Taking Gateway to small claims court/ local magistrate

[tankman1989]

I was wondering if anyone has ever taken a PC manufacturer to court over bad hardware.

The situation is I had a laptop for less than a year and I had many problems. The media card readers never worked out of the box, the keyboard was always messed up and the hinges were REALLY tight. Well, they sent me a new keyboard while under warranty and I had to replace it myself!! I asked about the SD card reader and they said that I would have to send the machine back and it would take about 2 weeks for a repair and that was out of the question. Now the hinges are TOTALLY broken and the laptop is not booting at all (which I think I can repair with a fresh image of the machine).

I know the machine is out of warranty but I am wondering what would happen if I file a claim with my local magistrate, where the machine was sold. I bought the machine from Circuit City (RIP) so I can't go back there either. I can't see Gateway paying a lawyer hundreds of dollars to represent them in court.

All I am asking for is new hinges but don't want to spend $150+ for them. Ideally I would like to send the machine back and have them fix the whole thing (since the keyboard isn't working very well AGAIN!).

Does anyone think it is worth it to try this or is it just a waste of time? If I file, do you think Gateway will contact me and take care of my issues?

Thought please! Thanks!

 

[reesk92]

well a long as you can prove its broken when youi bouhgt it then i shouldnt see why not.its your consumer right you payed them for a laptop and they must provide you with such

 

[hondablaster]

Sometimes the best revenge is to let go, and remember never to purchase anything from them again along with the negative word of mouth that comes with it.

Gateway is a San Diego company and I'm aware of their financial woes. Karma has got them.

The question you have to ask yourself is the hassle worth the gain? And even then you still might lose!

 

[Daifne]

Er, Gateway was bought by Acer over a year ago.

I also think they would have their own team of lawyers. Wouldn't cost them anything extra to fight this.

 

[bagellad]

sounds like you had your chance to send it back, but didn't want to due to it taking so long. I doubt a company will do anything now that it is out of warranty unless they had a recall or secret warranty or something. EG toshiba and the static charge problems. i worked for a similar "Extended warranty" service and they follow the rules to the letter. I wish you luck though!

 

[dhrandy]

I don't think you'll have much of a chance of winning.

It would probably be cheaper to replace the laptop than taking a chance of losing in court.

 

[tankman1989]

My point is I would think that they would be more willing to send replacement parts for the defective items than send an attorney to the middle of PA. I doubt they have attorneys on retainer in this area. I would think it more economical for them to replace the parts than to send an lawyer.

Does anyone know where I would file a lawsuit, the jurisdiction from where it was purchased or where Gateway is based?

 

[TechAuthority]

I think you would need to find out where their registered agent is located in your state, then file a lawsuit in that county. I don't see you with any chance of winning. You told them the laptop was broken, they sent you a part for the one problem and offered to repair the second problem. If it broke again under warranty, you should have notified them again. As far as paying a lawyer, when you lose, they will collect all the lawyer fees from you.