The problem with the Geek Squad is that Best Buy managers are often so far removed from what the Geek Squad is and how it should work that it becomes a poorly managed mess in many stores. This is the crux of the issues many people have with the Geek Squad.
The truth is that the optimization service is a good one for many people. Best Buy creates the specifics of the optimization service based on feedback from their customers and from the Geek Squad Agents who work on their computers. You must realize that for the majority of the Geek Squad's customers, a computer (tower) is a "router," Toshiba is "Toshibia," Linksys is "Linksky," Windows 7 is "Windows Veesta 7," and that's only if they know the difference between Windows and MS Office (which MANY do not). We're not talking about people with even passing computer knowledge. For these people, not having an icon for Internet Explorer or My Computer on their desktop (as is the case in many freshly-purchased machines) is akin to having a car with no steering wheel or pedals. The optimization service is designed to maximize the usability of a new computer for those customers who need it.
The optimization service takes some time (30 minutes to an hour) to complete. To save customers some time, the Geek Squad will "pre-optimize" a small percentage of their computers. In doing this, they are not violating any laws provided they leave any minimum available quantity (if stated in the weekly ad) unopened. If you attempt to purchase a computer and all they have left are pre-optimized units, they are required to sell you the computer at the normal retail price. They can not force you to pay the optimization fee. They do have the option, however, to restore the computer to factory defaults before they allow you to leave with it, and they do not have to give you an open-box discount. If employees are breaking these rules (laws) it is because of the poor management I referred to earlier, but it is certainly not company policy.
The real villains here are Microsoft and the computer manufacturers for not providing a consistent and customer-friendly experience for new computer buyers. Some of it comes from simply economics and marketing: manufacturers can reduce selling cost by including loads of trial software, not including MS Office and antivirus software, etc. The savings are then (misleadingly) passed to the customer. (I am sure, though, that Best Buy's enormous purchasing power has some say in what the manufacturers do, though.)