Report: #1106238

Complaint Review: GainSaver

  • Submitted: Wed, December 11, 2013
  • Updated: Wed, December 11, 2013
  • Reported By: herring58 — Sebastopol California
  • GainSaver
    3310 Industry Dr
    Signal Hill, California

GainSaver Useless "Warranties" Signal Hill California

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I bought an iMac 24” desktop with an Intel Core 2 Duo, a 40 GB hard drive, and some extras, for about $1,045 in October 2012. I paid extra for a 2-year extended warranty.

When I took it to my local Apple technician to get my applications and data transferred, he found glitches in the video, and the computer froze on him several times. I returned it to Gainsaver, meticulously following its instructions for UPS shipping and insurance.

Gainsaver sent me a second computer, ignoring my request for reimbursement of the $125 I spent transferring data and the $70 I spent returning the first one. I paid another $169 to get my data transferred to the replacement computer. That computer crashed in the technician’s shop; it had a “failing drive and no bootable system.” It cost me another $67 to ship the second computer back to Gainsaver in compliance with its instructions.

I told Gainsaver I wanted no more replacement computers, and demanded a refund of my out-of-pocket expenses, pursuant to the warranty.

Though its website “guaranteed 100%  satisfaction,” Gainsaver’s salesperson, Jonathan, required me to fill out a third (10/26/12) “service request” in order to ask for a refund of the money it had charged on my VISA account. Gainsaver took no action to refund my money until I had (a) contested the VISA charge it had collected, and (b) sued the company in Sonoma County Small Claims (Superior) Court, on 11/8/12. Though it eventually credited my VISA account for the $1045 cost of the defective computer(s), it ignored my demand for reimbursement of my $368 out-of-pocket expenses.

Gainsaver did not show up for the Small Claims Court hearing on January 18, 2013. After considering the evidence of Gainsaver’s recalcitrance, the Court awarded me $368 reimbursement and $736 “double damages” penalty for Gainsaver’s willful breach of warranty, under CA law, plus $40 court costs. Instead of paying or appealing that $1144 judgment, Gainsaver had its lawyer send me a letter threatening to sue me “for fraud, misrepresentation, harassment, libel, and slander.” When I contacted his office, Gainsaver’s lawyer refused to negotiate any compromise of the judgment against it.

In October 2013, the Los Angeles County Sheriff seized Gainsaver’s property to satisfy the judgment I had obtained, collecting from that company $1,444.

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This report was posted on Ripoff Report on 12/11/2013 04:45 PM and is a permanent record located here: 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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