Gateway : Computers

Gateway : Computers

Largo FL 33774

March 19 2005 Ms. Machelle Christofferson Gateway Executive Offices Gateway Computers 610 Gateway Drive,

P.O. Box 2000,

North Sioux City, SD 57049 Dear Machelle Christofferson Order 37785sss– ID 3189ssss

Thank you for your letter dated March 8. I am glad to confirm that I have received the replacement computer on March 4 and it is working satisfactorily. The computer was ordered on 27 December 2004. I note that you reject my claim for compensation because of exclusions in Gateway’s warranty. You should be aware that it is difficult to exclude certain actions by a company by using warranty exclusions. Negligence and carelessness are two obvious examples. In Gateway’s case the problems were compounded by ignorance (in the sense of ‘lack of knowledge’) and inadequate training. For example, Ron,GWPC 094, Gabriel 076, Stephanie 095, Mary 002, Iris 070, Bryce 029, Brad 016 and others cannot come to the same incorrect conclusion without there being a serious problem with Gateway’s training. Again, I would commend Toshia (TC 058) for being the only Gateway employee who grasped the rebate problem instantly and recognized the implications of Gateway’s non-compliance with the terms of the rebate offer. There is no point in reiterating the long list of all the other technical and administrative problems that have occurred. As I mentioned during yesterday’s ‘phone call I have no problem with the occasional mistake and wrong technical diagnosis. These are normal, understandable and acceptable human failings and, maybe, life would be dull without them! What I will not accept is the repeated negligence, carelessness and incompetence shown by Gateway in January and February 2005. There was one final example of Gateway’s carelessness. The last computer was addressed to me at “Apartment 403, Largo FL 33774”. Fortunately the lady at FEDEX in Tampa did some detective work with the ‘phone book, checked that I was expecting a Gateway package and asked for my address. The car companies have found that they could not shelter behind warranty clauses and in their case the first claim for compensation would have been the cheapest to settle. Ford and GM are good examples of this. Some 25 years ago, in England, a driver started the Rusty Lancia Owners Club after, Lancia – the Italian car manufacturer, rejected his compensation claim for corrosion. Later, after a desperate advertising campaign aimed at restoring its reputation, Lancia acknowledged failure and closed the English car distribution network. That must have been hundreds of times more expensive than replacing or repairing some badly painted cars. Ralph Nader (the consumer activist, not the politician!) is my hero. He proved that a persistent consumer can take on a big company and get justice. The advent of email and web sites has given the consumer a substantial advantage in achieving this aim.. 3 years ago I had a battle with Scottish Widows, one of the UK’s largest Insurance companies. In spite of warning after warning from me that their computer records system was set up incorrectly an insurance payout to me was about 6 weeks late. I claimed $1200 compensation for actual loss (proven and documented); Scottish Widows offered about $20. I complained to the Financial Ombudsman, wrote to financial journalists, the editor of The Financial Times, had an article published in an English Sunday newspaper, wrote to the Consumers Association and wrote to the BBC television consumer affairs programme, ‘Watchdog’. After all that Scottish Widows changed course, wrote to me and asked how much I wanted in settlement. I accepted the original claim of $1200. Scottish Widows must have lost many, many times that amount in loss of business due to adverse publicity. In 2003 after a lengthy campaign involving many agencies, regulatory bodies and web sites I obtained compensation from MCI/Worldcom for $345.47 for unauthorized manipulation of my telephone service. At the start, I was offered $5 “as a goodwill gesture” but after much publicity the company decided that I was right and refunded the full amount claimed. (I used 10-10PhoneRates.com and “1010987 consumer billing problems” to research other consumers experiences.) A Gateway Disasters web site is not beyond the bounds of possibility. On a positive note, I must compliment Gateway employees on their unfailing courtesy and Gateway technical help line for their marathon attempts to correct Gateway’s faulty products. Also, I thank you for finally agreeing to make good the remaining portion of the rebate on the package I purchased. You may be sure that I will report my experience with your company in a factual way. However, I think it is in the public interest that my experience in buying a Gateway computer should be widely publicized. Your refusal to offer compensation will also be mentioned so that potential buyers of Gateway products will be aware that your company declines to take responsibility when it gives its customers serious problems. Yours sincerely Michael D A CC Attorney General SD Case number 0248-05 Largo FL 33774

February 25 2005 Ms. Machelle Christofferson Gateway Executive Offices Gateway Computers 610 Gateway Drive,

P.O. Box 2000,

North Sioux City, SD 57049 Dear Machelle Christofferson Order 37785994 – ID 31892607

As I mentioned to you yesterday, if view of the continuing problems I have with your company I have decided to seek compensation for my time, inconvenience and expenses etc. during the past 8 weeks. This amounts to $4,000. Rebates: I ordered the computer and printer from Von Green on 27 December. When the invoices arrived it was evident that the conditions of the rebates were not adhered to. I.e. the items were not on the same invoice and one invoice was outside the qualifying dates. After approximately 50 emails I was assured by Mary that Epson would pay the rebate. On this basis I sent off for the rebates. (Nevertheless, I still have serious reservations about whether Epson will agree to the rebates but the only way to ‘prove’ this is to apply.) However for the first 50 e-mails I exchanged with Gateway your customer service representatives denied any such offer existed but eventually Mary GWPC002 wrote Please be assured that your receipt will be honored by Epson . Well I hope Mary is right but I will be surprised. The only Gateway employee to grasp the implication of this problem was Toshia (TC 058). She should be commended for her knowledge and positive attitude. Technical failure: The computer worked satisfactorily for only 2 or 3 days. It then took approximately 15 minutes to load the operating system and desktop. There followed marathon sessions with your technical representatives when many procedures were tried to no avail. It was decided that the Hard Disk was faulty and a new hard disk was sent with the promise that it could be plugged in and would work as if the computer had just arrived. The replacement hard disk did not work and it was decided that CD,s were necessary and would be sent without delay. The date for these kept being put back as the disks were not available. To expedite matters another hard drive was sent and still the computer did not work.

The Tech support representative Philip (119) Phillipines wanted to try yet another hard drive but supervisor Rich (PC023) agreed that this would be futile and suggested that a new motherboard was needed and would be sent forthwith. The delivery date for the motherboard kept being delayed due to non availability so it was decided to ship a replacement computer. The computer arrived yesterday February 24 and was found to be wrongly assembled. I.e. it had only one CD drive whereas the original had two drives, one R/W and one Read only. The literature with the computer advised that the only drive installed was a Double layer Recordable DVD Drive but the computer would not copy Recovery Disks and said that the drive was Read only. In any case the tray of the drive did not open so there is evidently some other problem with installation or recognition. I talked with you yesterday and you agreed that another computer would be sent and you kindly agreed to send a computer of a superior specification though some of the upgrades had already been incorporated and paid for in the original order. The above is a pr&#233cis of the events since 27 December. I have pages of notes of the events. I have spent many more than 20 hours receiving, writing and transmitting emails (96), performing fruitless exercises on the computer at the direction of your technical staff, waited at home to receive hard drives and a replacement computer, unpacked items and driven to collection points to return items. I have telephoned you on numerous occasions, sometimes, toll free. I still have all the photographs from Christmas and the New Year in my camera I have been unable to process. In two days it will be 2 months since I ordered the computer from you and the latest date for the next arrival is March 8. It seems to me that various ingredients have contributed to this saga, probably poor component quality, carelessness, inadequate training and, I suspect, pressure on customer service staff to answer the maximum number of equiries in the minimum time. I have a record of the communications I have had with you and these are available if you need them. My pay rate for flying a 747 is $200 per hour so I am suggesting that $4,000 minimum would be appropriate compensation for the time I have wasted over the past 2 months. Yours sincerely Michael D A Cc Office of the Attorney General, South Dakota

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