Best Buy Loses Laptop: Owner Sues... for $54 Million
Tue Feb 12, 2008 11:33PM EST
See Comments (5425)
Don't dismiss Raelyn Campbell as a crackpot. Not yet. Listen to her story, and then decide if she's doing the right thing by asking Best Buy to compensate her to the tune of $54 million for a laptop that went missing when she took it in to Best Buy for repair under the store's own extended warranty.
Like many people, Campbell bought an extended warranty for her laptop when she bought it from Best Buy, and she took advantage of that when the power button broke off after a year. Best Buy accepted the machine for repair and said it would be ready in two to six weeks. But six weeks passed and the computer wasn't ready. After three months of ruthlessly hounding the company, Best Buy finally admitted it couldn't find the machine.
Ultimately, Best Buy offered to pay her $900 for losing the machine... as a gift card. She countered that it had originally cost over $1,100, not to mention all her data that was now gone for good. She demanded $2,100, and Best Buy simply ignored her.
At this point, Campbell was made aware that all her personal data on the machine could lead to a major identity theft issue, though Best Buy never filed their legally required notice that she was at risk. That was the last straw, and she filed suit for $54 million, representing herself. Best Buy has since upped its offer to a total of $4,100 if she withdraws the case. She says she doesn't expect to win, but wants to go to court anyway to force Best Buy to explain how her laptop was lost.
I have to agree that $54 million seems wildly optimistic, but it's amazing to hear how smug Best Buy has been throughout this process. Lowball, "go-away" offers that don't even value property properly, much less the value of the data inside it, are frankly embarrassing, and good for Campbell for making an issue out of it... even if she doesn't ultimately prevail.
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7 Posted by amcafeworker on Thu Sep 3, 2009 2:52PM EDT Report Abuse
It is part of the the USA works magpagbst. It is a point that needs to be made. If things like this are allowed to go on then we never have any recorse when we are wronged.If this is not neer you. It doesn't afect your tax dollars one bit. First off she is not using public money nor does Best Buy. The judge gets payed any way so lets make him or her work.
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8 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse
I'd be suing for billions - the IP on my machines is probably worth that. Anyone who works in the technical field could easily claim multi-millions for a lost laptop.
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9 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
where was best buy's malicious intent? what proven damages has this lady suffered other than the loss of a laptop? what proof does this lady have that there ever was actually personal information contained on the laptop? this lady has no case . . . she is using the already impacted court system to make a point? this lady was ignorant enough to leave her laptop with alleged personal information at a best buy . . . a very busy place handling myriad transactions . . . it is an ecumenical tenet that not all transactions will be handled smoothly at a place like this . . . would anyone hand their driver's license, credit cards, social security number, etc to a best buy employee to hold for a couple of weeks? . . . that's essentially what this woman did and she needs to bear some responsibility for her lost information . . . this is a frivolous lawsuit.
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10 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
oh and rogueist . . . i don't think porn is worth all that much . . . lol
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11 Posted by alan_r_cam on Thu Sep 3, 2009 2:49PM EDT Report Abuse
It may not be deliberate malice, but I'd call it depraved indifference. There has been a blog about the value of an extended warranty... in this case, they offered one to Campbell. They took the money, they had an obligation. Whether they are a "cookie cutter" company is irrelevant. They need more than a slap on the wrist, if only to remind them of their responsibilities.
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12 Posted by ybotherasking on Thu Sep 3, 2009 10:55PM EDT Report Abuse
magpagbst - Your knowledge of the legal system is truly awesome. One does not need to prove "malicious intent" if someone else fails to use "reasonable and prudent" standards. If I drive drunk and kill someone I don't know, it would be hard to prove I had malicious intent. But my actions were not reasonable and prudent. When your take your car in to a busy dealership to have them work on the transmission, are you suggesting you need to remove the engine? D'OH!! The fact that Best Buy sold her an extended warranty is akin to the Good Faith Doctrine. Best Buy is representing they have the means to fix the computer without losing it, damaging it, or in the event of a catastropic failure (ie: can't even get the sucker to power on)to not release personal data to unauthorized entities. Since Best Buy can't even prove where the machine is, a prima facie case can be made that the personal data has been compromised. The burden of proof shifts to Best Buy to prove the data WASN'T compromised. Just because no one has thus far used the owner's personal data doesn't mean it won't happen in the future. Is $54 million excessive? Maybe. But it sure as heck ain't frivolous.
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13 Posted by mikedgolf40505 on Thu Sep 3, 2009 7:19PM EDT Report Abuse
While I an in favor of tort reform to prevent frivilous lawusits, in this case three cheers for her. I have had several HORRIBLE dealings with Best Buy and they could just care less. I do not know one person who likes shopping with Worst Buy, on the contrary most people I know hate them.
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14 Posted by mpputman on Thu Sep 3, 2009 7:27PM EDT Report Abuse
I don't mean to make light of the impact that "identity theft" could cause her, but $54,000,000 seems very excessive. I'm not sticking up for Best Buy. They were obviously negligent, and I've long felt that they don't care for the individual customer. They should be responsible for the damages they caused. I'm no lawyer. But isn't trying to collect losses for the potential of identity theft just insane? Should I sue McDonalds because they might make me fat by eating there? Should I sue a bar because they serve alcohol and somebody might hit me in a drunk driving incident when they leave that bar? Best Buy's negligence caused a lost laptop, and lost personal data. Beyond that, they only caused the potential for other losses. It just doesn't seem right for somebody to get paid for identity theft when it hasn't happened.
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15 Posted by super_dave_1984 on Thu Sep 3, 2009 9:49PM EDT Report Abuse
The dollar figure, while excessive, (and she won't get anywhere near that amount) is merely a negotiation tool. And magpagbst how can you put a dollar value on personal information? How much are pictures of loved ones worth? What about your tax information, bank records, etc. You imply she should have gotten that off the laptop before taking it in. She took it in because the power button was broken. Kind of difficult to get data off if you can't turn it on or don't know how to remove the hard drive to get your data off. It was under warranty so why should she go through the trouble? You buy the warranty so you don't have to do anything except bring it in and pick it up. And removing the hard drive probably would have voided the warranty anyway. Bottom line is Best Buy was negligent. They know it and are trying to pay her what they think is fair. Translation: what the lowest amount she will accept to just go away is. If and when it goes to court, the judge will rule in her favor and grant her a settlement. It will be much MUCH less than 54 mil, but I would guess more than the small change that Best Buy is offering. My guess is she will get a settlement for around 10 grand and Best Buy will appeal and challenge for a long time. She may get her money in 5 years. Put yourself in her place and see how you would feel.
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16 Posted by crash_davis6 on Thu Sep 3, 2009 3:30PM EDT Report Abuse
magpagbst & agustin2489...you are missing the point. Its not just screwing up the warrranty issue after seelling it to her. They lost it, yet did nothing about it for 3 months. They did nothing to let her know that she needs to change passwords to bank sights, emails, credit card #s, ste that are on the computer. Its the simple fact that they hid it from the customer. Who cares about the warranty. They tried to hide the fact that her info is out there, and they did not notify her immediately when she asked about her laptop. They LIED about where her laptop was. That is malicious intent putting her personal credit and records in harms way.
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17 Posted by aarofloyd on Thu Sep 3, 2009 2:43PM EDT Report Abuse
Ok, its not like they handed the computer over to somebody else, Its probably just at the wrong store or something. And the fact that shes so upset about all her "lost data", every computer owner knows that you need to back up this kind of information. And the fact that they offered her less is ok in my book too. The computer was used for a while making it outdated (this would happen with any computer!)
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18 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
well i see that this is a lawsuit happy society! i'll provide an example . . . i work in an emergeny room . . . patients sign in with demographic info and their chief complaint . . . all too often they'll write something like "i fell at nordstrom" with no mention of any injury! when the patient is in a room and the health care professional asks them what the problem is, the patient invariably starts as if he were presenting his case . . . "i was just walking into nordstrom's and there was this rock that i tripped over and caused me to fall . . . i told an employee but he didn't care . .." . . . the health care provider often has to get the patient's focus away from nordstrom's alleged negligence to discuss his alleged injury . . . "my knee hurts" . . . the patient had absolutely no guarded movements, facial grimacing,visible signs of injury to her knee . . . but stated that her pain level was a 10 out of a possible 10 . . . after a negative knee xray the patient was discharged . . . he wanted copies of all his medical records (an absolutely megative work-up!) . . . this guy was obviously posturing for a lawsuit . . . working in an er, the mantra is "avoiding liability is job one"
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19 Posted by handv2000 on Thu Sep 3, 2009 4:15PM EDT Report Abuse
To have a prayer of getting a handsome settlement, she'll need evidence proving there was confidential information on her laptop (which won't be easy). But I laud her for holding their "feet to the fire" because there are far too many companies that do not take sufficient safeguards with consumer's private information.
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20 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
. . . the next time you are waiting 5 hours in an er waiting room . . . keep in mind that this wait is due (among other variables) to the fact that the er physicians are practicing under the assumption that the patient sitting in front of them is a potential lawsuit . . . which results in a time-consuming and sometimes needless work-up . . . the only individuals assured of profiting from lawsuits are lawyers people! this lady is filing what is called a nuisance lawsuit against best buy . . . there is no evidence that this lady is accepting any personal responsibility for handing over alleged personal information in her laptop to a pimply-faced kid working at best buy . . . this lawsuit is a tantrum and the current legal system is all too accommodating . . . who's gonna end up paying for this . . . all of us people!! best buy will pass on this loss to the consumer with higher prices . . . our taxes will increase to maintain a legal system that is back-logged with other frivolous lawsuits . . . are you getting the picture?
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21 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
. . . oh and #12, ybotherasking . . . your knowledge of common sense is awesome! did this lady use "reasonable and prudent" common sense in handing over her laptop with alleged personal information in it to a pimply-faced best buy employee?? where is her mea cupla? answer me this . . . would you entrust and hand over your credit cards, social security number, rare family photos to a pimply-faced best buy employee?? WHERE IS THE PERSONAL RESPONSIBILITY PEOPLE!! everyone's knee-jerk reaction is to sue . . . much of the reasoning in these posts is because people don't like best buy . . . the expectation of getting personalized service from that type of store is unrealistic . . .
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22 Posted by jairaj on Thu Sep 3, 2009 4:27PM EDT Report Abuse
I don't know what Magpagbst's point is but there is not an issue of personal responsibility here, the custody of ownership passed to Best Buy, its not like she dropped the laptop at Best Buy and is suing them. Anyways re. your Poll Chris, I think she should sue, but its not about teaching the big bully a lesson but more about getting their attention. As companies get larger and more Bureaucratic there is litte we can do but sue. I have my own story of AT&T where the phone help told me to go the store and the store told me to go to the phone line for a replacement.. yikes!
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23 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
post #27 jairaj . . . answer my question!!! would you entrust and hand over your credit cards, driver's license, social security number, personal photos, etc to a pimply-faced kid working at best buy? i've bad experiences at places like this as well . . . you know what? i don't go there! i also warn acquaintances of my experience so that they can make there own prudent decision to shop there or not . . . rudimentary thought! . . . so please answer my question!! as far as your at&t issue . . . just go down to the store and simultaneously call their customer service line, put it on speaker phone and the three of you can work together to solve your problem . . . it's that simple!! the advent of "lawsuit-mania" has really dumbed down a good portion of the general population . . . their attitude is "i don't have to worry about personal responsibility . . . if things don't go my way . . . i'll just sue!!" . . . the decline of western civilization . . .
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24 Posted by leemorr23 on Thu Sep 3, 2009 6:48PM EDT Report Abuse
I can't believe the cavalier attitude of some of these posters. Accepting the offer means that she accepts Best Buy's behavior. I - like this tremendously brave woman - would rather lose in court AFTER my message is delivered then quietly go away. She trusted Best Buy to not only fix her computer (and MagPag, the reason she brought it there is because she bought it there and had an extended warranty for them to fix it...please tell me where you bring your car to get fixed when it is under warranty...thought so) but to take care of it...least of all to not lose it. And their wanton disregard speaks volumes about their corporate policy. She doesn't deserve $54 million, but she deserves something for her peace of mind and she deserves her day in court.
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25 Posted by adbrey2626 on Thu Sep 3, 2009 2:45PM EDT Report Abuse
Go get Best Buys Raelyn. I don't blame you. Good luck.
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6 Posted by trainmaster1989 on Thu Sep 3, 2009 10:19PM EDT Report Abuse
The problem with settling with the 4,100 is that it does nothing to Best Buy. With the 54 million, she sends a message to them saying that they should do something about it when they make a mistake, instead of just blowing off the customer. I hope she wins.