Pat Dori, a disgruntled
Dell customer who found no resolution to the issue of a broken laptop after five long months and 19 wasted phone calls, decided to
go legal and sue the company for failing to adequately address the problem. The method by which Mr. Dori initiated the claim is the juicy core of this story: instead of going through the normal process of sending the court papers to Dell's headquarters in Texas, Dori thought to have the papers delivered to a Dell shopping mall kiosk instead. Quite unsurprisingly, no-one from Dell turned up in court on the stipulated date, resulting in Dori winning a $3,000 default judgment and a ruling to allow bailiffs to close the kiosk and seize items if the judgment was not paid. Dell has now settled the case out of court for undisclosed terms, although the company would have appealed the decision -- had it actually turned up to court, that is. Mr. Dori, our latest hero for sticking it to the man in such a crafty manner, says that he thinks "any regular person can do this," as long as you "have the law on your side." Apparently the key is to "get their money" first, which will inevitably be followed by "[getting] their attention." It's gotta beat screaming down the phone, that's for sure.
[Thanks, Mike]
posted December 10th 2006 1:31AM
Thank you Dori. I bought a Dell 2 years ago and kaput, a few days after the 1 year limited warrenty expires i get 2 massive white lines in the middle of my shitty 15" screen.
God i need to get rid of this slow peice of junk.
@Jackson:
Wow - you come on & say "you guys are all wrong," & then "I'm leaving! I'm not listening!"
What an ass.
I think Ralph works for Dell. :O)
Jackson's right about one thing: most of the legal assertions made here are wrong. I, however, am not a lawyer but a not-yet-burned-out law student with nothing else to think about over Christmas break, so since readers here sound interested in a few legal details, let's get down:
(1) Dori sued in state court (just trust me on that one), and assuming that's New Jersey, that state allows process to be served on "any employee" within the state -- IF the corporation has no "place of business" within the state. So if the kiosk was not actually Dell's, but the dorko behind it was in fact a Dell employee, then the service was valid and the default judgment sticks. So it's not impossible that the service was valid OR that the court was not "stupid" but was instead following the law.
It's a little tricky, and Dori probably had a lawyer friend do a good bit of homework. Take-home message is, don't try this at home unless you know what you're doing.
(2) I don't think there's any guarantee Dell would have won on appeal. What I'm wondering is why they bothered even to settle when a check for $3000 would have ended it; I don't see how they could have talked him down enough to make even settlement worthwhile (unless the "settlement" was just offering to send him a new machine, which may have been all he wanted).
(3) A snotty law geek among computer geeks can condescend like a snotty computer geek among average schmucks. "You are morons for not knowing what I know. I have the time and patience to tell you that, but not to explain what I'm talking about." Jackson, you posted at 4:28 AM. Go to bed!
(4) State legislatures do NOT bar idiots from practicing law without a license. Look around -- idiots with licenses are everywhere!
19 calls and 5 months? What, he was calling them once a week? You need a lot more determination than that to get help from them. I called Dell more than 19 times the first DAY when my power supply shorted out -- and never reached one person who could actually HELP with the problem (or cared to try). I had to call that many times because the "technicians" I spoke to kept on transferring me and/or leaving me on hold until I got disconnected.
7 weeks, about 50 phone calls, several dozen emails, one visit from an incompetent repair tech who literally RIPPED pieces out of my PC (rendering it completely irreparable), and then a 2 week wait while they built me a replacement to the WRONG spec... Well, I hope my story isn't typical, but from all I've heard about Dell, I think maybe it is. Great hardware (this is my third Dell, and the first I've had any problem with), and the worst service you could ever imagine. That's Dell. If nothing ever goes wrong with your PC, you'll probably be happy, but as soon as there's a problem you will be outraged.
Good for him, I guess... Although, I've never had any problem with Dell tech support :/ It kind of makes you wonder what he did to the laptop in the first place...
I just bought a Dell in December and I have been on the phone with Dell tech support everyday since I took it out of the box! Nothing but one problem after another. I was sent faulty software, I was told and my computer will not run right even after uninstalling and restoring it. Dell tech support blamed other tech support agents every time I called saying the previous agent did not know what they were doing! That's nice that they employ untrained foreigners who can't even speak english and really help you come to a solution. My cell phone bill was through the roof from calling Dell so much and they offered no compensation for lost wages or lost time. My computer is my work, I am an up and coming graphic designer and this cost me much aggrivation and undue stress and I had to push back deadlines which is not good if you want good referrals and more work! I am still fighting with them to fix the issues!
You know, I do the tech support bit for a living. I've got a degree, 33 credit hours beyond my degree, am upper level corporate management, and it still amazes me how stupid people are.
Ask your kids for help. They'll tell you what's wrong with your system, and you can call dell, tell them what's up and dell will accomodate you. I've NEVER had a problem with dell support, either with my personal systems or with business systems, and I make a hell of a lot more support calls than most people.
If you're too dumb to use a computer, pay the 4 year old down the street to help you.
I ordered a Dell 2407FPW (24" widescreen) monitor last week. When I set it up, it had a noticeable tilt to the right. The distance from the top of my desk to the bottom left corner was 1.5cm different from the the top of my desk to the bottom right corner. The level could not be adjusted by rotating the monitor because it rotates clockwise while the adjustment would be a counter-clockwise turn. Applying downward pressure on the top left corner and/or upward pressure on the bottom right corner did not work. The monitor flexed back to its original, tilted position. The only solution was to place an object weighing approximately 16 oz. on the 4.0cm-wide top left corner of the monitor. (A Swingline stapler works well, but a can of Spam is too light.) The problem was not with the monitor but with the stand and bracket that connects it to the monitor. It was a manufacturing or design defect of a few minor parts.
Though the stapler corrected the issue, I still wanted a defect-free monitor. I contacted Dell Customer Care on the day the item was received. They informed me that they would send me a replacement monitor with a pre-paid return shipping label in 5-7 days. The monitor was shipped overnight so I received it 2 days after my call. But when I set up the replacement monitor, I noticed that it had the same flaw. I tried to manually correct it but the stapler was still the only solution. I called Dell back and informed them of the problem with the replacement monitor. They offerred to send me a third monitor with no guarantees of a defect-free product. I suggested that they give me a 10% discount because I thought that that would be quite fair. The support rep. put me on hold and spoke to her manager and they countered with an offer for a $50 coupon on next purchase. But I didn't want to buy another Dell product, I just wanted a proper monitor. So they connected me with Technical Support so that I could once again explain the problem with the monitor stand and connecting bracket. After being put on hold several times, they again offerred to send me a third monitor. I suggested the 10% discount again and it was finally accepted. Excluding my first call to Customer Care, I spent 2 hours on the phone speaking with a customer support and technical support rep. who put me on hold a total of 6 times while speaking with their respective managers. My issue was finally resolved after a lot of wasted time. They are crediting my account slightly over 10% within 3-21 days and they are arranging for someone to pick up the original monitor from my apartment.
Me, my brother, and my father have had many other negative experiences with Dell Customer Support for PCs so our families will never purchase another Dell PC again. I will encourage them to also never buy another Dell product because it's not worth the hassle to deal with their horrible customer support.
1. This is a great monitor but the stand is not manufactured correctly. If you are considering another similar monitor from another company then buy it.
2. Do not buy a Dell product or anything else from their online store unless you are willing to potentially spend several hours on the phone with several members of their support team.
3. If you really want to buy a Dell product like this monitor then beware. But please do not buy one of their PCs. You will regret it.
Down with Dell. Don't buy one. Terrible computers, terrible company.
That's a damn good idea. Blogged!
My experiences dealing with Dell over the last year have
been like a living nightmare.I think it is time to file a
class-action law suit for all of us who have been used and abused by Dell.
I'm on board. Attorneys? National press?
I just read "DELL Hell" last night. Perfect description. Thrilled to receive my new system to connect me to work, and society, being home on a medical leave, I am beyond hope for their current customer service policies.It has never worked, after 30 1/2 hours on the phone with DELL in India and the Phillipians. I paid $180 for in-home service, not knowing that this meant I was in my home, not the tech! Service could not solve the problem and would not get me to anyone that could. I spoke to several managers, asking for return info. On the 21st day(return policy, you know) I decided it would be solved or returned before the day was over. At 1:30 am I gave up. After over 3 weeks of the DELL never working, and the emails, and ridiculous calls I was told it wasn't bad enough to escalate. With permission to return it,I was told no refund for the tech I hired,I would need to pay interst on my DELL card as refund would be after 45 days after return, and no compensation for being homebound with no computer, nor my day after day relentless time with them. Today I purchased a new computer, brought it home, read an e-mail from DELL saying they now could not refund my $ as the 21 days had passed! ( This is the short version of the saga.) Seriously now, who wants to join forces with me? National press? Attorneys?
Cindy,
I had a nearly identical experience with Dell. I ended up spending over $300 on additional parts and tech service, and still did not have a working computer. Dell managed to stretch the problem out beyond the 21 day "grace" period, then refused to provide a refund. I now have a $3,000 piece of garbage that will not connect to the internet no matter how many techs work on it.
I bought a Dell because of the company's reputation. Boy, was I ever deceived. Dell is unscrupulous and unethical in my opinion. Their practices are probably illegal in my state.
I don't understand how their employees can continue working for such an organization with a clear conscience. It would bother me greatly to see so many deeply unsatisfied customers due to my company's corrupt practices. I quickly learned that there are thousands of us out here with similar experiences.
My only recourse is to tell as many people as possible about my experience to disuade them from doing business with Dell. I tell all my students and everyone in my office to avoid Dell, and I have posted my story in my local co-op sites. All we can do is spread bad publicity until an attorney is willing to get involved.
What happened to my money and order?
Three weeks ago, on 3/24/07, I had cash for a great laptop computer, and found a "Dell Direct Store" in the phone book. To my dismay, it was a kiosk with an internet connection.
.
The internet showed 3 levels of XPS M2010, from $2999 to $3619.
My order for the computer was $5101.05.
My total order came to $5,690.47 for an XPS M2010, printer, and Microsoft Office.
OK.
The salespeople could not take cash, and sent me across the street to American Express Travelers' Checks.
.
I mailed them USPS overnight and Dell received it --
EQ981410847US
.
It was mailed to the address they gave me in Richardson, TX and received by Dell, USA.
By Friday, I received the printer (my order had 4 order numbers.)
After 2 weeks, the Dell sight showed my order for the computer was still being processed.
586511712
When I pressed for info, the order was cancelled and assigned a new number -- I guess to dishonestly make it appear like it had not taken so long to fill the order.
603278265
Now, the new order is cancelled -- by whom?
There is no answer to my contacts to Dell.
The salesman says he has tried and has not heard anything.
ZIP
Where is my money, order, computer?
katydiddd@att.net
DELL SHOULD BE PUT OUT OF BUSINESS ENTIRELY. NY, CA AND CANADA HAVE INSTITUTED CLASS ACTION LAWSUITS AGAINST DELL FOR FRAUD, CHARGING TOO HIGH INTEREST AND NOT HONORING WARRANTIES. I WAS CHARGED INTEREST ON MY COMPUTER EVEN THO I PAID IT OFF IN 15 MONTHS (IT WAS SUPPOSED TO BE INTEREST FREE IF PAID OFF IN 18 MONTHS), DID NOT GET A PROGRAM THAT I WAS SUPPOSED TO GET AND WAS TOLD I WOULD HAVE TO PAY FOR IT IF I WANTED IT BECAUSE IT WAS FREE FOR BUYING THE COMPUTER (????). MY PROGRAMS WERE SUPPOSED TO COME INSTALLED ON THE HARD DRIVE AND WERE NOT. ALTHO I PAID EXTRA TO GET THE IN HOME WARRANTY, IT'S NEXT TO IMPOSSIBLE TO GET THEM TO HONOR THAT. I WOULD NEVER DEAL WITH THEM AGAIN AND ADVISE EVERYONE THAT I KNOW WHO WANTS TO BUY A COMPUTER NOT TO DEAL WITH THEM.
I was charged twice for one computer which Dell said that I had. Dell continued charging me their high rates ; basically I was ripped off and Dell knew it.
Also I feel that I was cheated out of my money and I feel that Dell owes $900.00.
I was accused by Dell for buying two computers but I only bought one . I was over charged and their financial services would not listen to anything that I told them . As far as I am concern Dell is a very crooked company; a lot of crooks.
I am going through the same thing. and dell doesnt care at all. Their customer service is a joke. It really is one of the worst i have had the displeasure of dealing with. I have a feeling I will have to go through this. It toiok just 6 emails for the customer service to actually read the first sentence. I think they use computers to try to get the gist of your problem and then just feed you the responce that comes out. My proble was witht eh video supsystem and they told me to upgrade my bios to fix my battery.; LOLZ
Dude dont be a dope, dont get a Dell.
I envy you Mr Dori!!! I just got ripped off by Dell through a false ad scheme buying a Sony Bravia TV on Black Friday & I am going to follow your lead & Sue. I'm wondering if since Walmart & Best Buy are now selling Dell products that I could have their Manager of the electronics dept served with the legal papers??
I envy you Mr Dori!!! I just got ripped off by Dell through a falsead scheme buying a Sony Bravia TV on Black Friday & I am going tofollow your lead & Sue. I'm wondering if since Walmart & Best Buy arenow selling Dell products that I could have their Manager of theelectronics dept served with the legal papers??