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Judge Puts the Kibosh on Dodgy Dell Deals

Just about everyone who has shopped for a computer online knows that Dell will promise the sun, moon, stars, and a free kidney to snare shoppers for their made -to-mass-measure systems. What a sizable number in New York, and we suspect just about everywhere else, have learned is that Dell is just as good at finding a reason to dodge their doubtful deals — and now the courts have discovered it as well.

The computer giant has been at war with New York for the last year, after Attorney General Andrew Cuomo filed a consumer protection suit on behalf of 700 New Yorkers who complained of being bilked by Dell's bait-and-switch practices — since joined by an additional 1,000. The state alleged that Dell advertised deals, including low interest rates and deferred interest plans along with free equipment and upgrades, with the knowledge that as many as 93% of customers would not qualify. Additionally, the suit claimed that the company charged customers for service plans, then failed to provide adequate telephone lines and staff to process calls in a timely manner, as well as denying service to customers who managed to get through without even fully diagnosing the issue. Others had valid rebates rejected, and accounts reported as delinquent after the systems were returned for refund.

The court hearing the case has finally ruled, determining that Dell's promotions were false and deceptive, and speculating that far more customers than have come forward are due restitution from the megaseller. He ordered the company to properly disclose the chance of qualifying for special promotions, to tell customers if they've been denied a promotion but approved for high-rate financing, to stop misrepresenting service as on-site and next-day unless they actually provide it, and to clean up its credit reporting act. Dell representatives are quoted as "disagreeing" with the decision, and that "when the proceedings are finally completed" — wasn't that yesterday? — that the court would find "a relatively small number of customers have been affected." Perhaps so, in the grand scheme of millions of systems sold, but just one is enough to land you in hot water.

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Justin Ryan is a Contributing Editor for Linux Journal.

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Dodgy Dell Deals

Michelle Greer's picture

Justin, thank you for posting this. It seems like Dell gets a lot of pats on the back from people like Charlene Li from Forresters for engaging in social media, but they don't seem to be using it to address customer satisfaction issues.

Case in point:
http://www.michellesblog.net/?p=119

My favorite is where they advertise a computer that barely runs just so they can advertise a low price. And it's totally true, people with incredible credit often do not qualify for the no interest financing.

Grammar Nazi

daengbo's picture

"...unless they actually provide it, and to clean up its credit reporting act."

"Yours" has no apostrophe so "its" doesn't have one, either.

More on topic, I think "when the process is completed" might imply there's some sort of appeal expected.

Proud Linux user since 1997

Oops

Justin Ryan's picture

All evidence to the contrary, I actually know when to use an ' and when not to; I just need to stop writing the news after having been up all night.

As for the appeal, the source story mentions that they haven't decided whether to appeal or not, but what I found strange was that they referred to "the court," and the way they referred to it:

"We are confident that when the proceedings are finally completed the court will determine that only a relatively small number of customers have been affected."

That could be an appeal - though I would have expected "the appeals court" or even just "the courts" - but it sounds to me like they're expecting more in this court. Since the order didn't mention anything about compensation to the affected customers, perhaps that's what is to come.

Justin Ryan is a Contributing Editor for Linux Journal.