CLASS ACTION against Dell

This is what Im trying to show you. You are blind to the law. Whether you believe it or not, its not your right to purchase from dell but rather, your priviledge. They can refuse you as a customer without reason. There is no legal obligation for dell to sell to you.

Next, you keep going over it but Im going to say it again...EDD is exactly that. Its estimated, not guaranteed. It also leaves you with another option. You can simply cancel which, again strips any legal concerns for Dell.

Dell's success lies in the fact that they build from the ground up, no stock. This is why they wont guaantee the arrival date. What are you really not seeing here??

They have never once guaranteed you a legally binding date.

Now as far as compensation...to think I have turned coat because of my deals maybe just maybe you want to read the two articles below (How-To/Getting Money back). Dell doesnt like me much because of this; these have cost them thousands and the responses verify that first hand. I have been told this from the top my friend which is why I know this particular website is monitored very well.

Now let me help you...honestly.

1. Read the getting Money back Article.
2. Change your tone.
3. Call Cdn CSR help during business hours.
4. Follow the advise and get back to us with your results.

After all, I dont know of even a single person to get totally zip thusfar.

Attitude....

 

If you're going to quote someone, make sure you're quoting them accurately, and not simply to backup your own argument!

I DID NOT receive $400 in compensation because my laptop was DELAYED! I received $400 in compensation because I was willing to keep a laptop that has a number of slightly warped plastic pieces on the top of the LCD.

I could certainly send back my laptop and get a new one that hopefully wouldn't be warped, but then common sense kicks in!! It reminds me that I can have $400 off for something that doesn't affect the functionality of the laptop.....or I can get a new one and pay full price. Tough choice!

 

just had to requote this - great post and well said. seriously, this false sense of entitlement just rubs me the wrong way.

 

I couldn't agree more elscorcho.....and I completely agree with you flamenko!

 

The funny thing is that for a person who got so much compensation you are against something which will bring the same result. Except, everyone who were affected will get compensation. And read around the forums, some people really got nothing. So, of course I could get enough by just phoning. But, I think Dell should treat us seriously, and I don't like the idea of Dell ignoring people who didn't phone. And please don't BS about "false sense of entitlement" when you agree that we should get compensation. Also, people who didn't get delayed have nooooooooooo idea of the wait, so please think before you speak and try to sympathize, or just give your fingers a little rest.

Flamenko, I respect your opinion, and we both agree that Dell should give out compensation for its delay. However, I think a class action is sort of like (in a crude way) having everyone on one phone. And this will be more effective than phoning Dell individually. Sometimes you get very lucky, and sometimes you don't. Plus, this is much easier for everyone.

 

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For Starters, Class Action Lawsuits suck...the only ones who get any benifit are the Lawyers...not the Individuals(us) who are affected, nor the Company(Dell)

Now as for a person who would like to take Civil Action on an "Individual Basis" yes you or anyone else on this forum would have "Standing to Sue" against Dell no doubt in my mind.

Dell has "Violated" the Terms of Sale Agreement(In tort Law this is "Breach of Contract")

Let me Explain to you: when a sale is "Made" and two Parties "Agree" to a Price, an item, and method of Delivery..a Contract has been entered. Now by Legal rights Dell can delay you up to 3 times or 30 days..whichever comes 1st under Federal Law(See FTC Mail Order Regulations/Law)

After this period, Dell is in Direct Violation of Contract(Such as in my Case where i have allready been Charged and Made a payment on my Notebook i have not received)

Am i gonna sue? No because its not a life or death situation for me at this point, but many other peoples "Livelihood" and life if educational or business depend greatly on these orders.

If it can be "Proven" That Dell did not have the means of fullfilling your order within the 30 day/3 delay time limit and Dell "Knew this" beforehand and you gave a person a "False" sense that the order would be fullfilled on time...that that is Fraudulent Misrepresentation among other things...and would be grounds for a lawsuit.

I ordered my notebook in july..others ordered in June..Dell "without a doubt" knew that they would be delayed this long..i was origianlly told mine would arrive by 8/4...i was lied to...as were many others...If it was gonan be such a long wait, the Customer should have been informed beforehand of the issue. It could easily be proven that Dell knew of the Delays beforehand, and lied to the customers about being no wait(As easy as the court Supoena part ordering information from the last year from all part companies Dell deals with and comparing) can be easily proven.

The Bottomline is this...I have talked to a college instructor of mine that has a PHD in business Law, Explained this situation, even showed her this forum..i was Advised "Every person" Affected by this delay has "Standing to Sue" from this...in Legal Terms "Standing to Sue" means just cause..in other words means a Judge will agree that you have rights to sue under Contract Law.

I have actually contacted 3 different Lawyers over this, and have even talked to a Federal Judge who is friends with my Uncle..all of them told me i could "easily" sue them and win no problem

Is it right to sue? Depends on the situation...if this delay has caused you financial hardship, affected your business, cost you money, or hurt your schooling(college) then yes...you have every right morally and ethically to sue

if your just frustrated because you haven't gotten your note book..then no..you shouldn't sue just for that reason it is morally wrong

College/Internships don't start for me until sept 24th..if i don't have my notebook by then, then i may have to seek compensation in Civil court due to college tutions, not being able to complete my internship, delaying my college graduation by 3+ months, etc..im not in that boat yet, and i hope it don't come to that. But if it does i want compensated

but it is no lie that Dell has lied to me on 3 different occasions i was "Promised" my notebook would be here yesterday...i have the conversations recorded, i have the chat logs...being "promised" is just a smuch a contract..especailly if i have copies...if they knew they could make that date, they should have been upfront with me

but don't be so quick to judge, Many Many people have been greatly effected by this whole mess...many businesses have contracts with Dell..small businesses that i know have been affected and they will probably have to end up suing to recoup from this diaster...

Class action lawsuits suck, but if you have been wronged and it has greatly effected your life/work, then i reccommend filing suit now as "an individual" before your windows of opportunity under tort lawa nd the UCC(Uniform Commercial Code) closes

not trying to be rude, or smart..just stating the Facts from a "Law" Perspective

Dell is clearly in "Breach of Contract" out of this whole mess

 

Point of clarification, not trying to say you're wrong but because I don't know:

1) When you get your delay emails, you get asked if you want to continue to wait because of US law, and a lot of people have gotten their order cancelled if they haven't replied fast enough. If you say "yes, don't cancel me, I still want my laptop" haven't you then waived your rights? Because that seems to me to be directly addressing the point about the FTC.

Also, from my confirmation email: "The Preliminary Ship Date is 7-10 business days and represents the estimated time it takes to process your order and custom build your computer based on approved credit card purchase. The Preliminary Ship Date is not intended to provide you with an actual ship date" (emphasis mine) Is this not legally sufficient to cover their a**es with regard to the contract? (obviously if you have recorded conversations of them telling you something different that's another issue altogether, but for those of us who have been going the automated route instead of calling CS I think it could be significant.)

 

Depends seaice

everyones case is different

i have yet to receive a clal or email of any kind about any type of delays

i have had to contact them.

like i said each persons "individual" case is different...if you have no agreed to anything, they cancel your order, yet they charge you "anything" i mean restock fees, even down to taxes, you have right to sue


like i said each case is different, what i laid out above was "Basic" guidelines to the FTC and UCC regualtaions...i did not go in depth, just the basics

 

First I got nothing from Dell, no emails (other than the confirmation one), no phone calls, nothing. By the way, my confirmation email never said anything with the likes of EDD not being the actual representation of the date. And, on an unrelated note this is just ridiculous...


And, I don't get how you said the only winners of class action lawsuit are the lawyers. Don't we get something? And something is better than nothing. Plus school starts for me on Sept. 4th...

 

jarrod how do you get to that page with the 3 steps and the graphic representation of the individual steps your computer goes to? the only order status i can get to on the website is the one showing my order number and just the text saying preproduction.

 

LOL. That was not Dell's Lionel. In his other posts, he signs himself "Lionel Menchaca, Digital Media Manager".

Yes, the blog is moderated. But there COULD BE someone called Lionel out there and so they allowed the post through. Or they let it go for some other reason. But that was not Dell's employee who posted that.

 

r30028: are you using the US site? Maybe there's difference between the US one and Canadian one.