Comment by KennyBlanken

Merchantability and implied fitness? You absolutely could try sue the in small claims court for damages.

For extra fun: if the box carries a trademark from a standards group, you could try adding them into the suit; use of their trademarked logo could be argued to be implied fitness, if there are standards the drive is supposed to meet to use it.

At the very least they might get tired of the expense of the expense of sending someone to defend the claim, and it would cease to be profitable to engage in this scammery.