Dell Misconduct Round Rock Texas
October 15, 2005
Federal Trade Commission and Attorney General
Complaint Division Consumer Protection Division
CRC-240 State of Texas
Washington, D.C. 20580
PO Box 12548
Austin, Texas 78711-2548
One Dell Way
Round Rock, Texas 78682
Re: Purchase of Dell Computer
Willful Breach of Extended Warranty Contract and Gross Misconduct
On January 21, 2004, I purchased an Inspiron 5150 Laptop from Dell Computers . I received this computer in February approximately the 4th. On September 8, 2004 I purchased a 3-year extended warranty which included 24/7, on-site warranty service . At the time I purchased this warranty I was required to read and agree to the terms and conditions of that warranty . My first complaint against Dell is that when I printed the terms and conditions, Dell willfully and purposely omitted Dell's name, the date of the print-out date (which is usually on the lower right-hand corner of documents printed) and which gives me no recourse as proof of time I printed it out. This is clearly gross misconduct on the part of Dell since they have the ABILITY to change their data to read anything they choose to put into a consumer's file. However I have enclosed a certification' by me as to when and what the terms and conditions stated at the time I purchased the warranty on 9/8/2004.
It took Dell approximately 8 months to even acknowledge in their records that I purchased the 3-yr. Extended Warranty including 24/7, on-site service. Now during the time I had to call Dell support - which was approximately 8 times - regarding replacing the original hard drive, I requested on-site warranty service. Dell support REFUSED to honor my request for the on-site warranty service. REFUSED. When I finally got Dell to send me a replacement hard drive it was NOT a new hard drive but rather a refurbished hard drive. In the mean time I have sent Michael Dell, CEO, a certified RRR letter notifying Dell of my complaint and proposed resolution. No response.
Please note that on the printed terms and conditions that I received on 9/8/2004, states that I was given a Total Satisfaction Return Policy in effect on the date of the invoice.
Now my computer does not work properly since the (refurbished) hard drive was installed. Note that all software was properly installed. Dell had to be requested to resend the OME disc for Windows XP, and re-send the Word Perfect OEM disk. They in no way attempted to send these disc's without my asking several times on support calls. It was like pulling teeth. Every step of the way has been like pulling teeth with Dell.
On October 15, 2005 I sent an email to Dell Support advising them that now the only solution is to invoke the terms of my warranty in that I want this computer returned for a brand new Inspiron 5150. Dell has been notified.
Two things have happened here that I consider misconduct. 1. Dell breached 24/7 on-site service and 2. Breached my warranty by not giving me Total Satisfaction Return Policy' according to the terms and conditions provided to me on 9/8/2004, a copy of which is attached.
The most serious problem I have with Dell is that they purposefully prevent documents printed from their web-site showing a specific time and date. By this omission, it allows Dell to alter their documents and to reword, or omit, original information any time at will. This is misconduct at the highest level and the State of Texas Attorney General should investigate this and demand that Dell make available times and dates information is printed from their web-site.
As of this day and date, Dell, Inc. has refused communications and to reply to my request to have this computer returned and replaced with a new Inspiron 5150 as was granted by the terms and conditions I agreed to on September 8, 2004.
I am asking that the state's attorney general investigate and be involved in this complaint and respond to this complaint.
Enclosed Exhibits (4)
Copy mailed to:
Michael Dell, CEO
One Dell Way
Round Rock, Texas 78682
I, Carole xxx do hereby certify that the Terms and Conditions and Agreement attached to this certification was printed at the time of purchase of the Extended Warranty, including 24/7, on-site service. It includes the language which I accepted at the time of purchase. I also certify that information printed from Dell's web-site did not produce a date at the bottom right-hand corner of the document.
Dated this 15th day of October, 2005
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