Taking Dell Computers to Court - Now they have filed Motion for Summary Disposition

[freakinhobo]

I'll try to make this as brief as possible. This is taking place in Florida. I ordered a monitor back in November 2016 and was supposed to be an XMAS present. Dell promised it would be processed the day I ordered it and send next day air. The days and weeks went by as I tried to call them multiple times to get an answer as to where my product was. I was told multiple times that it would ship soon and even have an email stating that it WILL ship within 2-3 days from that email. More weeks went by with no progress as far as to when it might ship. Dell continued to push back the date more and more claiming there was a part that was not available and the monitor was now back ordered. I had tried to call multiple times to get connected to their order modification dept in order to cancel the order and was placed on hold 2+ hours every time I called without getting to anyone that could help me. The 2 times I was connected they said it was the wrong department and transferred me to another department where I was placed on hold again. Long story short, I spent 25+ hours on the phone trying to figure out where my goods were, and then trying to cancel the order which was impossible. I finally received the monitor (after filing small claims) and did not attempt to return it as I KNOW that process would have been an even worse nightmare. I filed suit against Dell for mainly the time I spent calling them, court costs and breach of contract. I showed up at the mediation and Dell had hired a Lawyer and basically stated that "Dell would rather spend tens of thousands of dollars beating people like me" rather than give in or settle. This next week on the 25th the case goes before the Judge and I just received notice that Dell and their lawyer has filed Motion for Summary Disposition.

So I guess I am wondering what my options are. I have everything documented... but concerned about getting counter-sued (assuming that's what that notice means) and for how much... Looking for any suggestions in order to move forward and better prepare for this. I can give more specific details to anyone that is willing to either help or just help me decipher what some of this means. Thanks!

Mike

 

[CTU]

I'll try to make this as brief as possible. This is taking place in Florida. I ordered a monitor back in November 2016 and was supposed to be an XMAS present. Dell promised it would be processed the day I ordered it and send next day air. The days and weeks went by as I tried to call them multiple times to get an answer as to where my product was. I was told multiple times that it would ship soon and even have an email stating that it WILL ship within 2-3 days from that email. More weeks went by with no progress as far as to when it might ship. Dell continued to push back the date more and more claiming there was a part that was not available and the monitor was now back ordered. I had tried to call multiple times to get connected to their order modification dept in order to cancel the order and was placed on hold 2+ hours every time I called without getting to anyone that could help me. The 2 times I was connected they said it was the wrong department and transferred me to another department where I was placed on hold again. Long story short, I spent 25+ hours on the phone trying to figure out where my goods were, and then trying to cancel the order which was impossible. I finally received the monitor (after filing small claims) and did not attempt to return it as I KNOW that process would have been an even worse nightmare. I filed suit against Dell for mainly the time I spent calling them, court costs and breach of contract. I showed up at the mediation and Dell had hired a Lawyer and basically stated that "Dell would rather spend tens of thousands of dollars beating people like me" rather than give in or settle. This next week on the 25th the case goes before the Judge and I just received notice that Dell and their lawyer has filed Motion for Summary Disposition.

So I guess I am wondering what my options are. I have everything documented... but concerned about getting counter-sued (assuming that's what that notice means) and for how much... Looking for any suggestions in order to move forward and better prepare for this. I can give more specific details to anyone that is willing to either help or just help me decipher what some of this means. Thanks!

Mike

Dell will win this one. Pack it up and move on, Mike.

 

[freakinhobo]

Dell will win this one. Pack it up and move on, Mike.

Can you explain a bit more? What are the chances I contact the lawyer and drop this all together? I would love to drop this completely.. but not sure how or if that will happen...?

 

[adjusterjack]

The explanation of "Dell will win" is that you had nothing to sue for in the first place.

In fact, this could be considered a frivolous lawsuit which would enable the defendant to seek reimbursement for attorney fees under Florida statute 57.105 if the court finds

that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:
(a) Was not supported by the material facts necessary to establish the claim or defense; or
(b) Would not be supported by the application of then-existing law to those material facts.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0057/Sections/0057.105.html

You should have withdrawn your lawsuit as soon as you received the monitor.

Sure, you can call the attorney and see if the whole thing can be dropped. Or, you can just wait until the court rules on the summary judgment and hope you don't get hit up for attorney fees.

 

[latigo]

Can you explain a bit more? What are the chances I contact the lawyer and drop this all together? I would love to drop this completely.. but not sure how or if that will happen...?

So you've "Taken Dell Computers to court" have you now?

When your frivolous lawsuit goes down the drain you'll find out just who took whom to court!

Just out of curiosity though what gave you the notion that Dell was legally obligated to reimburse you for the time you spent on the telephone tracking your purchase order. How much did you pray for in your complaint by way of damages and how did you arrive at the dollar figure?

When you wait in line at a busy checkout stand do you count the minutes expecting the store cashier to deduct from your purchases your lost valuable time? Probably not, but I'll tell you who is going to be computing time and you ain't going to like it. I'm talking about Dell's lawyers adding up the hours spent putting the skids to your ill-advised so-called "lawsuit" as they prepare to submit their motion under Section 57.105 of the Florida Statutes!

 

[freakinhobo]

So you've "Taken Dell Computers to court" have you now?

When your frivolous lawsuit goes down the drain you'll find out just who took whom to court!

Just out of curiosity though what gave you the notion that Dell was legally obligated to reimburse you for the time you spent on the telephone tracking your purchase order. How much did you pray for in your complaint by way of damages and how did you arrive at the dollar figure?

When you wait in line at a busy checkout stand do you count the minutes expecting the store cashier to deduct from your purchases your lost valuable time? Probably not, but I'll tell you who is going to be computing time and you ain't going to like it. I'm talking about Dell's lawyers adding up the hours spent putting the skids to your ill-advised so-called "lawsuit" as they prepare to submit their motion under Section 57.105 of the Florida Statutes!

I'm not sure why everyone is getting so angry.. I mean I was promised something and it wasn't delivered. So I want to make sure I'm understanding this... I am upset and want to be compensated for my time... but that is considered crazy. But when Dell wants to be compensated for their time... that's just. How broke is that? I mean come on....

Research customer service with regard to Dell... it's not like this is the first time this has happened. Why do people treat people this way?

 

[CTU]

I'm not sure why everyone is getting so angry.. I mean I was promised something and it wasn't delivered. So I want to make sure I'm understanding this... I am upset and want to be compensated for my time... but that is considered crazy. But when Dell wants to be compensated for their time... that's just. How broke is that? I mean come on....

Research customer service with regard to Dell... it's not like this is the first time this has happened. Why do people treat people this way?

The monitor was delivered and is still in your possession.

You have no valid reason to keep going with this suit against Dell. It's got nothing to do with customer service, and frankly I wish you would have come here BEFORE filing the suit ... you would have been warned off and you wouldn't be sitting here having to think about paying Dell's costs. They want to be compensated for their time because they shouldn't have to spend time and money defending against a baseless lawsuit.

Please take a look at the actual statute latigo provided. You can read it here: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0057/Sections/0057.105.html

 

[Dandy Don]

What contract do you have with them that they breached?

If you paid for this monitor by credit card, you should have shipped the item back to them and disputed the charge.

Were you given the opportunity to go to arbitration with this dispute? Maybe that would have been better than going to small claims court.

It's a shame that you have been treated so shabbily and I can understand your displeasure. This is no way to treat a customer.

 

[adjusterjack]

Research customer service with regard to Dell... it's not like this is the first time this has happened.

You should have researched Dell before you placed your order. You would have found out what a lousy reputation Dell has for customer service.

 

[CdwJava]

My experience with Dell has been very positive! I buy my PCs exclusively from Dell, and aside from my Christmas order (where the monitor was about 6 weeks later than they had originally estimated), they have been on time or early each and every time I have ordered from them. It never once occurred to me to SUE them! I mean, it's a MONITOR! For what I would have to pay an attorney on retainer, I could buy several truly cherry systems!

 

[freakinhobo]

I wasted hours and hours of my time trying to get something I was promised...I feel like my time is worth something. I was told that I WILL receive it in 2-3 days. Not should..not may, but WILL. But that = $0/frivolous. However, Dell wants to be compensated for their time = valid. Sorry but I find that comically sad. As far as the "standing in line at a store" analogy. That is in no way valid. To put a realistic spin on it that more relates to this situation, I would have to surrender my wallet to the cashier as I got in line only to get it back when my order was complete. With your analogy I can actually just leave and go to another store if I wanted to... which I have done before.

You are very right... I should have looked up stats like this prior to ordering. BBB gives Dell an A+ rating. Of their most recent 325 reviews, 3 are positive, 6 neutral and 334 negative. Consumer affairs is similar with 329 recent reviews. 7 rated at 5 stars, 5 at 4 stars, 1 at 3 stars, 4 at 2 stars, and 312 at 1 star. Something worth noting, is that most places make you give a company at least 1 star if you rate it. Lol.

 

[adjusterjack]

BBB gives Dell an A+ rating.

BBB is the fox guarding the henhouse.

BBB is supported by membership dues.

If BBB starts telling the public the truth about it's members, it will lose members and go broke.

 

[freakinhobo]

BBB is the fox guarding the henhouse.

BBB is supported by membership dues.

If BBB starts telling the public the truth about it's members, it will lose members and go broke.

I know.. I thought it was funny how they had an A+ rating with those stats.

 

[CdwJava]

I wasted hours and hours of my time trying to get something I was promised...I feel like my time is worth something. I was told that I WILL receive it in 2-3 days. Not should..not may, but WILL. But that = $0/frivolous. However, Dell wants to be compensated for their time = valid. Sorry but I find that comically sad. As far as the "standing in line at a store" analogy. That is in no way valid. To put a realistic spin on it that more relates to this situation, I would have to surrender my wallet to the cashier as I got in line only to get it back when my order was complete. With your analogy I can actually just leave and go to another store if I wanted to... which I have done before.

How you FEEL does not matter. What matters is whether you have a valid claim against them for some form of breach of contract. I was in the same boat as you at about the same time, so I get it. But, it's simply not worth the time, money and stress to consider suing a major corporation over something as trivial as a monitor arriving late.

 

[Zigner]

I know.. I thought it was funny how they had an A+ rating with those stats.

You don't understand the rating system:

https://www.bbb.org/council/overview-of-bbb-grade/

Reviews have nothing to do with the rating.