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Commendatore Hates with a Vengance

Joined: 10 Jun 2008 Posts: 80
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Posted: Sun Jun 29, 2008 11:40 pm Post subject: New York Attorney General lawsuit that Dell lost says it all |
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New York Attorney General lawsuit that Dell lost says it all why customers hate Dell.
Here's the link to the lawsuit:
http://www.oag.state.ny.us/press/2007/may/delllawsuit1.pdf
Here' the link to the Decision and Order by the New York Supreme Court:
http://www.oag.state.ny.us/press/2008/may/delldecision.PDF
When you get a chance read them. It's good stuff and it's what we've known all along.
Abstract:
Justice Joseph C. Teresi said in his decision, “Dell has engaged in repeated misleading, deceptive and unlawful business conduct, including false and deceptive advertising of financing promotions and the terms of warranties, fraudulent, misleading and deceptive practices in credit financing and failure to provide warranty service and rebates.”
According to the decision, Dell deprived consumers of the technical support to which they were entitled under their warranty or service contract by:
• Repeatedly failing to provide timely onsite repair to consumers who purchased service contracts promising “onsite” and expedited service;
• Pressuring consumers, including those who purchased service contracts promising “onsite” repair, to remove the external cover of their computer and remove, reinstall, and manipulate hardware components;
• Discouraging consumers from seeking technical support; those who called Dell’s toll free number were subjected to long wait times, repeated transfers, and frequent disconnections; and
• Failing to provide rebates that were promised to consumers.
Justice Teresi concluded that Dell lured consumers to purchase its products with advertisements that offered attractive “no interest” and/or “no payment” financing promotions. In practice, however, the vast majority of consumers, even those with very good credit scores, were denied these deals. In a classic “bait and switch” scheme, DFS instead offered consumers financing at high interest rates, which often exceeded 20%. Dell and DFS frequently failed to clearly inform these consumers that they had not qualified for the promotional terms, leaving many to unwittingly finance their purchase at high interest rates.
The decision also held that DFS incorrectly billed consumers on cancelled orders, returned merchandise, or accounts they did not authorize Dell to open, and then continually harassed these consumers with illegal billing and collection activity. Although many consumers repeatedly contacted Dell and/or DFS to advise them of the errors, DFS did not suspend its collection activity and Dell failed to expeditiously credit consumers’ accounts, even after assuring consumers it would do so. As a result, many consumers have been subjected to harassing collection calls for months on end and have had their credit ratings harmed.
Justice Teresi ordered discovery in aid of restitution by Dell to be completed in four months and an injunction to prevent any recurrence of the misleading, deceptive and unlawful conduct by Dell. |
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rustyboots Moderator

Joined: 06 Jul 2005 Posts: 186 Location: Round Rock
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Posted: Mon Jun 30, 2008 7:24 am Post subject: |
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But, But, But, the "Soul of Dell" says none of this could ever happen because Dell cares. They care alright.....only about the Almighty Dollar and how much they can screw a customer out of.
You know some people refer to Halliburton as the "Son of Satan". I don't think they hold a candle to Dell when it come to a screwing someone out of their money. _________________ rustyboots (i use to slave at dell) |
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Rocke_T_Sinetist Moderator
Joined: 26 Aug 2005 Posts: 2386 Location: DFW airport
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Posted: Mon Jun 30, 2008 10:16 am Post subject: |
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I'm sure they didn't mean to do all those things. They were just dealing with ambiguity.  _________________ Rocke T Sinetist
as in, 'it doesn't take a...' |
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FallenAngel Super Hater
Joined: 21 Feb 2006 Posts: 1483
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Posted: Mon Jun 30, 2008 10:45 am Post subject: |
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| Rocke_T_Sinetist wrote: | They were just dealing with ambiguity.  |
Ah yes, the old "dealing with ambiguity" rhetoric. There's a phrase I will never, EVER miss.
Dell got owned. |
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rustyboots Moderator

Joined: 06 Jul 2005 Posts: 186 Location: Round Rock
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Posted: Mon Jun 30, 2008 1:11 pm Post subject: |
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| Quote: | | They were just dealing with ambiguity. |
Very good Rocke, and so accurate. I believe Dell wrote the book about ambiguity. And they are pretty good at dealing with it! _________________ rustyboots (i use to slave at dell) |
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lta Regular Hater
Joined: 06 Aug 2008 Posts: 14 Location: noneya
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Posted: Wed Aug 06, 2008 11:00 pm Post subject: Re: New York Attorney General lawsuit that Dell lost says it |
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this is greast news for NYers. what about the rest of us? | Commendatore wrote: | New York Attorney General lawsuit that Dell lost says it all why customers hate Dell.
Here's the link to the lawsuit:
http://www.oag.state.ny.us/press/2007/may/delllawsuit1.pdf
Here' the link to the Decision and Order by the New York Supreme Court:
http://www.oag.state.ny.us/press/2008/may/delldecision.PDF
When you get a chance read them. It's good stuff and it's what we've known all along.
Abstract:
Justice Joseph C. Teresi said in his decision, “Dell has engaged in repeated misleading, deceptive and unlawful business conduct, including false and deceptive advertising of financing promotions and the terms of warranties, fraudulent, misleading and deceptive practices in credit financing and failure to provide warranty service and rebates.”
According to the decision, Dell deprived consumers of the technical support to which they were entitled under their warranty or service contract by:
• Repeatedly failing to provide timely onsite repair to consumers who purchased service contracts promising “onsite” and expedited service;
• Pressuring consumers, including those who purchased service contracts promising “onsite” repair, to remove the external cover of their computer and remove, reinstall, and manipulate hardware components;
• Discouraging consumers from seeking technical support; those who called Dell’s toll free number were subjected to long wait times, repeated transfers, and frequent disconnections; and
• Failing to provide rebates that were promised to consumers.
Justice Teresi concluded that Dell lured consumers to purchase its products with advertisements that offered attractive “no interest” and/or “no payment” financing promotions. In practice, however, the vast majority of consumers, even those with very good credit scores, were denied these deals. In a classic “bait and switch” scheme, DFS instead offered consumers financing at high interest rates, which often exceeded 20%. Dell and DFS frequently failed to clearly inform these consumers that they had not qualified for the promotional terms, leaving many to unwittingly finance their purchase at high interest rates.
The decision also held that DFS incorrectly billed consumers on cancelled orders, returned merchandise, or accounts they did not authorize Dell to open, and then continually harassed these consumers with illegal billing and collection activity. Although many consumers repeatedly contacted Dell and/or DFS to advise them of the errors, DFS did not suspend its collection activity and Dell failed to expeditiously credit consumers’ accounts, even after assuring consumers it would do so. As a result, many consumers have been subjected to harassing collection calls for months on end and have had their credit ratings harmed.
Justice Teresi ordered discovery in aid of restitution by Dell to be completed in four months and an injunction to prevent any recurrence of the misleading, deceptive and unlawful conduct by Dell. |
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FallenAngel Super Hater
Joined: 21 Feb 2006 Posts: 1483
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Posted: Thu Aug 07, 2008 10:03 am Post subject: |
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| The "rest of us" that you speak of needs to handle their own affairs. The most you could expect is to start your own class action in your state (if applicable) and cite this case as precedent. |
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