Legal Question in Consumer Law in Texas

Re: Dell online orders being cancelled

I would consider a deceptive trade practices case against Dell. The question will be, however, what are your damages? You were not out any money, correct? Nevertheless, they represented something to you that was false. Speak with an attorney about your options, namely your ability to bring suit against Dell in Texas because they conduct business in Texas. You could also discuss other possible causes of action and the myriad of issues presented under the deceptive trade practices act.

Re: Dell online orders being cancelled

As to your own claim, there was clearly a breach of contract and your damages would be measured by the amount of the difference between the cost of the computer before and after their "pricing error". One question that I have is whether you had already paid for it when you placed your order (i.e. did you authorize a charge to your credit card?). If so, then I think you paid consideration and there is little way for them to legitmiately back out from the deal with you.

There are also claims that can be made under Maryland's Consumer Protection Act, as well as under similar federal law, for misleading and deceptive trade practices.

This means that an action could be brought under the consumer protection act in maryland small claims court. I believe that a Maryland Court will likely have personal jurisdiction over Dell to hear such complaint.

Also, I am very interested in how it is that you know: (1) that there were hundreds/thousands of people rescinding their contract; (2) how you know that Dell stood behind the order for some people.

I would suggest that you contact an attorney for a quick consult to decide if it's worth investing your time (even if you are going to file a small claim w/o counsel).

I'd be happy to chat briefly at your leisure -- just call me at the number listed below. (301-220-2200)

Re: Dell online orders being cancelled

Small claims would generally be the best option if you are out money damages. However, if they are reneging on a contract, I can not advise you on which court in Texas you would need to be in to enforce the contract that it appears was created. Dell undoubtedly does enough business in Texas, assuming that is where you are, for you to sue them there. I also wonder how you know about the thousands of others.