Dell complaints

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

Back in 2006, Dell got hit with a $17mil settlement for deceptive practices regarding its "same as cash" financing.

As part of the settlement, Dell said it would stop. It didn't. My horror story with DFS / Dell is basically the same as what the complaint talked about and it started last September (2008).

I got my system configured and was ready to order. Good news! DFS could offer me 60 days same as cash financing! Cool! Their interest rates are awful but we intended to pay within 60 days, so the rate wouldn't matter. The person who made this offer was Christina Ferguson, ext. 9461003.

Needless to say, DFS doesn't believe the offer was valid, and try as I might, I can't get Christina and DFS to communicate with each other. The Dell Hell continues to this day. My sales person was Travis Rudd, but he's no longer there. His boss, Mike Stupart (phone number 512 946 0112), is no longer reachable and no one there can find out who his boss is.

I've just now sent out letters to six executives at Dell, and another letter to their general counsel, and a letter to the attorney for the class action suit asking if they would start it up again.

MY ADVICE TO EVERYONE DEALING WITH DELL'S "SAME AS CASH" CREDIT: Use a voice recorder to record your conversations. That would have saved me an immense amount of time and resolved this issue. DELL ARE LIARS and when they screw up, they will just stop communicating with you and there's really no recourse at that point. SO RECORD THOSE CALLS!

Rocke_T_Sinetist · Posted: Fri Apr 10, 2009 11:38 pm Post subject:

There's a catch. A recording made without informing the other party is not admissable as evidence. And if you tell Dell you are recording, they will hang up.

You CAN however, make a transcript of what was said on both ends, sign and date it, and that IS admissable as evidence. You can also make the transcript FROM a recording, but just never mention that the recording took place, and paraphrase in places in case Dell produces THEIR recording and it matches word for word.
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Rocke T Sinetist
as in, 'it doesn't take a...'

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

Rocke_T_Sinetist · Posted: Sat Apr 11, 2009 1:42 am Post subject:

Does Dell record all calls? Unknown.

Do they tell you "may be recorded"? Always. Does that mean they assume you are recording too? No.

Will they hang up on you if you tell them you are recording? Always.

Can you transcript a verbal agreement and introduce it in court? Always. BUT when dealing with desperados like Dell, expect that to be challenged that it was recorded without notification. That is why it is necessary to paraphrase rather than write down everything that was said word for word.

The question arises however, why deal with known desperados in the first place?
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Rocke T Sinetist
as in, 'it doesn't take a...'

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

Steveo · Posted: Sat Apr 11, 2009 5:55 am Post subject:

Licky_201 · Posted: Sat Apr 11, 2009 9:05 am Post subject:

Here in Missouri calls can be recorded legally as long as ONE party is aware of it - meaning you could legally record the call. Other states have different laws so check it.

Rocke_T_Sinetist · Posted: Sat Apr 11, 2009 11:43 am Post subject:

Yes, your state may vary.

Dell may have unwittingly given you a loophole that makes recording legal anywhere: "This call may be recorded for training and quality control purposes." Sounds like permission to me.

You're training yourself how to deal with Dell. And heaven knows, if anyone is going to control Dell's quality, it's not going to be them, so that leaves YOU.
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Rocke T Sinetist
as in, 'it doesn't take a...'

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

Apathy · Posted: Sun Apr 12, 2009 2:34 am Post subject:

Actually Rocke, Texas has the same legal provision that Missouri has. This is what got a former San Antonio Mayor in trouble a few years ago. His lover recorded their "private conversations" and used them in a court trial over something I can't remember the details.
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Q: How do you know Dell Management is lying to you?

A: Until proven otherwise, Assume EVERYTHING coming from Dell Management is a lie.

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

Does anyone know how I can get my state's attorney general involved in dealing with this? This situation is plain and simple fraud; they are threatening to damage my credit, just to extort money from me. I've seen numerous reports of it happening to other people. I did send all this information to the attorney who won the $17mil settlement with Dell in 2006 over this same behavior. Any other options?

Rocke_T_Sinetist · Posted: Sun Apr 12, 2009 11:41 am Post subject:

I was a (deposition) witness in an EOE lawsuit where the plaintiff recorded her conferences with the manager using a wireless. Hawhawhaw, it was even the defendant's wireless. She got $50K in a settlement.

Had she recorded undisclosed over the phone, I doubt the evidence could be introduced in an EOE (Federal) action. FCC has some say about what you can and can't do with phone data, but apparently not able to dictate to states what THEY can do with it.
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Rocke T Sinetist
as in, 'it doesn't take a...'

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

I figured out what's going on here.

Apparently this deception (promising same-as-cash financing, then extorting the person for more money or else they ding the person's credit) has been a long-standing practice at Dell. There was the class action suit in 2006 ($17mil settlement), and now 33 state attorney generals have another class action.

I am getting stonewalled (from reading here that sounds like their standard response). I have sent letters to Michael Dell and five other execs, with all the information on this. If that shakes them up, good. Otherwise...

I also sent a letter to the attorney for the 2006 class action, and I CC:'ed it to Dell's corporate counsel. I asked the attorney to re-open this case or file it again; Dell hasn't changed.

If that shakes them up, good. Otherwise...

I notice that Dell is a member of the BBB, with a staggeringly wonderful C+ rating. I would never have dealt with them at all if I had checked on that; anyway, I am going to ask the BBB for arbitration on this.

And then...

I think I'll be entitled to some of the settlement from the current attorney generals' suit.

I can also dispute the credit report from Dell, using all these lawsuits as evidence also.

Damn, I have learned some lessons.

1. Record all calls.
2. Do check up on the BBB, even for large well-established companies.
3. Of course, don't buy a Dell.

I think of all the sales I have made for them... I advised a customer of mine to buy a whole cluster of Dell servers ($50k) a few years ago. And now they have no hesitation to convert me from "go with Dell" to "anyone but Dell".

Rocke_T_Sinetist · Posted: Mon Apr 13, 2009 12:33 am Post subject:

This is why Dell is failing across the board. As a product, as a service, as an investment.
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Rocke T Sinetist
as in, 'it doesn't take a...'

DFSAreCrooks · Journeyman Dellhater Joined: 10 Apr 2009 Posts: 14

HA! Just call a call from Christina. She is not stonewalling me, she is pursuing this issue, she did promise to get it resolved. Apparently the reason why I couldn't contact Mike Stupart is he no longer works at Dell (surprise surprise) and so Christina is having a hard time getting in contact with the right people.

I must give kudos to Christina because she is pursing this issue, she is not giving up. I will write a good letter to her manager and also follow up on all those letters I wrote to the various executives thanking Christina when this is all done (assuming we do get it resolved).