Legal Question in Consumer Law in California

no refund for defective product

After hours on the phone to the Palm PDA company, speaking with foreign agents I could barely understand, I was told to return the defective product (at my expense) for a replacement. I'd had it 3 weeks. A month later I got a ''new'' one, but the same problem soon appeared. This whole process repeated 2 more times, meaning I now have a 4th defective unit. (One of the replacements arrived dead!) Obviously this PDA, and the company, are no good. I've spent hours of my time, plus postage costs, and apparently Palm will just continue this indefinitely. They won't refund my money, and neither will the store where I bought the unit from, as it is way past their refund period. (Palm recently dropped them as a dealer). Can I sue Palm through small claims? I don't even know what state they're in. I'm out about $220, not including my time, and Palm has had my money for over 5 months. All I have is a PDA that only partially works.


Asked on 4/06/04, 3:18 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: no refund for defective product

This is not a legal answer, but I had a similar problem with a seemingly good Palm PDA that kept not working after being exhanged a few times. I was able to solve the problem by deleting some applications (apparently they were for the wrong version of the OS and were corrupting the system). I would also try looking for a solution to your specific problem on the Internet. If this does not work, I would take the store to small claims court.

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Answered on 4/06/04, 3:34 pm


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