Team 5 Investigates discovered that while consumers are warned about final sales, they have no way of knowing if what they're buying is bad. In the Natick store, inspections are allowed only after a customer pays, and in Somerville, one sign says "Check your purchase," but another sign says, "Don't Open The Merchandise."
In Minnesota, we found a similar story. A family paid $1,500 for a TV at the Circuit City liquidation sale — and claim that they were prevented from opening the box to make sure the TV wasn't damaged. The TV was, of course, totally shattered. When the local Fox affiliate tried to investigate, they say they were "kicked out" of the store.
Meanwhile, back in Boston, the customers told reporters that they were going to try to get their credit card company to help them — but honestly, we're not optimistic. All sales are final in a liquidation sale. That's only one of the many reasons you should avoid them.
UPDATE: For those of you asking why state laws don't apply here, it's because federal bankruptcy laws are in play.
Customers Burned In Circuit City Closeout Sale [WCVB]
(Photo:catastrophegirl)
@RedwoodFlyer: Undelivered television and a television that was actually purchased and possesion taken are two different things.
Also, you also just said "pre-liquadtion purchases". Why are you even commenting? This was not such a purchase.
]]>@Outrun1986: Retarded. Coming from the inside THESE liquadtors did not "bring in their own merchandise". Where is your evidence to support that this has actually happened?
]]>@tc4b: Read the update under the story.
]]>@silver-bolt: This was the case with Circuit City. The End.
]]>I think I understand how the dotcom and housing bubbles managed to find so many suckers. I guess some people will believe anything is safe if an "expert" leads them to believe it.
]]>Personally, if I were buying any high value item under those conditions I'd make them plug it in and show me it works. If everyone did made them do so or didn't buy, the liquidators would comply pretty quickly.
I'm pretty sure that they are on a clock to actually make money on that kind of a deal.
And FYI, the kit is the one with the $100 rebate, I paid $80 marked down from $160.
Shop carefully and wisely and you'll do OK
]]>You were going to pay over a grand for guitar for Rock Band? I'll sell you one new in the box, never been opened for half that. I'll even ship it directly from Amazon.
]]>Well, sure, it would be nice if they were honest, moral guys.. But these are liquidators we're talking about.
]]>Dear Circuit City Liquidator,
Thank you so much for "allowing" us to purchase your "merchandise".
Best Regards,
"Consumer"
My $400 19" Quasar only lasted ten years before the blue screen of death hit. Go Sanyo! :)
]]>Why do employees care? Wel primarily becuase of the fact that the liquidators can fire anyone at anytime for any reason. And if they feel dickish enough they can find a way to fire you for theft ala helping customers open boxes. This causes the employee to loose benefits and loose unemployment. Sorry accmann that we are all not willing to "loose" our jobs for your precious sale.
]]>Way to be ignorant, the people who are "sign holders" are outsourced by the liquadation company, not circuit city workers. Possibly conflicing signs, but if people are so worried about the problem then they should take advantage of the opening station.
]]>It sounds like the savages are the employees. Using trickery (conflicting signage) to sell someone rocks is a good way to get shot!!!
And you should see the picture our local newspaper had of a CC employee holding up a 30% off sign at a street corner. The guy looked like a real cretin with oily long hair, dirty cloths and a stoned look on his face.
Talk about how to run off customers!!!
]]>Why don't let you inspect the item before you leave the store?
What do they care?
]]>Buying a functional TV from CC is a bad move. Zero local support, zero returns... and higher prices.
Even if their prices were better, doesn't anybody consider risk anymore?
]]>Agree 100%. Have read nothing but horror stories about CC liquidation all over the net. You have to be crazy to buy from them because the deals are not very good and they are not standing behind them.
My paper had a picture of the sale in the paper recently.
It looks like they are hiring cretins to stand out on on street corners holding signs with 30% off. The guy looked like he might be on something and need clean cloths and a haircut.
Best advice is stay far away from CC and buy from Amazon or newegg /etc.
]]>Excerpted from an article in Fast Company:
"The Wal-Mart vice president responded with strategy and argument. Snapper is the sort of high-quality nameplate, like Levi Strauss, that Wal-Mart hopes can ultimately make it more Target-like. He suggested that Snapper find a lower-cost contract manufacturer. He suggested producing a separate, lesser-quality line with the Snapper nameplate just for Wal-Mart. Just like Levi did."
]]>Fortunately IBM/Lexmark helped get me a replacement but they weren't obligated to do so.
]]>Sure thing
Here's some about the detergent:
[www.triplepundit.com]
Here's info about the toilet paper:
Don't forget that Wal-Mart was the driving force behind CFL's becoming affordable & widespread.
And here's one about the milk:
I highly recommend watching their Sustainability 2.0 video online, or just buying the DVD for $1...it's amazingly not just a PR piece - they point to some flaws in their current state and what they're doing to change those...
]]>Several points to make here:
1: Knowing what the terms are in advance, you have the choice of proceeding with the transaction knowing the risk you're taking, or insisting on checking the contents first before you buy. Since all sales are final, as clearly posted, you have the option to ask them to permit you to inspect the product, or go across the street and buy the identical item from Best Buy, for more than likely a lower cost.
2: You are probably not actually buying the merchandise from Circuit City. Most liquidators either buy the entire inventory for a fixed price, or in some cases, for a percentage of the total sales. The use of the trade name for the purposes of facilitating the liquidation sale may be part of the terms of the agreement.
3: Despite what is posted above, I believe local and state consumer laws may very well apply. Once again, it depends on who owns the merchandise being sold. If the liquidator acquired the merchandise through a bulk bid, and are reselling it on their own behalf using Circuit City's name, state and local laws most certainly do apply.
And even if the assets were still under the direction of the bankruptcy court, I am unaware of any prohibition regarding the inspection of a liquidation asset prior to or at the time of purchase. This sounds more like a condition of sale imposed by the liquidator. Part of the proof of my point is that even in liquidation sales supervised by the federal bankruptcy court, sales are still subject to state and local sales taxes.
Federal bankruptcy courts rarely impose restrictions which circumvent consumer protection laws. Even bankruptcy auctions generally permit a reasonable inspection prior to bidding.
This sounds more like the policy of the liquidator. You can choose to accept their terms, and take the risk, or decide not to do so.
]]>I feel bad for the people, but why would you not check your purchase before leaving? Everything I've read on this website has always been to twist it against the company, but in this case I must say it is the consumer that is at fault for not checking their purchase.
You all must realize this is like shopping at a garage sale, this is no longer a company it is a country-wide rummage sale. If you fail to check what you are purchasing, that is your own fault.
]]>On the flip side why do the employees care if they let someone exchange something like this? They are all loosing their jobs.
]]>Circuit City isn't handling the liquidation at all. They are being liquidated by the same ones that did CompUSA. Circuit City is gone, the blame lies strictly with the liquidators.
Interesting concept though, saying you can't check before you buy, but then say you can check after you buy, but all sales are final...
The interesting part is, what if they were selling this product and knew it was broken? You can't prove it, which makes me believe that is the kind of thing they are likely to actually do.
]]>Trick is confusing Micro Center with another retailer such as CompUSA. Micro Center's Orange County store is profitable and has NEVER held a liquidation sale. You can visit it online at [www.microcenter.com]
Ed Lukens
Marketing Communications Manager
Micro Center
"Even if you don't know anything about the shadiness of liquidations, it's not rocket science that if a store is on its way out, expecting good customer service is not common sense."
Why don't you go teach people COMMON SENSE with your time. Even when I was little, well before I had ever heard of the Consumerist or was at all financially savvy. It was easy. I knew that sometimes electronics end up broken. I knew that a store that was going out of business might not be there for a return very much longer. I didn't buy from such stores. How is this difficult or holier-than-though? Why would you buy such an expensive thing with no warranty, and a questionable ability to return it when quite often, such things take a month or longer to display defects?
]]>Most stores when you buy a TV will open the box to verify the contents, make sure the TV is in there and that it is not smashed. Its not really necessary to test it out right then and there as most retail stores will take back a TV if it doesn't work out of the box.
]]>From the Mass. Statutes.....
Chapter 106: Section 2-316. Exclusion or Modification of Warranties
[...]
(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty;
[...]
I don't know who put that web site together that you mentioned (mass.gov!), but it's wrong.
]]>@aguacarbonica: Not everyone has the same information we have, bucko. You might be savvy, but not everyone is.
Rather than taking a holier-than-thou attitude, your efforts would be better spent educating people. Spread the word about this site or something. Make sure people know better instead of just assuming they do.
]]>@silver-bolt: Yeah, I get what you meant, or at least I think I do. It appears that you were questioning why he'd ask to open it when it had already been opened before, instead of just...opening it himself. Am I right?
]]>@RedwoodFlyer: Documented examples hold more weight. So links if you'd please. I'm actually very interested in what you're on about.
And that isn't sarcasm, I promise.
]]>Doesn't the product have to work for the use for which it was intended? Such as the television. The television might be dented and scratched but it still has to play, otherwise you are entitled to a refund.
]]>You're allowed to test out anything after you buy it. I would highly recommend testing anything openbox if it is not already on, and if possible test all the features you plan on using before leaving. Such as all HDMI inputs on a TV.
]]>These liquidators are major companies in the business of doing this type of sale. The Attorney General should be investigating any policy that says "you can't check the merchandise to see if it's broken" BUT "if it's broken when you do after paying, no refunds."
It is just absolutely STUPID to buy at these sales. The prices are usually high, the merchandise damaged. Why do people insist on shopping them!
]]>@supercereal: A far stretch of opening to destroying it, as long as its not shrink wrapped, in plastic casing, or taped up. If it can be opened without damaging, there is no destroying.
]]>It's true. The property is not yours until you pay, and you have no control over it (re. opening the box, hooking it up, etc) until you've paid for it.
Buying as-is without inspection is like lending money to friends. Never spend more than you're willing to lose.
I hate to be anti-consumer here, but those people were stone-cold 100% idiotic for buying the TVs to begin with [under those restrictions]. Actually, I'm going to give the legal system 5% of the blame for not protecting consumers in this situation.
]]>@VeeKaChu: An alarm going off can be considered, by law, reason to detain someone for shoplifting. Nj again.
]]>@coren: The thing is, there could be hundreds of thousdands of reports of Gordon Brothers screwing customers, but it doesn't matter. It's not like they are going to lose potential customers. The next place they liqudate, most people won't know who'd doing it, nor to avoid that particular liquidator.
]]>So let's start bashing the son of a gun Liquidators.
We know some of their names. Use them.
Circuit City is Gone.
Let's put Gordon Brothers out of business.
]]>Thank you...BINGO!
]]>No there are not! There are products made for different distribution channels...such as one line for K-Mart/Wal-Mart, one made for CC, Best Buy,.. and one made for Crutchfield, Magnolia, etc... but rarely is a product made specifically for one store. Name 10 products (a reasonable number since "a ton" of models are supposedly made for WM) that are single-channel items. Store brands obviously don't count.
Now..if you want to talk about things that are made specifically, why don't we talk about things like Milk... Wal-Mart is mandating the phaseout of bovine growth hormone, and milk suppliers are caving in since WM is so huge. Or maybe we should talk about Pineapples - WM demands a longer shelf-life for those, so Del-Monte gives them the newer product. Or maybe we should wonder on over to the toilet paper aisle...where Wal-Mart is demanding a reversal on the practice of using a huge center tube to shortchange your ass of wiping tissue. And when you need to get rid of your skidmarks because you ran out of TP that you bought from Target, you can thank WM for pressuring companies to remove the excess water from their detergents, to save space, shipping costs, fuel, plastic, etc.
Basically...provide concrete examples like I did...don't just rattle off some propaganda one-liner.
]]>i think he was pretty upset he was losing his job and didnt give a shit about whatever policy the liquidator had lol.
]]>@Rob Weddle: As I've stated in other threads (mostly receipt checking items) unless you are breaking the law, stores have only two real rights. They can refuse to sell you a thing, and they can ask you to leave.
They cannot look in your bags (as in the ubiquitous "We Reserve the Right to Inspect..." signs), they cannot force you to allow them to inspect items you've legally purchased, nor the receipt that they gave you when you took ownership, and you don't have to "come back" when the alarm goes off because their cashiers can't de-mag a DVD (or goes off for any other reason).
So the whole "Opening Items = Shoplifting" threat is as empty and meaningless as Bush's brain. If you don't steal the item, and don't render it un-salable in some other regard, then what harm is done? The retailer certainly wouldn't be able to claim that they can't sell "open" items, because they quite clearly do.
So yeah, it's just more dick-headery from the 'repo men of retail' who are only interested in the fabled "phase 3".
]]>He can say it because he's a parrot for the union-funded Wal-Mart bashing groups.
]]>Wal-Mart puts pressure on suppliers to reduce costs, but they do have some criteria for items that shouldn't be shortchanged.... among those are that Wal-Mart expects a quality product, and they also impose wage-floors for overseas suppliers - which I find quite admirable.
Don't forget that Wal-Mart is the reason that the bovine growth hormone was phased out by Kraft and most major dairy suppliers...It was also Wal-Mart that became the first retailer to independently test pet food, toy lead content, etc.
]]>and they kept telling me to just go to [www.kccllc.net] and file a claim except I see nowhere on that damn site to do so
good riddance Circuit City
]]>@HunterJoules: So, what is to stop this liquidation company from putting bricks in tv boxes, and selling them as TVs?
Since all sales are final, there is nothing you could do. Right?
]]>Also...I keep hearing that "It's not Circuit City anymore...it's the liquidator company"... fair enough. Well...since the liquidator isn't going bankrupt, why are bankruptcy laws CYAing?
]]>@ztoop: Problem is this liquidation is done on a Federal Bankruptcy, I'm sure that Federal Law will trump any state laws, at least the liquidators will use that defense.
]]>Chargebacks actually can protect you even with pre-liquidation purchases - I was able to successfully make a chargeback claim for an undelivered television when Montgomery Wards went out of business in 2000.
]]>Ethics and Circuit City?? Why start now?
]]>Take a look:
[dealnews.com]
It's not clear from the article whether they actually asked if they could open it, or if they just dutifully obeyed the sign. I went into a Circuit City for the first time since the liquidation started yesterday. I saw the signs. First thing I thought was "why the hell would I buy a $1000 TV with a NO RETURNS policy if I can't verify it works?" Simple solution - ASK. Find the guy in charge, and tell him that you'll buy the TV if you can open it first and verify that it works. If he says no, walk away. Let some other sucker take the risk. The NO RETURNS sign is right at the front of the store; the risk is known before you even see any of the products.
The article also doesn't say how the TV was transported; if they laid it flat in the back of a pickup truck, the damage very likely occurred between the store and their house.
]]>@Corporate_guy: Umm. No. This liquidator specializes in liquidating electronics retailers. The argument wouldn't pass the sniff test.
]]>Circuit City doesn't exist.
A liquidation company is handling it.
HA! That was fun. :D
]]>Although I've come to realize that is seemingly the best option. Why do credit cards care to get you back the money you lost? I've had disputes before with one of my credit cards, and within a day, I had my money back, as I was charged for something on a website that I did not receive, and couldn't get in touch with anyone at the company.
I figure it's to keep me happy (and boy did it do that), but do they have to do that? I don't get it. So many companies want our money, yet my CC company will fight to get my money back if wrongfully taken.
]]>Good luck on getting shoplifting charges pressed as well. Most stores have to wait until you leave the store before they can press charges.
I remember when MicroCenter went out of business in Orange County, CA. I went to it and I found some oddball items that nobody wanted for cheap. I opened each item and when we went to pay, the clerk was being a total ass about it. I'm talking a real pompous ass about not being able to open items up...
My normally docile better half got to the point that she said "I know you are losing your job and all but you think acting this way towards us will keep me from punching you your or pompous little face you are seriously mistaken..." also meaning she will expect me to do the punching of course!
I wanted to punch that little douche... but I was more afraid of what the better half would do to *me* if I dared say so...
]]>If there is anything left when I go I might buy something with packaging that allows me to see that it has not been tampered with and that the item is still in the package. Like an undamaged blister package or see-through box. So far I haven't even stepped into a CC store under liquidation left.
]]>I bought a 27" Sanyo CRT television at Walmart five or six years ago for about $250 and it was fine. It still worked great when I bought a new TV and gave it away. The remote was a piece of crud, but that can be easily replaced.
I'm not standing up for Walmart; I'm just saying that it's possible to get decent stuff from time to time. As for liquidation sales, they don't care if it's broken. They just want the money.
]]>So a cheap Wal*Mart TV that works or can be returned is not as good as a big piece of crap from Circuit City?
Wal*Mart has its issues and I refuse to shop there but they are freaking Gandhi compared to Circuit City.
]]>even better - they can buy empty boxes, fill them with bricks, and resell them!
Hey, it works for Best Buy, and they aren't even liquidating.
]]>Way to blame the customer.
]]>It sucks these people lost their money but really they should have known better. There is no such thing as a good deal with companies that have went bankrupt.
]]>I have never been to a liquidation sale where there were NOT opened boxes.
]]>UPDATE: For those of you asking why state laws don't apply here, it's because federal bankruptcy laws are in play.
Reading is fun!
]]>Most states have implied warranties of merchantability, which I would imagine would apply even in a liquidation sale.
]]>Wait, CIRCUIT CITY no longer exists? I thought this was Radio Shack? WTF?
]]>@asplodzor: I was being sarcastic. Read all of the spam above ;) I know how it works.
]]>Though the Onkyo receiver I bought is working wonderfully.
]]>The answer here is actually quite simple, but tough to pull off.
Don't buy anything from CC at all. Let the liquidator stand there and look at an empty store full of s--- for a few days...or weeks.
Of course, this requires some discipline on the part of the public...
This could have all been avoided very simply: Don't buy anything at any liquidation sales. Period!
]]>OK! We get it!
Hey, I have a question...does Circuit City exist?
]]>What the TV report didn't emphasize is that the consumer in question is disputing the sale through their credit card company. They should prevail with this approach. One more reason to always use a credit card for a purchase from a vendor you're not sure about
]]>A Philips 47PFL5603D at Wal-Mart is the same 47PFL5603D you would buy at Best Buy, Circuit City, or Amazon.com.
]]>Ok, there is a huge point that seems to be forgotten here or at least was ignored by all the investigators.
Our CC store is set up the same way- items cannot be opened before the purchase. The point of the "testing station" is that if a customer opens a product right there in front of us, and there is legitimately a verifyable problem/defect/missing parts, our Liquidation Manager WILL allow a return/exchange.
If the customer chooses to not at least open and visually inspect the merchandise before leaving, it's their own fault and our LM will not extend them the same courtesy. The signs about not opening the merchandise is because people are, for lack of better words, savages, and it creates issues of missing/damaged product, or yes, as mentioned, attempted theft, which there is ALOT of. If we see someone opening a box, we have to assume they might be stealing something from it.
That said, it was the customer's own fault for not inquiring about testing the product before leaving, and the news company should have investigated a bit further before simply going "Gee, they have 2 conflicting signs up, news story!" Nothing was stopping the customers from opening their item before leaving.
]]>We are not yet at the point where companies can make up laws.
Well, not directly, anyway.
]]>God, learn to read. I did not say that box was open. I specifically said "I could tell the box had been opened before." Which means was opened in the past, but not in the present.
Maybe you go around retail stores ripping open boxes, but I don't.
]]>@NotATool: Taken to its logical end, why would anyone buy anything at a liquidation sale if there isn't the most basic of protection?
That box over there...yeah, that's a TV or maybe a box of rocks or tissue paper.
]]>Liquidation (def) - a sale where the discounts are not commensurate with the risks
]]>This is certainly underhanded by the store.
But, at the same time, if someone is willing to fork over $1,500 for a mystery box, all sales final...well I guess sometimes greed can cloud good judgment.
]]>@Xerloq:
Chargeback for a purchased "as-is, no returns" item? They'd have to make a case that the store is falsely representing that all the products are in working condition. I think there is an argument there... there is implied representation of functionality even for "as is" products, especially when sold at full price.
Still, the credit card company will have a hard time getting around the fact that you want a chargeback on a item which was clearly sold as-is, no returns.
]]>They could argue a liquidator doesn't usually sell any certain kind of goods.
]]>Shockingly, I was told "no."
I said, "You want me to buy a product that I cannot return sight unseen?!"
The clerk stone-faced replied, "I can't open it. If you don't want it, don't buy it."
I didn't buy it.
I hate to blame the victim here, but really, who would spend over a grand on something sight unseen which they cannot return?
]]>The sign in the CC near me said they consider opening packages the same as shoplifting and will prosecute. Nice way to have your cake and eat it too. Can't inspect before hand, can't return after.
]]>@redskull: Circuit City no longer exists.
This is a liquidation company making decisions.
Sorry I couldn't help myself ;)
]]>I'd shop ANYWHERE before Walmart.
]]>@Matt McNabb: I think Circuit City still owns the stores so they make the decisions...
]]>@Matt McNabb: Stop confusing me!
]]>The sad part is, as well, the Walmart TV is a specific Walmart model and would be made more cheap than the tv from circuit city
]]>Wait, just so I'm clear here, does Circuit City exist? Who is making the decisions?
Gee, I wish someone would let me know, multiple times even ...
Circuit City stunk when they were open, so why would anyone expect things to suddenly improve during their liquidation? I wouldn't buy a pack of gum from them, much less a $1,500 TV.
]]>I bought a copy of "Orange Box" for the PC for $19.99 with 10% off and the following week the same game was $29.99 for 20% off.
]]>Umm...sorry to break it to you but the Twinkie factory is now a Nordstroms and some condos. Long time gone, can't go back to Twinkistanople...
It's also just down the road from the tire slashing Dunkin Donuts :)
]]>Circuit City no longer exists.
This is a liquidation company making decisions.
]]>Circuit City no longer exists.
This is a liquidation company making decisions.
]]>@Pylon83:
Circuit City no longer exists.
This is a liquidation company making decisions.
]]>Defective Merchandise:
A store, however, cannot use its disclosed policy to refuse the return of defective merchandise. When the item purchased is defective, you can choose a repair, replacement or refund. This right is contained in the Implied Warranty of Merchantability law. Under that law, merchants cannot limit your remedies. In addition, this means that if a merchant chooses an "All Sales Final" return policy, it must disclose that policy without limiting your rights. For example, the disclosure of the return policy must be similar to a posting which reads:
"All Sales Final, With the Exception of Defective Goods." (940 CMR 6.12)
"Implied Warranty of Merchantability:
Under the implied warranty of merchantability, the merchandise must do what it was designed to do with reasonable safety, efficiency and ease, and for at least a reasonable period of time. For example, a toaster must toast, a TV set must have a picture and a clothes dryer should not overheat and catch fire when properly operated.
Every item sold by a merchant in Massachusetts automatically comes with the implied warranty of merchantability. There is no warranty of merchantability if the seller is not a merchant, or if the seller is a merchant but does not ordinarily sell goods of that kind. For example, a computer purchased from a restaurant that does not usually sell computers will not have this implied warranty.
Under this law, a merchant cannot sell merchandise "as is", "with all faults", or with a "50/50" warranty. (M.G.L. c. 106, §2-314)"
]]>Its not like buying a used car, which you know is used, and have the option of getting it checked out by an independent mechanic.
IANAL, Laws Vary.
]]>Unfortunately, they can refuse service to anyone. If they see you beginning to open a package, they can kick you out. As long as they don't do it along discriminatory bases, (i.e. race, religion, etc.), I do believe it's legal.
I would never buy anything at a liquidation sale, **especially** from Circuit City.
]]>