Q: I bought a new computer from Dell for $1,900. Within a week, I had what other Dell users have called the "blue screen from hell." Dell gets the problem fixed, and then it comes right back. I have spent 20-some hours on the phone with Dell. I have talked to scores of supervisors. Every time I get it up and running, something makes it shut down again. Now they want me to pay $99 to fix the software, because Dell says my warranty only covers my hardware. My son says what I really need is a new keyboard. Help! I don't know where to turn.
MICHELE FRIO
Washington, Pa.
A: Michele, you have the same rights with a new computer as you have with a new car that's a lemon.
Although Pennsylvania has not passed an official computer lemon law, you have rights under federal law that mirror the rights that you would have if our state did have a lemon law for computers. If you follow certain steps, Michele, it could mean a brand-new computer from Dell.
The federal law I'm referring to is the Magnuson-Moss Warranty Act. That law gives consumers the right to satisfactory warranty repairs. If the company is unwilling or unable to make successful repairs, the company has breached its warranty obligation to you, regardless of whether they tried to do the right thing or just refused to return your phone calls.
If you don't get that satisfaction, you are entitled to a new product or full refund. The trick is to get those rights to pay off for you.
One of the places you can find the information you need is www.lemonlaw.com. This is the Web site of Kimmel and Silverman, consumer attorneys that deal with lemon law and warranty problems on cars, computers and other consumer products.
The first step is always to try to work things out with the manufacturer. After that, a lot depends on how carefully you have tracked your problems with the computer and the attempts by Dell to fix it.
Did you keep all the paperwork on your computer? That means not only your original invoice to prove when you bought it, but all repair invoices. Did you keep track of when you dropped off the computer to be repaired or when Dell came to your home to try to fix the problem? How much time did you spend on the phone with techies?
Michael Sacks of Kimmel and Silverman says if a consumer is armed with that information, getting restitution should not be a problem.
"In order to get restitution," said Mr. Sacks, "you will need to show at least three repair invoices on one problem or component within the warranty period, showing you have given the manufacturer a fair chance to fix the problem."
For example, if you need repairs because the screen went blue or the computer died or froze to the point that you needed a company's intervention before it would work, that would qualify. The invoice should clearly indicate that you told them the problem and what the company did to try to solve it. If you don't have invoices, careful notes on when you took the computer in for repairs and the amount of time you spent talking to company reps trying to fix the problem would help.
If you can prove your case, you are entitled to a new computer or a full refund in exchange for the defective product.
The best part about this law is that it makes provisions so that the attorney is paid by the manufacturer of the product, not by you, the consumer.
For more information, you can call 1-800-lemonlaw. Just telling Dell that you know your rights under the Magnuson-Moss Warranty Act might get the company to go the extra mile. If you don't mention these rights, I doubt any company representatives will volunteer the information.