Legal Question in Consumer Law in California

Ordered, confirmed and shipped but wrong item shipped

I ordered a 2405FPW Monitor at $428. Received Order Acceptance and Confirmation Emails. In both emails it states that I ordered a 2405FPW at $428. When I received the monitor it was a 2005FPW. Upon contacting Dell, a CSR emailed me that I was right and that I would be afforded the point of sales price of $428 to purchase the 2405FPW. If I was charged more than he would refund me the difference. However, Dell will not do it any more.

Then another Dell CSR emailed me stating that I did order a 2405FPW but when it got to processing, they ran out of them and sent the 2005FPW. The problem is a difference in 4 inches in screen size.

I have both emails and I have tried to contact Dell CSR's, Supervisors, Managers and Case Specialists and they state that they cannot do anything. I have an Order Number of someone else who had their case fulfilled.

Do I have any recourse? I know of 3 other individuals in the same predicament. I have 2 emails where Dell CSR's explain that I was right; however, Dell will not do anything. Can I file a Small Court Claim in CA even though Dell is located in Texas? I already have a BBB claim; however, I doubt that it is going to do anything. I just am tired of being lied to and have spent hours.

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