CLASS ACTION against Dell

I think suing Dell for Fraudulent Misrepresentation or Negligent Misrepresentation is totally feasible. In fact, in the Direct2Dell blog Dell admitted that

"...sorry, folks, but I was just doing my job. Yes, you have been misled, but what else can I do? I was just copying the party line from the template.
Oh, and, believe me (Lionel Menchaca), it's the stupid paint process. It's an issue of scale, okay?
Check with Alex if you're still in doubt." (check out www.direct2dell.com for more information)

I don't know about you guys, but clearly "misleading" is a crime. Though, if anyone of you knows enough about law you may be able to clarify on this issue.

 

Where exactly did they mislead you? State your case.

k

 

MOD please close this Thread. This is just obserd.

 

What was misleading? If it was estimated wait times, there is nothing you can do. Parts and/or specs in an order (like the DDR2 GDDR3 thing) then you might have a leg to stand on.

I haven't found that text you bolded yet on the site. Perhaps a more specific link for all our benefits?

 

seriously?
lol

i dont see where you're coming from

 

"Words or conduct that convey a false or misleading impression" There are several reasons:
1) By the time I ordered, 7/23, Dell must have been aware by then of the problem with the painting, since people who ordered as early as June were delayed. Thus, there were no reasonable grounds that it was possible for my order to arrive on 8/16.

2) The costumer service rep. whom I talked to asserted that: Yellow paint would arrive on 8/20-8/21, and "it only takes one day to build", but most importantly I did not cancel because she promised no later than 8/27.

3) Finally estimated delivery time conveys a sense of relative accuracy, at most one week late of an estimated three week delivery time. Or else, I can simply "sell" you a computer with Q6700, 8800 Ultra, 4GB RAM, for only $400, but if I delivery it 5 years later it's useless (plus I would earn money).

Sorry, it took a while for me to find it as well. It's a comment made by Lionel at Aug. 25 9:51PM.



Also the blog is moderated, meaning it's impractical that it was made by someone impersonating Lionel.

 

i hate how america is a sue country. dell bears responsibility for delayed shipments, but suing them is just ridiculous. it may be their fault for not anticipating so many orders, but you get a quality laptop for a very reasonable price -- the very same reason why they have shortages in the first place.

if you're that frustrated, you should just cancel your order and take your money elsewhere. suing them is an extreme. and as mentioned they are ESTIMATED SHIP DATES. they should have not taken money from you either before its shipped, so technically, they dont owe you anything.

 

I just thought I'd point out that the thread poster is a Canadian, not an American. America may have some sue-happy residents, but this individual is not among them.

And it's not even worth it to sue dell. You'd waste a couple laptops worth of cash in legal fees just to get laughed out of court.

 

Interesting, but first you already have your laptop. Second, you did not receive any delay (in fact you order way after me), so I don't think you can comment on other people's emotions. Anyways, I'm not trying to sue them at all, I'm just curious if it's feasible to sue. Clearly, Dell can't just go and randomly point at a number and say its when your laptop will arrive, and delay it by more than a month with further uncertainities, something you haven't experienced.

Plus, have you even read all the posts? Don't you realize that when I ordered they KNEW 8/16 is completely absurd, but nonetheless they used that date. That is not Innocent Misrepresentation (something you are trying to suggest), but intentionally lying just to get another customer. That's crime.

And I've wasted time not having a laptop, I'll be happy if Dell gives me a time machine so that I cancelled it earlier, and I'm spending time right now using some other laptop. And, je suis canadien.

What do you think a fair compensation would be?

 

I can see where they are coming from, i have been waiting for my dell 1420 for a while now. I ordered on July 7 supposed to have shipped on aug 2 , now suppose to ship today???????
how is it some people are getting there orders in a timely manner and others of us are stuck listening the DELLs .............

 

one of my friends ordered a blue one on 7/14 he is still waiting they just delayed him again till sept 17th... this is pretty crazy imo.. i feel bad for all the students who really needed these.. the part that kinda ticks me off is that dell is still running all the advertisements and pushing the color thing... especially on tv.. you would have at least though they would have put a hold on stuff like that till they could actually catch up and supply them in a reasonable amount of time.. im not sure a lawsuit would be my choice but i do understand what the poster is thinking, my friend who really wants his 1520 badly may have to actually go local and buy a cheap on to hold him over or just flat out cancel and go another way.. 3 months is absurd for a laptop order delayed screens or whatever thats just to long for anything imo

 

look at their fine print for estimated delivery date etc, they all say "subject to change without notice" or something like that

 

True, but that's not what the CSR said.

 

dude.....you're suing over yellow paint?

I thought they refused to replace a broken computer under warranty or something. I understand being really frustrated....but definitely not a legal matter.

 

hmmm lawsuit might eventually happen dell posted about the xps line but did not mention the isp line had the same effects until 3-4 weeks after .... but as long as dell gives a nice discount once people receive there laptops ( i would say 10% per month ) also gota look at the whole thing all the promises people got and no follow through. on dells own site like 30+ $3,000 XPS orders where canceled . also look how they through that mail rule up and didn't give people time to respond to keep there orders they just canceled them ... ( right after there back to school sell too yes laptop cost like 300-500 more now ) and during this whole time there just now starting to update there site to reflect changes ... yet you can still order and get one before all the others ? and all the ads are running and there still pulling orders . ( there site still is not 100% telling the truth on delay even taking that site .... we all should have orders 17 days + 8 build right ? oh and dont forget lies lies lies and what company dont have a backup plan ( plan parts with no pant to sub if someone wants there laptop now oh like subbing the vostro case parts for the 1720 most likely the vostro is the same but not colored or shinny )


but honestly only the lawyers will win ..... in a class action lawsuit

 

most of those reasons are definitely lawsuit worthy. When a company claims u can only get certain configs with certain comps and then has another line with the same configs and is cheaper, that is definitely something u can sue over.

 

Oh wow, then you do not want to hear the following:

My cousin ordered his 1420 (midnight blue color), on July 25th and got his in August 15. It was late, but it arrived and in perfect working order. Dell's priorities are all screwy.

 

What an idiotic thread seriously!!! There is no recourse that can be taken simply for the way in which Dell does its business. Its not Dell thats not performing their functions, but rather the component manufacturers that are not performing theirs. There is no guarantee by the diff components manufacturers whatsoever.

And this is not only Dell so hey, lets sue Sony, HP, Compal etc...

Next, the time frame of what...less than two months is also reflective of a laptop that is "built for you" as Dell says.

Use your brains; there is no lawsuit here and to believe their is is to show your lack of knowledge on the way business works...

 

Some people have been nicely compensated by Dell but there are many others that have not been. Some people have also recieved their laptops also in pretty good time but there have been people who have been waiting for 2 months plus.

I am not sure if class action is the right way to go but maybe Dell as they have done in the past when things like this has happened offer compensation to people as standard.

This article is interesting Dell has experienced similar problems to this before and they held their hands up and compensated all those who have undergone long wait times as standard. Maybe in a way Dell has not learnt anything from this. Maybe they should have handled things a bit differently. Allowing people to place pre-orders would just be one suggestion. I think Dell could maybe do with being pulled up on this.

http://www.reghardware.co.uk/2006/07/24/dell_xps_700_cpu_upgrade/

To my knowledge Sony does not have the extreme long waits that many Dell customers have been facing.

 

lol please

 

This is because Sony and other companies had built systems long before this shortage reared its ugly head. Most Sony systems are pre built and able to be modified to your needs whereas Dells are made from the ground up.

I agree totally with the compensation issue; this coming from a person who has been compensated well above any other I have seen. Early on in the delays, I had heard that Dell would be shipping the new delayed systems with $100 coupons that could be applied to anything; this rumour seems to have dissipated.

I will concede that the articles I have wrote below my Sig block, both for new buyers and those seeking compensation, have had tremendous success. There does seem to be a definite change lately in those seeking compensation; one guy being given 50 bucks back to his credit card at the beginning of the conversation as offered totally by the representative.

I do see common threads in the amount most are getting though and they seem to be from both ends of the spectrum. It appears that, in the States anyway, people are being routed to the same salesman over and over. This is a huge dissadvantage as they then see you as a pest and just want rid of you. We must remember they are overloaded as well.

On the other end, however, the demeanor and...hmmm...whats the word here... CUNNING of the client seems to be representative of the end result. It like a game of chess I think.

See the feedback of the 'Getting Money Back' article as well as another in the Dell forum "Whos got the Most back from Dell" for a background of what I speak.

I can say this. I have had two conversations with CSRs where I have been compensated generously without being asked. Apparently, they enjoyed our conversation so much that they stopped me from getting off the phone and asked if they could throw something back my way. I was subsequently contacted by a Dell executive regarding this to which I was told that the first gratuity of $200 was totally feasible, even conceding the extreme loss Dell is getting hit on the laptop I purchased. He carried on to say that the second offering of a monitor, although complete and in the order system now, was not a good move by the CSR. I will concede that at his request I asked the order be cancelled and was offered a substantially discounted larger screen in order to 'save her hide'; she risked firing if the order was completed.

I wasn't aware of this but once in their order system, this forms Dells commitment and is binding. I say this because this is why it is so important to have email access and watch your 'My orders' page in detail. Your final price is listed there.

 

so then you vote with your wallets and choose to purchase from another computer maker. i'm at a loss as to why a class action suit would be necessary.

 

Sure dell could start calling people and send them same spec machine using the vostro 1700 case ( same as the 1720 / 1721 case) instead of waiting on certain color at this point i would not care and get a random color . theres things they could do to speed things up .

yet in the end of a lawsuit we wouldn't win and dell wouldn't win the lawyers would though

i agree that dell should discount allot and im hitting close to my 2nd month. i have never had this problem with any order i have placed.

this is gona be very interesting to watch , what will dell do to compensate there customers , how hard are all the canceled orders gona hit dell are they gona be around for much longer . the only reason a class action would be required if they start to shaft people ( oh this is happening to everyone no discount for you )

allot of college students ordered these and not much communication untill it was close to school and they where stuck with there dell orders ( yet alot of them went to stores and bought off the self systems ) some like myself had to rent a laptop ....

 

Well see they "Did take" Money from me

They deducted the money from my Dell Account on 7/24(Ordered on the 23) i was told my ship date would be 8/4..they then pushed me back to 8/14, and then back to 8/28..i called was told my notebook would ship today, log on today..pushed back to 9/6..this is absurd

if i sue them, its not gonna be class action, its gonna be individually..i have screenshots and the whole 9 yards of my original order

i was "lied too" they took my money over a month ago, yet still no product, i have even allready made a payement, i have legal grounds of "standing to sue" against.

i more than likely will be filing suit over this mess...if i would have known about this delay at checkout, i would not have even orndered it in the 1st place

im not paying restock fees, and i am not paying taxes on a product i have never received and that is what dell wants me to do if i cancel and i refuse..i will sue them 1st...

i have bewen blantly shafted..no two ways about it

 

i am just mega jacked right now..i need this notebook..last quarter of school, internships, ect they are seriously putting a hampering on my life...i just don't have another 1300 bucks to pull out of the sky tomorrow to go and buy a notebook with...totally ridiclious

 

I understand that many of you are criticizing his idea as ludicrous and whiney but fact is that it has already been done against Dell for different reasons

http://www.247wallst.com/2007/05/ny_state_kicks_.html

Of particular interest to this Canadian consumer may be the below article.

http://www.michaelgeist.ca/content/view/2138/159/

Oh and if you want to join the NY case (are a NY resident and suffered damages in 05 and before with their financing plan...) here's the link:

http://www.lawyersandsettlements.com/case/dell_baitswitch.html

 

Though I dont know how much merit a lawsuit has, but Dell's actions are very suspect. It seems people who get compensated from dell don't want a lawsuit, Dell should have made this compensation based on certain rules Instead of basing it on a persons luck in getting a good CS rep and the talking skills.

I got screwed by delays and the federal mail order rule thus end up waiting for 90 days. A better way to run a company and treat customers would be like Lenovo, they have taken off the very popular T61P 15.4 version from their site as they had part shortages, unlike dell which even advertises on the TV for these extremely back logged models.


Dell F'ng sucks.

 

While I don't think Dell should be sued, I can certainly see a case for it. "You can cancel" is not really a sufficient remedy, since a lot of people would have cancelled (or never placed) their orders had Dell been upfront with their delivery estimates. I mean, how many people here would have stuck it out if they'd known back in June/July that they'd need to wait till September?

While initially, I believe there was no intention to mislead, somewhere down the road there must have been a realization that they were giving estimated delivery dates they were never gonna be able to meet. An estimate should give a company room to maneuver, but if you got an estimate for home repair that the engineer knew he was never gonna be able to meet, and you hired him based on that estimate, I'm guessing that's actionable.

An estimate HAS to be good-faith. I don't think it's good faith if it was never gonna be close and the company knew that when they gave it.

Once again, I don't think Dell should be sued, but people who are saying that the plaintiffs would have no case shouldn't be so hasty with that conclusion. There actually might be legitimate grounds.

Edit: BTW, I don't think there will be a class action lawsuit. This sounds more like an investigation some state AG would take up. If the scope of the problem gets any wider, I wouldn't be surprised to see that happening at all.

 

How can you tell if a person feels the world owes them something?

They cry "Class Action Lawsuit" when they don't get their way!

Seriously, what a useless thread and waste of time/resources!

 

Oh my gosh, but that is so clever! You know what else is clever? Thinking before you speak.

You can't come up single reason other than "world owes them something" that a class action lawsuit would be useful for people? No, you just glibly dismiss them instead.

 

Did I hit a nerve perhaps?

 

I was in contact with Lionel regarding the comment in question and he has since added an additional comment after that one stating that it was not him, but an impersonator.

http://direct2dell.com/one2one/archive/2007/08/24/25755.aspx#26982

 

What can I say, people who parrot any old BS they hear without processing it through their brains first and then condescend to those who do, annoy me. You got me.

It's not that you don't like class action lawsuits. Everyone's entitled to an opinion. Is that you automatically (and falsely) assume that it somehow makes you superior to those who actually understand their purpose.

Although if I took a position that I never actually thought I'd have to support..with like facts and stuff, when someone confronted me on it, I'd prob roll my eyes too. It's a great defense mechanism.

 

Now who is making false assumptions? You're reading between the lines and interpreting your own meaning thinking I somehow feel I'm better than others. You're wrong, and IMO, quite ignorant for coming to that conclusion.

From my perspective (which you have absolutely no insight into and therefore judging me upon is pretty useless), the people that I have seen start CALs are not always well-spoken, educated people. A lot of them jump on the bandwagon because someone put an asinine idea in their head (remember, this is just my opinion). Ever hear the saying "Never underestimate the power of idiots in a large group"? Same idea.

If you don't agree with me that's fine, I really don't care......but don't get your panties in a bunch and try tell me I'm wrong for the way I feel because that's just ignorant on your behalf.

 

"How can you tell if a person feels the world owes them something?

They cry "Class Action Lawsuit" when they don't get their way!
"

Is that a positive attribute in your opinion? Oh I'm sorry -- if "world owes them something" is a compliment in the world you live in, I most regretfully and humbly withdraw each and every comment and assumption I made about your views.

 

See my previous post because obviously you didn't bother reading it before letting your fingers seizure across the keyboard again.

 

Khris and BertieW ~

Please, let's not start sniping at each other. We're all a little short-tempered with these Dell delays. Redirecting our anger at someone else on the board won't solve anything.

 

I completely agree with you. I was simply stating my opinion (which is not right or wrong) and I got jumped all over, so I responded in kind.

Ironically, the ordering experience with Dell for my m1330 wasn't even that bad. I originally ordered on July 13th, which got canceled, however even with the replacement order, I still had my laptop within 4 weeks.

Upon receiving it I noticed a few pieces of plastic on the top of the LCD to be a little warped and ended up getting $400 off. I have no complaints at all!

 

Khris ~ You're very lucky! So many of us are waiting with no end in sight. I'm glad you got a discount on it. An added bonus!

 

It was kind of a tossup because originally I was going to ask for a replacement, but then I asked about a discount and she right away offered $400. That right there pays for my 3yr Complete Care coverage so I figured I could live with a slightly warped piece of plastic in exchange for $400 off!

Good luck in getting your Pink Flamingo soon!

In the meantime however, hopefully this helps!

 

Khris, for someone who thinks this thread is a waste of time, I'm kind of amazed at how much time you're spending here...

To stay on-topic, I think Dell's probably covered by their fine print, BUT the BBB and your state attorney general (or whatever the equivalent is in Canada) would probably be good resources to find that out for sure.

 

Thank you, Khris! That's a beautiful photo!

 

Hey u can use the limited warranty and get it replaced lol.

 

MikeUMD ~

At this point, I have a better chance of getting that flamingo than my laptop.

 

Probably cost less too!

 

If I think the world owes me something, then why would I pay $1800? Secondly, I don't think everyone who got delayed has received $400 in compensation, if that's the case then it would've been a satisfactory solution.

The only problem is that the blog is moderated, and to miss something as discriminating would be very remote.

Another thing I don't get is that people who got their orders on time got a few hundred dollars in discount, while peope who got delayed mostly got nothing.

Clearly you have been bribed over Dell's side with discounts valued more than your initial order! If the way Dell "does its business" is against the law then it's possible to sue. If you are saying that Dell has no control over the delivery date of its individual components, and yet Dell still gives a specific date of delivery then it's perhaps "Neglegent Misrepresentation" simply because Dell has no guarantee, yet it's conveying a sense of guarantee for its delivery date. Now, many people prior to their order have ASKED DELL IF THEIR ORDER CAN ARRIVE BEFORE A SPECIFIC DATE, and DELL SAID YES. Therefore, it removes the "E" of EDD, and Dell is not only breaking contract, but if Dell knew it can not keep the promise but it does anyways to attract costumers then is called "Fraudulent Misrepresentation".

Secondly, I don't see why it's not Dell's fault if people chosen by Dell fails. An analogy would be your typed report is due on Friday. But, you wait until Thursday to print it out, and then you found out the only computer (your dad's) in the house is broken, and won't be repaired until Saturday. Now, I've never got any leniency because I waited until the last moment to print the assignment and found out the printer's broken and eg. Similarly, Dell should have a stockpile of material, or at least some sort of guarantee of supplies.

 

I bet the person who does the moderation queue probably has to run through easily 300 comments in each batch. I'd imagine they scan them quickly for excessive swearing, spam, and so forth. If you look at the number of comments that go through that blog daily, you can imagine that they may not have time to read every single comment in such detail.

 

Jarrod......

You are not a fine representation of Canadians. You put the 'eh' in Canada eh. But I must say...typical BC guy lol. (I dont like that theres no toilet paper in the washroom and was held up for my business meeting...Im suing MacDonalds!!!)

 

If I've paid for a washroom guaranteed to have toilet paper. Likewise, I've paid Dell knowing that my laptop should be here sometime around 8/16/2007.

I don't think it's even possible for someone like you to experience what people like me are feeling. First, you've got your laptops already. Second, you got A LOT of compensation. I got nothing.

Finally, nothing I've stated is in any way against the law, and I have yet to hear some legal comments regarding this issue (what I hoped to hear). I wouldn't be complaining if I got half of what you got. Are Canadians blind to the law?