Dell complaints

[Dell-Lawsuit]

(the opinions and findings herein regarding this matter are from a solely individual stand point and view of the author, therefore fall under the free speech right)

I have been in the computer field almost 19 years and have extensive experience in the field of computer hardware. In such time, after dealing with many companies, in this case specifically Dell computers, I had good relations with the company over the years and had come to rely on receiving the proper equipment and parts. And with a very busy and hectic schedule, did not really pay too much attention to many things as to exact specifics of each unit that was ordered in the latter years. I simply “trusted” Dell to be competent and accurate in their advertisements and expected to get what was advertised without hidden and or “fine print” exceptions that you had to actually be searching for to find.

Very recently it was brought to my attention problems regarding many laptops I had purchased, for both myself and my clients over the last few years. And even after current findings, I find that Dell is still using these same, what I personally consider, very deceptive/misleading advertising campaigns, to deceive/mislead customers into believing they are ordering something that is stated plainly and clearly from their site. However, they have become very “deceiving/misleading” at the first look, and even the second..

A clear point in case. I had ordered a Dell Inspiron 6400 laptop from Dell in July 2007. I went through the usual specification list at Dell to “customize” my order. In that order it clearly stated I could upgrade (and pay extra for) a “256 mb graphics card”, which I selected and paid for. I had also selected the 667 MHz ram which was offered on the Dell page and was highlighted as “Recommended by Dell”. Again, simply trusting the company that they knew how to properly configure their own systems to work properly. After all, it is a large computer company. I simply did not check out every single specification when I received the system, and trusted that Dell had given me what was advertised and what I expected that I had ordered.

Then after finding news regarding many, many deceptive/misleading claims posted by many people on different forums on the internet, I did my own research. To my surprise, I had become a victim of these deceptive/misleading practices as well.

After inspecting my system in great detail, I had not received a “256 mb” video card as was listed clearly in my order. It was a 128 mb video card, which then used 128 mb of my system ram to make it appear as a 256 mb video card. Again, an extra I paid more for. I also found that the “Recommend by Dell” ram upgrade to the 667 MHz was a useless one. I did receive the 667 ram, however on a system that was limited to 533 MHz and the system will only recognize such. Simply I was lured into paying extra for something “Recommended by Dell” that was simply useless on the system I had ordered.

Now that was almost 2 years ago, so I wondered if Dell had changed and corrected such “deceptive/misleading” advertising. To my surprise, they CONTINUE to do the same and I have clear evidence to show that (screen shots from the current Dell site listing very similar lines) and unless you actually “hunt” for this information, you will not find it.

Instead of listing a graphics card upgrade as having “256 mb video ram”, they should clearly list it has “128 mb ram up to 256 with shared” or something to that effect, so that consumers will know upfront what they are ordering. I was looking in the Dell “customize” feature at the new Alien Ware 17” and noticed the motherboard FSB was at 1066 MHz, but then in the section to select your ram option, you could upgrade, for an extensive cost, to 1333 MHz ram. This sent up yet more red flags. A system motherboard with a bus speed of 1066 MHz simply will not recognize or utilize 1333 MHz ram, it will use it at 1066 MHz. So I did more digging and even spoke in Dell chat with a sales representative and asked in detail (I have the chat log). As typical these days with Dell, I find that the huge majority have little to no experience in any real technical aspects of what they are selling and recommending (my estimated experience is around 80% of these Dell reps have extremely little self knowledge of these products and can only tell you what they are reading from their terminal screens, which is usually very limited and poor information). After over an hour of discussion, it was once again discovered that the “advertised” video cards, including the highest end option offer (add $600) was in fact the source for using the 1333 MHz ram as a portion of the video once again. But absolutely NOTHING is stated on the customizing order page with this selection that part of the claimed “2 gig” video card was in fact SHARED SYSTEM memory (again, have a very clear screen shot of this on the Dell site).

My personal opinion is that Dell uses such advertising to knowingly deceive/mislead the consumer, able to cut Dell’s cost and increase their profit margin. Any beginner, novice or intermediate computer user would most likely have no knowledge that this was being done, and Dell is taking advantage of such to increase their own profit! Even many very experienced computer users do not know about these specifics.

Dell attempts to cover themselves by using “disclaimer” style “footnotes” about such issues, however they “hide them” in very hard to find places that are very easily overlooked by most consumers on all levels. I would personally estimate that 90%+ have no idea these kind of tactics are being used and they are under the impression they are simply getting what is clearly stated. In a form they are, however not in the manner in which Dell represents it on their custom order page and that is clear deception/misleading on Dell’s part, knowing they are in a form delivering what is ordered, but by no means in the way it is expected to actually be by the consumer.

A company should be able to be relied upon to deliver the product as advertised AND in the way it is presented. Not by “deceptive/misleading” tactics, with only increasing their own profit. You should not have to read everything on every page and actually hunt for the “fine print”, when what they list should be enough to be relied upon as being what would actually be expected by any reasonable consumer.

Just the use of such things as “fine print” disclaimers that a person actually has to hunt for is a clear signal, at least to me, that the company is intentionally deceiving/misleading the consumer.

After searching the internet for information, it appears clear that Dell has used many “deceptive/misleading” tactics in the last few years and has already been found guilty of “fraud”, “deceptive/misleading advertising” and others and that it was a clear and ongoing deliberate practice by Dell (mainly based on the May 2008 cases by states attorneys against Dell, with other cases back to 2005) So it is clear that such things seem to be a clear pattern of Dell to deceive/mislead in many aspects.

I have not found a case as of yet regarding these styles of product misrepresentation issues. And if I cannot find one, you can rest assured, there is about to be one, unless Dell takes clear notice and changes these practices and remedies those who have fallen victims to such practices.

I personally would recommend, if you have fallen victim to such things as these, first contact the Federal Trade Commission and your states attorney general and launch a formal complaint. They will act, as they did in May, 2008 if enough people file formal complaints. Then contact Dell directly (the company intentionally hides many of the numbers to contact the Dell HQ in Texas, so it can be very difficult to navigate their designed maze to give the consumer the total run-around treatment so you will give up). I have found a legitimate number to the legal department at Dell and have an e-mail already sent and hope to have a reply within the week and hopefully a resolve. If not, I will be filing formal complaints with the FTC, states attorney general and a civil suit in federal court. And that will just be the beginning.

I will also list any and all contact information that I find, so everyone can also get a direct line into the Dell headquarters and not have to deal with a call center in India or other places. You will be able to call them direct. So call fast, because they will probably change the numbers very soon. I have seen first hand how Dell uses a maze of numbers, then will change them, simply so the consumer cannot contact them.

So to Dell, from me, you have been an extreme disappointment. I was a very loyal customer, not only for myself, but hundreds of clients. You have betrayed the trust and have actually victimized me and used that trust against me and my clients. You have a choice. Make things right and correct those wrongs from the recent past and make sure you change these deceptive/misleading practices immediately. Be up front and forthright with the consumer. If you do not, be prepared to face litigation and prosecution that will make the May 2008 find of guilt look like a holiday picnic, because this will not continue, one way or another.

Personally, I hope you simply do the right thing and put Dells business and reputation back on the right track. Then maybe in time you’ll salvage what once was a very good reputation from many years past.

If you have fallen victim to these practices and have a legitimate complaint in this same manner, we have setup a special e-mail and would like to see about forming a class action suit if needed to resolve this matter. This will be a GLOBAL effort to stops these kind of practices by Dell. Please include all of your details. Unfortunately statute of limitations apply, and the transaction must have occurred from late July, 2007 until present. Please e-mail us at Dell_Lawsuit_2009@yahoo.com.

(again, all the information and statements above are of the personal opinion and findings of the author and is covered by the right of freedom of speech)

Author, Steven Way 6/23/2009

[Rocke_T_Sinetist]

These methods and tactics have long been on display here. Along with countless dodges to contractural liabilities (warranty fulfillment), and outright lying at all levels (sales, service, finance).

Why has it taken so long to legally nail Dell for these practices? Well, few individuals will go to the lengths of hiring an attorney to litigate a $2000 purchase. Dell knows that. That's why they do what they do.

Note that their sales to large institutions, where sales run into $100,000s and a lawsuit WOULD be justified, do not utilize these practices, at least nowhere near the extent they do in the transactional (individual) sector.

So yes, Dell does calculate to mislead individuals, because they believe they can get away with it. Prove them wrong.

(Moved from News section because it does not reference a media source.)
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Rocke T Sinetist
as in, 'it doesn't take a...'

[Tailmon]

Untill the states and Fed come in and help the "Little guy" Dhell will continue to mislead and make fake claims and get away with it. Since its not something that will injure or cause us Maming harm they will get away with it.
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Former employee of Dell and can say that they
definitely Suck!

[poormanq45]

[poormanq45]

BTW, I just configured an HP laptop on their site that came with a QX9300 which has a FSB of 1066. The memory option of 1333MHz was available...