Returning defective software at Target is ‘against copyright law’
Update: Lora actually got the game to work by, no shit, hitting the space bar a bunch of times. WTF!? Regardless, it’s still defective but at least I don’t have to deal with Target anymore. Original story below…
On December 22nd I went Christmas shopping at Target. I wanted to get my wife something fun for the computer and found Scrabble Complete for $9.99 in Target’s software section. I looked it over and my computer exceeded all the software requirements. A week later, when we finally get around to installing the software we are greeted with a blank, black screen. I’d post a screenshot, but that’s all you get. You can see your cursor, but nothing happens. We had to puch the power button to reboot the computer because you can’t get out of this screen, you can’t use any hot keys, can’t Alt-F4 your way out of this, pressing the Windows key doesn’t do anything. It just crashes everything.
After going through this twice, I hopped online and tracked down a reference to this exact problem here. After following those instructions I was treated to the exact same problems. That’s it, there was nothing further about the problem on the website and at that point I decided to quit wasting time. Well we finally got into Target today to return the software, and this is where customer service and supposed copyright protections turned into a fucking nightmare.
After explaining my problem to the customer service lady I was told that I could exchange it for the exact same product. Problem: I’ll just have the exact same problem. I asked her what happens if I take home a new copy and get the same error, and it turns out that I’ll never get my money back, because of ‘copyright law’ I’m told. I tell her again that I have uninstalled the software, and she smiles and says there is no way to verify that. I explain, again, that I’ve broken no copyright law, that the software isn’t on my computer anymore, and that the software itself does not work. At this point an employee named Mike becomes involved and starts saying the same things about copyright law. That they would be breaking ‘federal law’ if they gave me a refund. Diane offers to try to find a print out of this part of the law for me. It just gets so bad at this point, because I am very frustrated and repeating over and over again that the software itself is defective. Finally I’m given an 800 number to call, which I would later be told is closed on Sunday, and I’m basically sent on my way.
At this point, I find Lora and I’m just ready to leave, but I go over to where I originally bought the program and find an OPENED copy on the shelf. I find Mike and show him the open copy. “Well, that certainly shouldn’t have been put back on the shelf sir”, etc. I ask why he isn’t calling the 800 number for me, waiting on hold instead of me, and this is when I’m told the 800 number (1 800 440 0680, if you’re wondering) isn’t even staffed on Sundays. I ask him how it can possibly be fair for Target to sell defective software and then refuse refunds for it. He keeps mentioned copyright law and federal law, and that Target would be breaking the law by giving me a refund or anything other than the exact same BROKEN software. At this point, I’m so on the edge that I just have to go and we head home.
When I got home, I reinstalled the software again, tried all the solutions again, and still it’s just broken. I then installed Scrabble Complete on my HP ZD8000 laptop - again, exact same problem, exact same crash, on a totally different system. I went to Target’s website to try to find a better explanation of their return policy (the policy printed on the receipt doesn’t even mention defective merchandise). Just like the store receipt, it says that music, viedo games, movies, and software cannot be returned it they are opened, but there is no exception for the product being defective. The entire policy only mentions defective merchandise once, near the bottom, and it’s in reference to items purchased at Target.com:
The following items cannot be returned to a Target store, and must be returned by mail:
• Items listed as “Web only” on their product description page.
• Items purchased from the Amazon.com store at Target.com.
• Items that have been replaced because they were defective, damaged or incorrect.
Basically, all of this made me upset again so I called Target and asked to speak to the manager. I was put on the phone with Greg, the manager on duty (aka, not the actual manager. wonderful). I told him my story, that the software itself was defective, and that I had installed the software one more time just to be sure. He gave me the same line, that they can’t give me a refund, blah blah blah, then he started mixing his works. At one point it was ’store policy’. Then it was ‘copyright law’, then ‘federal law’, then ‘federal retail law’. I finally asked him to read me exactly what he was looking at:
“The return policy is based on federal copyright law”.
I asked him where he was reading this and he refused to tell me. I asked if it was his operations manual and he said he felt he shouldn’t tell me anymore. This kept going and going, all the while I’m just wondering what the hell is going on, I’m the customer for God’s sake. He finally tells me this is from “page 1 of the return policy manual”, and suggest I call the 800 number on Monday. I lost it at this point and went off on him which I regret. I work Monday through Friday, I shouldn’t have to interupt my work to deal with this, etc., etc. It was bad, I was bad.
My initial complaint in all of this was that copyright law shouldn’t, and probably doesn’t, have a damn thing to do with this, but since that’s the excuse they used I decided to fight. After all of this I did some more searching, and it turns out that a lot of people are having trouble with Scrabble Complete. Read the Amazon reviews here and here, and complaints from the Atari forums here and here. One person even mentions throwing the game in the garbage. I’m upset at Target more than anyone else. If this is actually their policy then it is a total kick in the face to every Target customer. There were at least 8 copies of Scrabble Complete still sitting on the shelf this afternoon. That’s $80.00 worth of broken software that Target doesn’t have to give refunds on.
I sent an email to the EFF regarding this and hope to hear back. If you want to ask Target about this policy they have a contact form on their website (remember, customer service takes Sunday off!). If you want to hear Mike or Greg or Diane explain copyright law you can call my Target at this number (just press zero): 1 785 832 0660
January 15th, 2006 at 5:44 pm
Sucks that the software does not work for you. Have you tried contacting the technical support number in the manual for the software?
Also, you mentioned you had tried a few different things from websites, have you gone here and tried the different options? http://www.atari.com/us/support/newfaq/scrabblecomplete.php?browser=1&pageDisplay=MAIN
Just trying to help cover all bases…
It is unfortunate that we have to live in a world where we cannot return things that are defective because too many people have abused the service. If you have not tried swapping out your copy for a different copy from the store, I would suggest trying that at least once to see if your copy was a bad printing from the factory. If that doesnt work, call Atari tech support (their phone number should be in your manual and on that website I linked you earlier)
January 15th, 2006 at 6:22 pm
I appreciate the tip. Lora actually just made the game work by pounding the space bar a bunch of times. What a hilarious solution to an excruciating waste of time. I still feel that the reason cited by the Target employees was wrong. I spent 7 years doing customer service at Barnes & Noble, and you are always felxible with your return policy. They would not have been breaking any law to give me a refund, and that they seemingly believed they were is disappointing to me.
January 16th, 2006 at 9:13 pm
Oh, Burton. I just cannot see you “going off” on someone. Hehehe.
January 16th, 2006 at 10:23 pm
Target seem to be really crazy with their ardent adherence to their return policy. Last month at the Target by my house, I watched a lady throw her keys at a clerk’s face and get escorted out of the store by security. She was angry because they wouldn’t return one stupid thing. It doesn’t make sense to me that a company raking in billions a year won’t bend over backwards for frequent customers with infrequent problems. That, in this case, applies to you and not the crazy key-throwing lady. I think she was a little too high on the crack that day or something, her eyes were almost jumping off her face. The other people in line were recording her on their cell phones.