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Woohoo! We're being threatend with a law suit!

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  • Woohoo! We're being threatend with a law suit!

    To make a long story short, my store may be sued by some lady because she believes she had a defective device and will not take a refurbished model as per the warranty.

    Now, on to the long story:

    I'm looking through the drawers, cleaning them out of stuff and I see a set of letters sitting in there and one is marked to the Manager of the store (which would hopefully be me ). The return address is from this DA so I know that this can't be good. I open the letter and read on (I was planning to post it, but I won't till everything cools down). Basically it read like this:

    - Customer purchases a pda from us in April '06 and goes home happy. The guy that sold it is one of my stellar enforcers of the return policy, so I know he told her the right stuff.

    - Customer has a problem with her screen in Mid-July and comes in to do an exchange with someone (not sure who it was). She's explained our return policy again and told that she needs to deal with Palm directly to get the problem fixed.

    - At some point she send it in to get it fixed, with her SD card (which I know Palm says to not send with the device) and gets it back missing said card and the problem is not "fixed".

    - She gets mad, and contacts Palm again and they offer to give her a new refurbished device (as it states in the warranty) and this gets her outraged.

    - She contacts said DA and they in turn, instead of going after Palm, come after our outfit here.

    She wants either 1), a new PDA and will return the old one when she gets it, 2) a check for $337.10 (the price of the PDA, shipping to Palm, and the "stolen" SD card), or 3) have our attorney contact hers and then start a law suit.

    This lady is batsh*t out of her mind trying to come after us. Once it is out of our return policy; then Palm takes over for warranty no ifs, ands or buts. This lady is threatening us because she knows that my boss may cave in and give into her demands. This is going to be fun to see where it exactly goes. I'll keep you updated when I know more.
    Movie, Music, Anime and many more reviews...coming soon!

  • #2
    DA = District Attorney?
    You're focusing on the problem. If you focus on the problem, you can't see the solution. Never focus on the problem! --From Patch Adams

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    • #3
      Wow that's bad.

      I've been threatened with a lawsuit a few times but in my experience they never follow through with it.

      Like I would seriously think someone would pay 100s of dollars of lawyers fees to recoup the cost of a $60 video game.

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      • #4
        Quoth BrightEyedKitty View Post
        DA = District Attorney?
        Yeah, I was kind of stumped on that one also. Admittedly, you could write my knowledge of the system on the head of a pin, but for a civil suit, I'm pretty sure it's just a regular lawyer?

        Ahhh, the joy of the system. Here's your store with no responsibility, no liability, no legal reason to be involved in the process at all, and your boss still gets to write a large cheque to his lawyer to (hopefully) prove that all your ass-covering measures did in fact provide the protection that they're obviously in place for.
        D.I.L.L.I.G.A.F.
        Quoth = Crossbow "EvilHomer, Irv, Gravekeeper, and Seraph: the Four Horsemen of the Dumbpocalypse."

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        • #5
          It depends on where you are, but in some states or principalities, the DA handles many of the court cases that fall under "Civil" cases in other states. It really depends on the laws, but if the DA thinks there's case for criminal charges, they get involved too.


          Also, remember, in many locations; the bailiff has to have a warrant (not arrest type) served from the DA to even serve someone papers.
          Learn wisdom by the follies of others.

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          • #6
            I think he's a friend of the plantiff and he may in fact be a DA doing a civil case as a favor. I'm trying to find out more, but I'm not sure what's going to come of this. For the most part, we should be covered since our return policy is stated on the reciept and told to each customer (even though I know she'll deny it). Also, she tried to return/exchange it almost 2 months after it had been purchase without even talking to us before hand. If the problem had been happening since "she bought it," I would have handled things accordingly. I don't think we'll be owing her anything.
            Movie, Music, Anime and many more reviews...coming soon!

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            • #7
              Why the hell is she sueing? Because she stupidly sent the manufactuer her SD card (and it got misplaced or stolen by an employee) and they failed to fix her PDA to her satisfaction? Sounds like she has an anger problem to me. She should be sueing Palm for a faulty product, not you guys who are merely the distributer. For all you know the "problem with her screen" could be that she freaking stepped on it or dropped something on it.

              Batshit indeed!

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              • #8
                Pfffttt!! *wipes off screen*

                Good f*****g luck on THAT lawsuit ya crazy old bat!! LMAO.

                Keerist, some people have WAY too much time on their hands.


                PS: Speaking of which...pull my finger
                "I reject your reality and substitute my own"....Adam Savage-Mythbuster

                Must remember to stop using "brain of death" on slower morons.... I meant customers.

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                • #9
                  I hope that nothing comes about with this lawsuit. It's not your stores fault that she didn't read her warranty ahead of time to find out that she will get a refurbished one. The said goes for the cellular manufactures, they don't send out new equipment either, it is all refurbished. She sent in a used item and she gets a used (although factory restored) one in exchange. I see this all the time in the warranty and have had a few lawsuits threatened on me personally, more times than I can remember. According to the warranty through Palm, she doens't have a leg to stand on. Also, they do tell you NOT to send in any accessory, including any chips or cards when you call in for warranty service. I have talked to then on occasion for customers either to scared or lazy to talk to them theirselves.

                  Please keep us updated on this.
                  Woman are like guns, if you don't treat us right, we'll blow up in your face!

                  Pain is your bodies way of telling you that you're still alive.

                  I am also known as Liquid Skin and Silkekitten.

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                  • #10
                    What's an SD Card?

                    We had something similar happen - or maybe it's not similar but I'm gonna tell it here anyway hee hee

                    We had sheriffs show up at the place I was working b/c we had one of our distributors of our products put OUR name on their business credit card (the business's name - not to be used by individuals, only by corporate) and the credit card company was trying to go after them. The sheriffs wanted to take OUR COMPANY stuff (computers, etc.) for restitution (is that the right word?) . Um No. This person was not employed by us but was an independent contractor allowed to sell our products - but not use our business name to give our business bad credit or anything like that! We got it straightened out - at least to the point where the sheriffs left without anything. We had stuff like that come up a lot though - where people would get mad at the corporate office b/c of something someone else told them - go after the person who told you that - not the corporate office who clearly states in a booklet you are given before you sign your contract AND which is always available online what the policies are.......

                    Good luck! I hope it all goes well for you and this lady gets nothing!

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                    • #11
                      SD card = Plastic data storage card that fits in to many phones and digi cameras. And also, in this case, a PalmPC.

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                      • #12
                        DING!! Fries are up!!

                        http://en.wikipedia.org/wiki/SD_card

                        Bon apetit!
                        "I reject your reality and substitute my own"....Adam Savage-Mythbuster

                        Must remember to stop using "brain of death" on slower morons.... I meant customers.

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                        • #13
                          Quoth Noo_Noo View Post
                          SD card = Plastic data storage card that fits in to many phones and digi cameras. And also, in this case, a PalmPC.
                          Also some MP3 players (such as mine).
                          "Crazy may always be open for business, but on the full moon, it has buy one get one free specials." - WishfulSpirit

                          "Sometimes customers remind me of zombies, but I'm pretty sure that zombies are smarter." - MelindaJoy77

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                          • #14
                            Well, here's a quick update for y'all:

                            Got an e-mail from my boss and it seems that the customer is still trying to go through with the suit. The funny thing is that this customer wants to make it a Supreme Court case and she can only go to small claims court where her attorney is barred from. So, it would literally be her vs. Palm and there's no way that she would be able to win it by herself. It seems that Palm doesn't want it to go to court, so we'll have to see if they just settle this outside of court or if they actually beat her into submission. Lets hope its the latter
                            Movie, Music, Anime and many more reviews...coming soon!

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                            • #15
                              Holy moly. At least it looks like (to me anyway) that your store isn't liable for any of this, no matter how completely wacked out that SC is.

                              ::raises soda can:: Here's to hoping she gets what's coming to her.
                              Desk-On: Apply directly to the forehead.
                              Desk-On: Apply directly to the forehead.
                              Desk-On: Apply directly to the forehead.

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