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Dell Class Action email ???

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September 1, 2011 3:26:02 PM

A few years ago I had a nightmare experience with Dell involving a failed modem and an extended home service warranty. Basically, I had Dell service people [India] on the phone for 2 weeks during which time they were unable to diagnose the problem. I was switched to software and then back to hardware and I called it quits after that amount of time and effort resulted in no solution. I was told that their telephone service prople must diagnose the problem before a service person would come to my home. [contrary to the sales pitch]. Anyhow, I hired an outside repair person who diagnosed the problem in about 15 minutes and replaced the modem. Computer worked fine, and still does.
I then attempted to find a class action lawyer to take my case since the manner in which the warranty was phrased clearly indicated that home service meant home service and although I was willing to go along with an attempt at telephone diagnosis, after 2 weeks of failure I couldn't let it continue. I then attempted to find a lawyer to take the case [on a class action basis - since there must be thousands of cases similar to mine out there] Bottom line is that the sales contract requires all litigation to be via Arbritration - no law suits permitted. End of story.
Anybody want to talk to me about it - essenbee@verizon.net

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September 2, 2011 5:27:11 PM

If you signed the service contract and this clause was in the fine print, you just got screwed by Dell!

A few years ago, Dell was notorious for bad or non-existent service, and dealing with the techs in India is a nightmare!
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September 3, 2011 3:10:25 PM

Ubrales said:
If you signed the service contract and this clause was in the fine print, you just got screwed by Dell!

A few years ago, Dell was notorious for bad or non-existent service, and dealing with the techs in India is a nightmare!


I did indeed get screwed as the fine print of the service contract was embeded in the purchase agreement [listing what I bought and what the cost was]. If Dell had sent a service person to my home to check it out after a reasonable period of time, everything would be fine but, as there was no language in the sales agreement [service contract] as to how LONG the telephone diagnosis could take, they could have dragged it out for months - years even - before ever thinking about a repair person to come to the home under the agreement for home service.
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September 3, 2011 4:21:30 PM

suncat said:
I did indeed get screwed as the fine print of the service contract was embeded in the purchase agreement [listing what I bought and what the cost was]. If Dell had sent a service person to my home to check it out after a reasonable period of time, everything would be fine but, as there was no language in the sales agreement [service contract] as to how LONG the telephone diagnosis could take, they could have dragged it out for months - years even - before ever thinking about a repair person to come to the home under the agreement for home service.

For contracts there is what is known as "reasonable and customary". This is what the average person or persons deem to be a reasonable time period as well as a reasonable method of solving the problem.

Even if Dell puts such ridiculous statements in their contracts, they can be overturned in a Court of Law, and the judgment can be in favor of the plaintiff (you in this case). You can very well document all relevant transactions and file in Small Claims Court. But before you do that you are required to exhaust all reasonable forms of settlement.

Dell may very well be in violation of Consumer Rights by putting in such ridiculous clauses in their contracts.
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September 4, 2011 8:45:38 PM

Ubrales said:
For contracts there is what is known as "reasonable and customary". This is what the average person or persons deem to be a reasonable time period as well as a reasonable method of solving the problem.

Even if Dell puts such ridiculous statements in their contracts, they can be overturned in a Court of Law, and the judgment can be in favor of the plaintiff (you in this case). You can very well document all relevant transactions and file in Small Claims Court. But before you do that you are required to exhaust all reasonable forms of settlement.

Dell may very well be in violation of Consumer Rights by putting in such ridiculous clauses in their contracts.




The problem is that although Dell is/was in violation of all kinds of consumer fraud and although I did exhaust [for 2 solid weeks] all reasonable attempts of settlementy [getting boiler-plate responses from India - like I was some kind of an idiot] I would still have to fund a prosecution. I am not confortable with bringing any kind of action [small claims or arbitration] myself and hiring a lawyer would be throwing good money after bad.

I have come to terms with the gross insult by Dell by taking an oath not to ever, ever, ever purchase another Dell product. Fact is, I have purchased Toshiba and Compaq [HP] since [and have not bought an extended warranty with them].
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September 4, 2011 10:53:31 PM

suncat said:
The problem is that although Dell is/was in violation of all kinds of consumer fraud and although I did exhaust [for 2 solid weeks] all reasonable attempts of settlementy [getting boiler-plate responses from India - like I was some kind of an idiot] I would still have to fund a prosecution. I am not confortable with bringing any kind of action [small claims or arbitration] myself and hiring a lawyer would be throwing good money after bad.

I have come to terms with the gross insult by Dell by taking an oath not to ever, ever, ever purchase another Dell product. Fact is, I have purchased Toshiba and Compaq [HP] since [and have not bought an extended warranty with them].

For information, there are no lawyers involved is Small Claims Court. The filing fees are around $200 and if you have documented your facts well, you have a Prima Facie case. However, if you are satisfied with your course of action, let it rest!
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