Dell complaints

Commendatore · Hates with a Vengance Joined: 10 Jun 2008 Posts: 80

NM court allows class action suit against Dell

(Dell's arbitration clause and clause about Texas law applying in legal disputes both get the boot)

June 27, 2008 The Associated Press

SANTA FE, N.M. — The New Mexico Supreme Court is allowing a potential multistate class action lawsuit against Texas-based computer maker Dell Inc. in a dispute over online computer purchases.

Dell wanted to force arbitration of a New Mexico man's claims, contending that was required under terms and conditions of computer purchases on the company's Web site. The company also maintained that Texas law should apply in the case.

New Mexico's highest court ruled against the company in an unanimous decision issued Friday. Dell's arbitration clause banned class action lawsuits and the court said that wasn't valid in New Mexico.

"Contractual prohibition of class relief, as applied to claims that would be economically inefficient to bring on an individual basis, is contrary to the fundamental public policy of New Mexico to provide a forum for the resolution of all consumer claims and is therefore unenforceable in this state," the court ruled.

The decision reversed a ruling last year by the state Court of Appeals. The case returns to a district court in Albuquerque for further proceedings.

Albuquerque lawyer Robert Fiser filed the lawsuit after buying a Dell computer online from the company in 2003. He contended the computer had less memory than had been promised by the manufacturer and the misrepresentation violated New Mexico law against unfair business practices.

Round Rock, Texas-based Dell is the world's second-largest computer maker, after Hewlett-Packard Co.

Source: Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/business/5861058.html

Rocke_T_Sinetist · Posted: Sat Jun 28, 2008 4:04 pm Post subject:

Hello? Dell? If state after state is suing you, and winning in court, how dense is it of you to scratch your corporate head and ask "why does everyone hate us?".

There isn't even a word for that degree of stupidity.
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Rocke T Sinetist
as in, 'it doesn't take a...'

AngelusDaemonicus · Dances with Hate Joined: 08 Mar 2008 Posts: 111

Yes there is...
DELL.
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"One man's garbage is another man's DELL."

Rocke_T_Sinetist · Posted: Sat Jun 28, 2008 6:35 pm Post subject:

My oversight. Oxford should integrate it into their next dictionary.

Dell, n.: The absolute lowest part of the gastrointestinal tract of corporations.

Dell, v.: 1. The act of being chronically self-destructive, ostensibly in the name of self-promotion. See also, baldface lying when the truth would serve you better. 2. The act of fucking over every person or entity with which one has a business relationship.

Delled, adj.: See fucked, hosed, schlamozzled, bamboozled, misled.
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Rocke T Sinetist
as in, 'it doesn't take a...'

AngelusDaemonicus · Dances with Hate Joined: 08 Mar 2008 Posts: 111

FallenAngel · Super Hater Joined: 21 Feb 2006 Posts: 1493

It's refreshing to see that Dell's little agreement doesn't hold validity. I applaud NM for bitch slapping Dell on this subject. It's about time that Dell is held accountable for their actions and can't get away with their terms of sale bullshit.

Way to go NM!

Rocke_T_Sinetist · Posted: Sun Jun 29, 2008 1:03 pm Post subject:

NM may be small and mostly empty, but they do NOT like being pushed around, least of all by Texas hosebags.
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Rocke T Sinetist
as in, 'it doesn't take a...'

FallenAngel · Super Hater Joined: 21 Feb 2006 Posts: 1493

I'm just laughing to see that at least one state won't allow Dell to hide behind their meaningless arbitration clause.

Even a day or 2 later it still brings a smile to my face.