• Report: #210010

Complaint Review: Gateway Computers

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  • Submitted: Fri, September 08, 2006
  • Updated: Mon, January 01, 2007

  • Reported By:Sacramento California
Gateway Computers
610 Gateway Drive North Sioux City, South Dakota U.S.A.

Gateway Computers ripoff, forcing me to sue for breach of warranty and deceptive business practices North Sioux City South Dakota

*UPDATE Employee: Gateway Battery Exchange Program Press Release

*UPDATE Employee: Gateway Laptop Battery Recall

*Consumer Suggestion: Another computer compay recalled their batteries...

*Consumer Comment: lets all report them to the BBB.

*Consumer Suggestion: oh my god screen concerns heating issues

*Consumer Suggestion: oh my god screen concerns heating issues

*Consumer Suggestion: oh my god screen concerns heating issues

*Consumer Suggestion: oh my god screen concerns heating issues

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In March 2003 I purchased a computer from a local Gateway store. Since that time, Gateway has closed its retail outlets. Included in the purchase was several hundred dollars for an extended 3 year warranty.

In October 2005 I began to have problems with screen freezes and a corrupted screen. I called Customer service who told me I needed additional memory so, I purchased this. There was no change. I was then sent another hard drive that I installed per phone instructions; little to no change.

By January 2006 there were overheating problems, black outs, system error messages, the CD was sticking, screen freezing and corrupting and, I was loosing power due to a faulty AC connection. I sent the computer to the factory and it was returned the following day but, not repaired. In fact, it was worse! The problems were not fixed and, the CD was now seriously out of alignment. I called them immediately and made arrangements to return this to the factory.

Initially, I had put a letter inside the computer describing the problems and was told upon return that the service department will not read them. The second time, I sent a certified letter to Gateway describing the problems.

Gateway tried to charge me a second time for shipping. I said, "no, the computer was not repaired and I will not pay repeated shipping charges when it is returned unrepaired". Customer Service agreed but, someone repeatedly cancelled the shipping box trying to charge me and it took a month to get the box. By this time the computer was hardly working at all.

The factory then kept the computer for an additional TWO MONTHS! Each week I was told that there was a mix-up on parts and was promised repairs the following week. At the end of March, Customer Service appologized endlessly and told me they could obtain no information whatsoever on when the parts would arrive. I was then given a number for the actual service department.

While Customer Service was almost always polite, the service department manager was rude and arrogant. He refused to give me any date whatsoever for repairs and told me that parts were ordered "periodically": I would get the computer when I get it.

I filed a complaint with the district attorney's office who wrote them a letter. I recieved one call from their corporate office but the woman was equally rude refusing to give me a date or, replace the computer due to inability to obtain parts. Her reply to the DA sounded like a sales pitch and did not give any date or offer a resolution. The DA told me that if they will not honor the warranty then purchase another and sue for breach of warranty with a request for refund of the original purchase price.

The woman at Gateway's corporate offices tried to bluff about the enforceability of a private arbiration clause in the warranty: WRONG! This is unfair to the consumer, too costly and unenforceable in the State of California; AT&T appealed this all the way to the Supreme Court without success. This and other unconscionable clauses in the warranty is likely to annoy the court as it is unlawful to put unconscionable clauses in consumer agreements per the state's Consumer Legal Remedies Act.

I sent 4 letters to Gateway giving them 6 weeks to repair the computer or replace it per the warranty. Gateway twice returned the computer unrepaired. I returned the computer for the final time under breach of warranty and replaced it through another company as promised in my letters.

In August I sent them the final demand letter to refund at cost if they wish to avoid court and legal fees. I received a call from Gateway's "Executive Response Team". The man was condescending, argumentative and insisted that Gateway had the right to keep the computer as long as they wish. I asked him if he had ever heard of the Song-Beverley Warranty Act; he ignored this and tried to return the computer to me.

When the delivery was rejected (as I told him it would be) he left a confrontative message asking me to call then stating, "I want to tell you what will happen since you will not accept the shipment".

Gateway has only provided one written response to the D.A.; none to me. They have also denied records of my calls and went as far as accusing me of not calling customer service when I have a stack of notes on calls to customer service.

End of phone calls; Gateway can say what they wish in writing but, short of a refund, what will happen is what the court says will happen.

If you can't get satisfaction with your Gateway problems, you may want to check out Trial Lawyers for Public Justice. It is tlpj. (com or net). They may take class action interest in so many complaints about one company.

Lana
Sacramento, California
U.S.A.

Click here to read other Rip Off Reports on Gateway

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This report was posted on Ripoff Report on 09/08/2006 12:19 AM and is a permanent record located here: http://www.ripoffreport.com/r/Gateway-Computers/North-Sioux-City-South-Dakota-57049/Gateway-Computers-ripoff-forcing-me-to-sue-for-breach-of-warranty-and-deceptive-business-210010. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

Gateway Battery Exchange Program Press Release

AUTHOR: Mike - (U.S.A.)

Gateway Announces Voluntary Battery Exchange Program

IRVINE, Calif., Oct. 23 /PRNewswire-FirstCall/ -- Gateway, Inc. today announced a voluntary recall of approximately 35,000 lithium ion batteries containing battery cells manufactured by Sony Energy Devices Corp. Under very rare circumstances, these batteries can overheat and create a potential fire hazard. While Gateway has not identified any failures of this type in Gateway systems using the recalled batteries, the company is cooperating with the U.S. Consumer Product Safety Commission and Sony to act in the interest of customer safety.

Gateway notebook PCs with these batteries began shipping in September 2005. They were primarily sold through Gateway's Direct and Professional channels, and to a lesser degree in Retail. The affected batteries were offered as the primary or spare battery with the following Gateway notebook PC models: Gateway CX200, CX210, E100M, M250, M255, M280, M285, M465, M685, MP8708, NX260, NX510, NX560, NX860, NX100, MX1025, MX6918b and MX1020j.

Gateway advises customers to contact the company to determine whether their notebook battery is a part of this recall. Customers can find detailed information and instructions by visiting http://www.gateway.com/battery. They may also contact Gateway by phone at (800) 292-6813 from 7 a.m. to 10 p.m. Central time, seven days a week.

Gateway will replace affected batteries at no cost to the customer. In the meantime, customers may continue to use their notebook PCs by turning off the system, removing the battery, and powering the system via AC adapter and power cord.

Sony has offered to cover the cost of replacement batteries and certain other related costs. Gateway expects its direct costs will be limited to incidental expenses associated with administering the exchange program.

About Gateway

Since its founding in 1985, Irvine, Calif.-based Gateway (NYSE: GTW) has been a technology pioneer, offering award-winning PCs, servers and related products to consumers, businesses, government agencies and schools. Gateway is the third largest PC company in the U.S. and among the top ten worldwide. The company's value-based eMachines brand is sold exclusively by leading retailers worldwide, while the premium Gateway line is available at major retailers, over the web and phone, and through its direct and indirect sales force. See http://www.gateway.com/ for more information.

SOURCE: Gateway, Inc.

CONTACT: Media, Lisa Emard of Gateway, Inc., +1-949-471-7705,
lisa.emard@gateway.com

Web site: http://www.gateway.com/
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#2 UPDATE Employee

Gateway Laptop Battery Recall

AUTHOR: Mike - (U.S.A.)

I am a technician with Answers By Gateway, and I would like to respond to the last comment.

Gateway has had a Laptop Battery Recall for the past few months. Go to the following website:

http://www.gateway.com/battery

It is amazing what can be found if you would do a simple Google search.
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#3 Consumer Suggestion

Another computer compay recalled their batteries...

AUTHOR: Rhonda - (U.S.A.)

So, why can't gateway? Would it be because it would eat into their profits?? I would think if it was reported to the consumer product safety comission, if it were a safety concearn, that they could do something about it. That agency would be able, I would think, to FORCE Gateway, to recall the batteries, and replace them at no charge to customers. But, in order to do this, they need to have COMPLAINTS on file!!

Also, another person mentioned about complaining to the BBB. Which BBB are you referring to? This one, the Bad Business Bureau, or the Better Business Bureau. If you are referring to the latter, you may want to check out the reports on this site about them. They aren't too favorable. I'm surprised they haven't posted a link about it already.

Just a suggestion.
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#4 Consumer Comment

lets all report them to the BBB.

AUTHOR: Mary - (U.S.A.)

I think a class action suit would be great. I'm going to write the BBB. I don't know if it will do any good but it will make me feel better!
Mary from Beaumont
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#5 Consumer Suggestion

oh my god screen concerns heating issues

AUTHOR: Vicki - (U.S.A.)

me too this is terrible this happened to me it was about 4 weeks old when the screen started to black out off and on and the comp would turn off and on i called gateway to send sticker out 2 weeks later no sticker i called and they were updating comp so i hu and plugged comp in to charge and see if there were any changes and low and behold i went to pick it up a couple of hours later and it was so hot i let it go the battery came out and it was hot as hell so i picked up the laptop left the battery out and plugged it in and the screen was cracked mind you i was already having concerns with the screen blacking out and the comp turning off and on so i called them and told them what had happened and i sent it to them RJ who seems to be the jerk everyone gets called and said oh it had been dropeed and that will be 494.00.

I said what i dropped it because it heated up he said ok 400.00 i said forget it are you going to replace the battery he said no oh my god i couldnt believe this he said when you get it back if you have the battery concerns again we will replace it i said oh after my house burns down forget it i got it back and took the battery out and its now a 900.00 paper weight
i cant believe this pls help someone lets do class action every one is having screen and heating concerns
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#6 Consumer Suggestion

oh my god screen concerns heating issues

AUTHOR: Vicki - (U.S.A.)

me too this is terrible this happened to me it was about 4 weeks old when the screen started to black out off and on and the comp would turn off and on i called gateway to send sticker out 2 weeks later no sticker i called and they were updating comp so i hu and plugged comp in to charge and see if there were any changes and low and behold i went to pick it up a couple of hours later and it was so hot i let it go the battery came out and it was hot as hell so i picked up the laptop left the battery out and plugged it in and the screen was cracked mind you i was already having concerns with the screen blacking out and the comp turning off and on so i called them and told them what had happened and i sent it to them RJ who seems to be the jerk everyone gets called and said oh it had been dropeed and that will be 494.00.

I said what i dropped it because it heated up he said ok 400.00 i said forget it are you going to replace the battery he said no oh my god i couldnt believe this he said when you get it back if you have the battery concerns again we will replace it i said oh after my house burns down forget it i got it back and took the battery out and its now a 900.00 paper weight
i cant believe this pls help someone lets do class action every one is having screen and heating concerns
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#7 Consumer Suggestion

oh my god screen concerns heating issues

AUTHOR: Vicki - (U.S.A.)

me too this is terrible this happened to me it was about 4 weeks old when the screen started to black out off and on and the comp would turn off and on i called gateway to send sticker out 2 weeks later no sticker i called and they were updating comp so i hu and plugged comp in to charge and see if there were any changes and low and behold i went to pick it up a couple of hours later and it was so hot i let it go the battery came out and it was hot as hell so i picked up the laptop left the battery out and plugged it in and the screen was cracked mind you i was already having concerns with the screen blacking out and the comp turning off and on so i called them and told them what had happened and i sent it to them RJ who seems to be the jerk everyone gets called and said oh it had been dropeed and that will be 494.00.

I said what i dropped it because it heated up he said ok 400.00 i said forget it are you going to replace the battery he said no oh my god i couldnt believe this he said when you get it back if you have the battery concerns again we will replace it i said oh after my house burns down forget it i got it back and took the battery out and its now a 900.00 paper weight
i cant believe this pls help someone lets do class action every one is having screen and heating concerns
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#8 Consumer Suggestion

oh my god screen concerns heating issues

AUTHOR: Vicki - (U.S.A.)

me too this is terrible this happened to me it was about 4 weeks old when the screen started to black out off and on and the comp would turn off and on i called gateway to send sticker out 2 weeks later no sticker i called and they were updating comp so i hu and plugged comp in to charge and see if there were any changes and low and behold i went to pick it up a couple of hours later and it was so hot i let it go the battery came out and it was hot as hell so i picked up the laptop left the battery out and plugged it in and the screen was cracked mind you i was already having concerns with the screen blacking out and the comp turning off and on so i called them and told them what had happened and i sent it to them RJ who seems to be the jerk everyone gets called and said oh it had been dropeed and that will be 494.00.

I said what i dropped it because it heated up he said ok 400.00 i said forget it are you going to replace the battery he said no oh my god i couldnt believe this he said when you get it back if you have the battery concerns again we will replace it i said oh after my house burns down forget it i got it back and took the battery out and its now a 900.00 paper weight
i cant believe this pls help someone lets do class action every one is having screen and heating concerns
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