Legal Question in Consumer Law in Illinois

I need to understand my rights as a customer who bought an HP computer, under warranty, in which HP is not fulfilling in a reasonable manner and I feel it's time to file a law suit. The details over the past few months would make your head spin. So to summarize:

1) Purchased an HP All-In-One PC on in Sept. 2012 (w/2-year warranty) from the HP website online store.

2) On 06/20/2013 the Video Card went bad. HP shipped it for repair.

3) On 09/17/2013 Sound went out. HP shipped for repair to replace motherboard.

4) Received computer back from repair on 09/30/2013. PC would not boot up. Tech support had me dismantle computer over the phone, the tech center forgot to screw the hard drive into the chassis! It was lose which pulled out a SATA cable. PLUS, the tech center cracked the back of the computer!

5) HP now agreed to replace it. Which took almost a month to do! Received replacement on 10/25/2013.

6) Turn on my new replacement and the screen seemed dark. Went to "Settings" and under the "brightness" icon (a sun), it says, "Unavailable".

7) As of today, 11/21/2013, almost another month, tech support, plus my case manager have accessed my computer remotely 4 times, taking screenshots and such. HP says they do not know what is wrong or why brightness is not working. They said that this is a current problem with their 19", but not their 23" (which mine is a 23") But obviously it IS a problem. They tell me that it must be replaced and send me a proposal for another replacement.

8) I accept the replacement on 11/07/2013. Then I get a call from HP saying that my PC configuration is no longer available in my All-In-One model and they offer to replace it with a desktop PC of greater value. They send me the specs and I agreed, but they needed to add a touchscreen monitor, because that is what my computer is. My case manger says that shouldn't be a problem.

9) It's been two weeks and nobody will give me any answers! Everyday I call and/or email HP and all they will tell me is that a team is working on it. They rarely return my calls or emails, and I have been given every excuse you can imagine for not getting back with me... power outages, training, meetings, days off, servers down, etc.

Not only am I under warranty, HP has first broke my computer themselves, then they send me a defective replacement straight out of the box, but they feel they can take all the time in the world to make things right. I'm sick of them taking advantage of me and I'm sure other customers. When I ask to speak with a supervisor, I am told I am at the highest level possible and there is nobody else to talk to and I have to just wait.

Today, like most days, my case manager emails me to tell me, "sorry, I have no new information for you." I have complained to the BBB, and HP responded that they have offered me a new desktop replacement. I wrote the BBB back and told them HP is lying because if they had, I would have taken it and be using it right now. So the BBB reopened the case a few days ago since HP did not follow through on their promise. HP has no timeframes and they could care less about customer service. They are avoiding me and not answering my questions.

I am ready to take legal action but need to know what to expect, or what can I ask for. I have never been interested in a refund, never even asked for one. I have only wanted a computer that works! I feel I have been extremely reasonable and patient but I am tired of their games and what HP to be held accountable and responsible for how they treat customers.

Would this be a case that would be covered by any "lemon laws" in Illinois? What about the Magnuson-Moss Warranty Act? Do I have to prove damages to get more than just a refund? Would I need a lawyer? Do I just file at my local courthouse? Please, any help or advice you can give me would be greatly appreciated!

Again, all I ever wanted was a computer that worked or the replacement I was promised and I still wish that is what I could get, but even once HP would put the replacement into production, it is usually at least 2 weeks more to receive it, so I am not even close to getting this problem fixed. I have spent countless hours over the phone dealing with issue and I'm just plain exhausted.

Thank you very much!


Asked on 11/21/13, 11:03 am

1 Answer from Attorneys
Stephen Messutta

This is a small claims case in Illinois, but you'd have to file a complaint, pay to serve them (you need their corporate agent in Illinois to do so), etc., but with the above facts a judge is still going to say, your warranty gives you a new unit. Magnuson Moss can apply but so can the warranty itself; MM allows you to file in any State court. You can also contact the FTC since this was sold in Interstate Commerce, or the Illinois Attorney General's Office of Consumer Fraud & Protection. And, until you get a resolution, you'd be out of pocket for a replacement product that works for you.

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Answered on 11/27/13, 10:22 am


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