Dell complaints

[jwdesq]

Fortunately, the arbitration clauses in Dell's contracts of adhesion will most likely be disregarded within the context of a class action filed in California. In California, a contract or clause is unenforceable if it is both procedurally and substantively unconscionable. Pursuant to Armendariz, courts apply a sliding scale: the more substantively oppressive the contract term, the less evidence of procedural unconscionability is required to come to the conclusion that the term is unenforceable, and vice versa. Ting v. AT&T, 319 F.3d 1126 (9th Cir. Cal. 2003)

As many of you have noticed, it appears Dell may be engaged in a number of unconscionable business practices. If you have had problems obtaining warranty service - particularly if you reside in California and sought repair under Dell's "at-home" warranty, don't hesitate to contact the Law Office of John W. Davis, 4445 Eastgate Mall, Second Floor, San Diego CA 92121, or email me at john@johnwdavis.com

We are in the process of investigating consumer claims against Dell and seeking redress from the company.

[Rocke_T_Sinetist]

Mr. Davis is a registered attorney.

And quite right about unconscionable terms being unenforceable, even if 'agreed to'. An extreme example would be if someone offered you money to sign a contract agreeing not to report a crime. That's unenforceable in all states. Agreement to terms of purchase is treated differently state-by-state.

Dell puts those clauses in so that customers reading it go "never mind a lawyer, it says here we can only submit it for arbitration with an agent of THEIR choosing". That's the unconscionable part. So their own malintent will be their undoing, at least in CA.

On the simplest level though, just the fact Dell is in consumer legal trouble with NY and CA, tells you to avoid them like leprosy.
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Rocke T Sinetist
as in, 'it doesn't take a...'

[FallenAngel]

People like Mr. Davis have my respect. Though I really despise Lawyers of any shape and form, if they are in a position to defend the defenseless against corporations that prey on those types, then they get my unfettered appreciation.

At least he's not an ambulance chaser lol.

Besides, he posts legal info for free that we would normally have to find on our own at cost or at least with a lot of effort. Can't be all bad.

[prior]

I'm tired of wasting my time with this arrogant corporation; I'm taking them to small claims court, where I can sue them for my time and trouble, as well as for the defective product they sold me. They can send all the attorneys they desire; I don't care.

[jwdesq]

Generally, at least in California, litigants must represent themselves in small claims court. So, Dell may send an officer, director, or employee to small claims court - but not a gaggle of lawyers.

Another option, as has been mentioned in this forum, is to bring a class action on behalf of all consumers who have suffered an injury similar to yours. That way, you may be able to compel Dell to modify its business practices by obtaining an injunction. This type of relief is unavailable in small claims court. Additionally, small claims court decisions are usually final, whereas you may appeal the trial court's decision if you file in a court with broader jurisdiction. Finally, companies tend to take notice when they are sued by thousands of people versus one.

[kimberlemae]

I wish there was someone like you here in Texas to take my issue with them, to.

[Rocke_T_Sinetist]

That I know of, Texas does not have the 'unconscionable terms' provision, leaving you with Dell's contract terms of arbitration.

Texas does have one consumer provision, I think it's called Fraudulent Business Practices, for selling products lacking integrity to the extent they don't meet the standard of marketability (a common-law provision). What the standard of proof for that is, I don't know. An attorney will consult with you, but they typically charge $50 an hour. Unless you happen upon one who has also been screwed over by Dell (might be easier than you think, attorneys do use laptops). It costs nothing to call.

You might call several. Attorneys are people too. Some are just 'in business' and if they can't make money off your case they'll discourage you. But some get pissed and spring into action when people get screwed over by corporations. But if they all say you have no case, or the case will cost $2000 to pursue, might as well hang it up. That's how Dell largely gets away with selling crap, it's just cheap enough to where it's not worth a lawsuit to recover the value. They know that, and capitalize on it.
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Rocke T Sinetist
as in, 'it doesn't take a...'

[jwdesq]

Unfortunately, I do not practice in Texas. However, I know some good consumer lawyers there and would be happy to refer you. If enough people are having the same problem, you should be able to find competent counsel to address the issue. Good luck.

[Commendatore]

It's outrageous that Dell Inc. is getting away with this. The lemon laws and the warranty laws were enacted to prevent exactly the kind of bullshit
that Dell Inc. pulls.

Dell Inc. needs to be held accountable and suffer the consequences of their behavior.

[kimberlemae]

[kimberlemae]