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Wednesday, April 8, 2020

Best Buy stores enrolled customers in AppleCare plans for phones without consent, woman alleges


By Jenie Mallari-Torres | Aug 3, 2018

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SEATTLE (Legal Newsline) – A Washington attorney alleges that she was enrolled in a service care plan without her consent when she purchased an iPhone at an electronics store.

Sharon Eldredge filed a complaint on behalf of herself and others similarly situated on June 15 in the King County Superior Court against Best Buy Co. Inc. citing the Washington Consumer Protection Act and unjust enrichment.

According to the complaint, the plaintiff alleges when she purchased an iPhone from a Best Buy store in Tukwila, Washington, the defendant enrolled her in an AppleCare+ service plan without her knowledge or consent. She alleges she returned to Best Buy five times to cancel the coverage, which was finally done in September 2017. She alleges the defendant's employees refused to give her a refund.

The plaintiffs hold Best Buy Co. Inc. responsible because the defendant allegedly failed to inform consumers that their units were enrolled to a warranty program and failed to timely honor consumer requests to cancel AppleCare+.

The plaintiff requests a trial by jury and seek judgment against defendant for damages, certification of the suit as a class action, award actual and treble damages, return or refund of all amounts paid, attorney's fees, costs of suit and other relief as the court deems just. She is represented by Toby J. Marshall and Blythe H. Chandler of Terrell Marshall Law Group PLLC in Seattle, Washington.

The defendant removed the case to the U.S. District Court for the Western District of Washington on July 25.

U.S. District Court for the Western District of Washington case number 2:18-cv-01093

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U.S. District Court of the Western District of Washington Seattle DivisionKing County Superior Court