How do I report Dell Computer for breach of verbal agreement?

Question

I ordered a laptop (my third laptop in a year and a half) on October 25th at noon.

An hour later, I hear the news that Dell was going to give free Vista upgrades for orders placed the following day (a mere 12 hours!)

I called Dell to cancel the order, so I could place the order again the following day (and get the free upgrade). The CSR said they couldn't cancel, but for the inconvenience they'd give it to me for free. I'd just have to call back when Vista was available.

I have called back every time Vista was expected to come out, and each time was initially told I bought the laptop too early. But two reps (and i have this in writing) said they would give it to me for free.

Now that Vista's available, Dell is refusing to give me the free upgrade (as promised in writing).

Any suggestions on how or who to report this to?

Yes, this may seem petty to some, but I'm going to pursue this on the principle of it. Dell should be held accountable.

What I meant by having them in writing, I have a chat log from my online conversation that read, ""we value you as customer and we understand your desire to obtain the Upgrade to Windows Vista, In order to resolve your concern; we will place an order for the Vista upgrade DVD absolutely free of cost for you, once Microsoft launches it.""

Answer 1

A verbal agreement MAY be enforceable if the Dell CSR had the authority to bind the corporation (this is debateable.) Just because contracts aren't written doesn't mean that they're not enforceable.

The problem, though, is this theory of "consideration." It's the obligation that supports a promise that makes a contract enforceable. Them telling you that they'll "give" you Vista after you've already ordered your computer (which order may not be cancelled) may or may not be an enforceable promise. But it may be something else called promissory estoppel or consumer fraud (if they told you that your computer would now come with something new and it didn't.)
I would keep calling up the chain... they should have a customer support line.

My suggestion is go to an attorney -- have them write a nasty letter (you could even dictate the facts to keep the costs down). When Dell realizes you're serious about a breach of contract, they'll probably give you what you're asking for.

Answer 2

Well, you had bound yourself contractually with Dell prior to the promotion.

Thereafter, after the promotion began, you requested that the terms of your contract be changed, due to "inconvenience."

A Court would determine that Dell had not breached its contract, because the upgrade was not a part of the original contract.

You stated you had something in writing, concerning the additional contractual term. Is the wqriting just your notes of telephone conversations with the reps, or did the reps write to ou, and sign a statement that you would receive the free upgrade?

Your case hinges on the subsequent writing; however, you cannot enforce the bestowing of a gift, without showing some detrimental reliance on the gift.

Good luck.

Good luck.

Answer 3

Do not ever assume just because a CSR promised you something that you are going to get it. If they are offering you something extra get it in writing. You say you have it in writing(hopefully not your writing)

In your case I would call customer service and talk to a supervisor. If you cannot get resolution from them ask to go higher. If that does not work they do have a complaint department.

Answer 4

If you have it in writing you're good. Write a nasty-gram that lets them know they are expected to make good or you involve an attorney. If you don't have it in writing, you're screwed. If it ain't in black n white, it doesn't exist.