer than the 14 months when it overheated, I feel it should even last longer than the 26 months when the computer became ruined. I think most people would agree. Simply put, does anyone go and spend more than $1000 on a computer expecting it to last only two years? If this statutory warranty is broken, the vendor is liable to the consumer for the cost of repairs, or if the product is beyond repair, the vendor is liable for the purchase price of the product ("Consumer Protection Act -PDF", Section 57(1)(b)).

With this new knowledge, I thought surely Future Shop would be willing to incurr the costs to repair my computer. I took the notebook in to Future Shop and asked them if the could repair it. After they found out it was over a year past warranty, they said I would have to pay for repairs. When I mentioned the Consumer Protection Act, the manager I was speaking with brushed it off by saying he thought there might be a battery recall on these computers, in which case I would not have to pay for anything. I left the notebook with Future Shop's repair centre in hopes of a quick response, because afterall, it shouldn't take long to see if a battery has been recalled.

A week later I had still not heard from Future Shop. After trying to telephone them and being left on hold for 30 minutes multiple times, and leaving multiple messages, I decided it was something to deal with in person. I went in to the store on three different occasions before I found somebody who was able to help me. This time it was a different manager. He checked the status of my repair and said the tech employees had not gotten to it yet. When I explained it was simply a case of looking into a recalled battery, the tech support employee who was on duty overheard and informed us that there has never been a battery recall on a Cicero notebook. I was furious, I felt like I was getting the run-around. This was even confirmed when I saw the repair drop-off slip that I signed when I first took the notebook in. A note was written on it that wasn't there when I signed it. It said, in all upper-case, "CUSTOMER DOES NOT WANT TO PAY FOR REPAIRS". Of what relevance is that to the tech support employees? To me that translates to "don't bother fixing this anytime soon".

I was very frustrated that Future Shop had not even looked at it yet. Luckily the Consumer Protection Act covers this situation. It says that if the vendor can not, or will not, repair the product within a reasonable amount of time, the consumer can take the product elsewhere to be repaired, at the vendor's cost ("Consumer Protection Act -PDF", Section 57(1)(a)). So I left with my computer.

I took the notebook to three computer service centres in Saskatoon and I was told the same thing by all of them: "We can't get parts for this computer, we can't do repairs on this brand and there is nowhere else in the city that can". Unsure of how I was going to get my computer fixed, I called the manufacturer. I spoke with their customer service employee and I found out that Cicero had gone out of business, and I was speaking with a representitive from a new company, who took on Cicero's warranties. He told me the only place I could take the computer to have someone take a look at it was Idaho, in the US. He also said that since the company was no longer in business, parts would not be available.

Something else that all people should know...

So here I was with a computer that did not meet the Statutory Warranties defined in the Consumer Protection Act. And even if Future Shop did recognize the Consumer Protection Act, there was no way to repair my computer. This is also a violation of the Consumer Protection Act, which states "where the product normally requires repairs, that spare parts and repair facilities will be reasonably available for a reasonable period after the date of sale of the product" ("Consumer Protection Act -PDF", Section 48(h)). This basically says if a product is known to need repair (which computers do), the vendor must have the resources to do this, otherwise it is a breach of the Statutory Warranties.

Knowing that Future Shop had now violated the Consumer Protection Act in two different ways, I set up a time to speak with the Store Manager at Future Shop and I brought my lawyer in order to explain the legal side of things. We spoke with the manager, and whenever we refered to the Consumer Protection Act, his exact words were "that's not the way I read the law". That was the worst cop-out I have ever heard. Making no progress with the manager, he offered to pass our complaints on to Future Shop's legal department and he said that they would be in contact with me.

A week after that meeting, I had not heard a thing from Future Shop, so I emailed the manager asking him if he did forward on the information to his legal department. A WEEK later he replied to my email, simply saying "yes, they'll be in contact with you". I replied asking when, and it is now a week later and I'm still waiting for a response.

The most important thing all people should know...

First, and most obvious, don't buy anything from Future Shop. They won't stand by any of their products. Also, they quite blatently ignore the law. And secondly, know what rights you have as a consumer. I know Alberta, Ontario, Quebec and Manitoba all have legislation similar to Saskatchewan's Consumer Protection Act, and I'm sure the rest of the provinces/territories do too. Just because a product is past warranty, does not mean the vendor isn't responsible for it anymore. Also, know that you have a right to repairs. When I was in Future Shop for my last meeting with their manager, a lady was at the customer service desk with a new looking video camera asking for a repair. The Future Shop employee told her that they don't service those anymore and that she was out of luck.

Know your rights, and don't trust Future Shop.