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Attorney General Gansler Reaches Settlement with
Dell
Settlement Resolves Investigation Over Financing Promotions,
Rebate Offers, Technical Support and Repair Policies
BALTIMORE,
MD (January 12, 2009) - Attorney General Douglas F. Gansler announced today
that his Consumer Protection Division,
along with consumer protection agencies from 33 other States, entered
into a settlement with Dell, Inc. and its subsidiary, Dell Financial
Services, LLC (referred to collectively as “Dell”)
that addresses the company’s financing promotions, rebate
offers, technical support and repair policies.
The Attorneys General alleged that Dell promoted zero-percent financing
programs but consumers were charged higher interest rates. The
Attorneys General also alleged that Dell failed to adequately disclose
terms that consumers needed to meet to obtain rebates, as well
as limitations on the technical support they received and Dell’s
repair policies. Dell admitted no wrongdoing but agreed to settle
the investigation and to pay $1.5 million in restitution to eligible
consumers.
“Consumers who purchase computers from Dell need to know all of the material
terms of their purchase, including what they will need to pay and what services
they are paying for,” said Attorney General Gansler. “I am pleased
that as a result of this settlement, Dell has agreed to change its practices.”
Under the settlement reached by the Attorneys General with Dell, Dell has agreed
to:
- Disclose in advertisements
for promotional credit offers that the majority of consumers
who apply will not quality for the
best annual percentage rate (APR), and disclose the range of
initial APRs that consumers who are not considered the “most
qualified borrowers” are likely to receive;
- Inform consumers
considering applying for promotional financing of the terms
of the financing, including that the application
is for a revolving open credit account, that minimum monthly payments
are required and that approval of the account does not guarantee
that the consumer will also qualify for conditional financing
promotions (such as zero-percent interest for 90 days);
- Disclose whether
phone-based troubleshooting or remote diagnosis is required
before Dell
will provide on-site repair or warranty-related
service;
- If a rebate is available,
provide the necessary rebate documentation at the time product
is delivered or the
service is provided;
and,
- Mail rebates within
the specified timeframe, or within 30 days if no date is specified.
Consumers who are
interested in receiving restitution must file a claim against
Dell with the Consumer Protection Division. To
request a claim form, consumers may contact the Division by:
- Accessing the online form at http://www.oag.state.md.us/Consumer/dellclaim09.htm
- Calling
410-576-6569
- Writing to the Consumer
Protection Division, attn: Dell Claims, 200 St. Paul Place,
16th Floor, Baltimore,
MD 21202. Consumers who file claims must deliver them to
the Consumer
Protection Division with a postmark no later than April 13,
2009.
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