Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I purchased an iPhone case from Best Buy and it was missing a piece. I called LifeProof to run the serial numbers on the case and they told me that my case was counterfeit. When I contacted Best Buy about the case, they denied that the product could be fake. Best Buy offered to exchange the product or give me my money back. I am distraught. I now feel very violated and I am terrified that other products that I have purchased from Best Buy are fake as well. Should I take legal action towards this?
You mentioned above that LifeProof stated that the case was fake. You should get LifeProof, or another professional, to state in writing that the product is fake and the verification methods used to determine the authenticity of the product.
You may take legal action against Best Buy if they do not provide you with a new product or full refund upon proving that the product they sold you was in fact fake.
If the product is validly fake, you may be able to sue Best Buy for engaging in fraud under your state’s unfair-trade-practice laws. In addition to damages, you may be entitled to your attorney’s fees upon successfully winning a judgment against Best Buy. If Best Buy sold you an authentic case and you no longer want it, you may be able to return the product in accordance with the company’s return policy.
