- Report: #228182
Report - Rebuttal - Arbitrate
Complaint Review: Gateway Computers
Gateway Computers610 Gateway Drive North Sioux City, South Dakota U.S.A.
Gateway Computers Ripoff Breaking laws in the State that licensed them to do business North Sioux City South Dakota
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Trial Lawyers for Public Justice may help; they are national but the Oakland, CA. office already has complaints and has shown interest. Gateway's same type of "binding arbitration" clause was fought by TLPJ. Even though the suit centered on California's Consumer Legal Remedies Act; the 9th circuit court of appeals called these "contracts of adhesion" clauses (take it or leave it, standardized consumer-unfriendly contacts) "unconscionable". This is not just "unconscionable" in California, the 9th circuit is a federal court thus, what is "unconscionable" applies in all states. Check out report many class actions and have forms to fill out that attorneys look at from all over the country.
I researched the law to file suit in small claims court. Ask.com gave me better answers and sent me to applicable codes at . I am in California. In addition to Gateway's "binding arbitration" being unenforceable per our Legal Remedies Act; Gateway's "sevice agreement" was not noticed with all terms, conditions and exclusions conspicuously written in simple language and provided to the consumer PRIOR TO SALE as is required by state law. Gateway's concealment of a separate service agreement prior to sale and as required by law would render the agreement unenforceable. I do have an "express warranty" of 3 years parts and labor.
I documented EVERYTHING from the time of sale, notes on all the calls made, a complaint to the D.A. and, 5 registered letters detailing the dispute, demands to cure and a final demand to refund cost if they wish to avoid court; they refused to respond in writing to all of my letters.
My state's small claims court allows up to $7,500 and has legal advisors. The legal name and agent for service (usually provided by the small claims advisor) is needed to serve them with the notice to appear in court. This can usually be done via certifed mail with a large corporation. Venue (or jurisdiction) must be established to determine the proper court. In California it is where the transaction (or major portion thereof) occurs. I purchased through a local retail outlet and would never order a computer through a factory with the risk of having to go to a distant locale to vindicate my rights!
Gateway kept my computer that was under warranty out of service for 4 months returning it twice unrepaired, had no parts to repair it and refused to respond, replace or compensate in any way. I consider this willful negligence and will ask the judge for a penalty beyond what they would have to pay if they acted in good faith in the first place. The court expects both parties to act in good faith to settle a dispute out of court; there are penalties for refusing to do so. From my perspective, Gateway has tried to win by intimidation while ignoring the laws of the state who licensed them to do business.
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sorry, allowing you to give a competitors name would instigate others to just file against their competition, to only come back later to suggest their company your comments on this policy are welcome! CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
Click here to read about the finance company for Gateway Computers
This report was posted on Ripoff Report on 01/01/2007 05:27 PM and is a permanent record located here: http://www.ripoffreport.com/r/Gateway-Computers/North-Sioux-City-South-Dakota/Gateway-Computers-Ripoff-Breaking-laws-in-the-State-that-licensed-them-to-do-business-Nort-228182. 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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