Legal Question in Civil Litigation in Maryland

Throughout 2009 Cyberpower, Inc. has sent me a computer system that does not work. I've worked with their tech support and company and they have kept sending me faulty computer parts that only work for a month and then die out again. Recently I was sent back my last computer part covered under my warranty and it did not work and they are refusing to send me 1. an RMA to get my part sent back under the company's expense even when I have for the last two occasions paid for shipping from my own pocket and 2. a percentage of refund on my computer system. They have not returned my call yet and through e-mail they have sent me a message saying that, even when a tech representative told me that if I call within 1 week after receiving the part they will consider re-fixing it, they will not give me further extensions. I was denied copies of records on how many times I sent back parts to "fix" and records of phone calls/repairs. Can I do anything?


Asked on 2/23/10, 5:59 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

You could file a court action but it might be a problem establishing MD jurisdiction over them if they are from elsewhere. In that case you would have to go to their home state, which would probably not be financially practical for you. As for the suit, you could sue for breach of warranty and you could ask for a refund or for any damages you could prove.

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Answered on 3/01/10, 9:26 am
Lesly Longa Longa Law P.A.

Does the warranty provide you a right to return and have both parties complied with its terms? Be sure to keep copies of any written correspondence. Before you file suit, you may want to consider having an attorney send a demand letter to the company threatening legal action. That way you give one last try to resolve the matter before spending time and money on a lawsuit. If that fails, you may consider filing an action in Maryland District Court. But, before you file suit you have to be certain that the court has the power to hear your case. This is called jurisdiction. If you purchased on the internet, you may have agreed to terms of service/sale that restricted jurisdiction. If there was no such agreement, then I disagree with the answer above because there is case law that supports a finding of personal jurisdiction where the company sold products in the forum state over the internet. You could argue that by conducting a business transaction with someone in Maryland and exchanging information with a person in Maryland for business purposes, the company or website operator has "purposefully availed itself of the forum state's jurisdiction." I could not say if this argument will be successful. You should hire an attorney to provide a thorough review of your case and assistance in filing a lawsuit.

Please understand that this is general legal information, and this response is based on the limited information you have provided.

Regards,

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Answered on 3/03/10, 5:04 am


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