April 7, 2009

By first class mail and by facsimile 512-283-6483

Dell Legal Department

One Dell Way
RR1-33
Round Rock, TX 78682

RE: Dell XPS 1330 consumer complaint

Dear Sir/Madam:

I am writing to you under the provisions of Massachusetts General Laws, Chapter 93A,
Section 9, the Consumer Protection Act. I am writing to request relief as outlined in that
statute which you are subject to because you advertise and sell your products in
Massachusetts. On or about September 1, 2008 to date, the following unfair or deceptive
acts and practices, occurred, including violating the implied warranty of merchantability,
and sale of a product which is unfit the purpose for which it was intended, having not
worked properly from its purchase in May of 2008 to the present:

On May 24, 2008, I purchased a defective Dell XPS 1330 laptop computer. I initially
noticed problems with the unit, but presumed that the problems were as a result of
needing to read the instruction manual and adjusting settings. On May 29, 2008, I
contacted Dell for help through its online chat session. Thinking the problem had been
resolved, I used the laptop very little over the summer, but noticed the problems seem to
have returned. Both I and my husband called Dell for assistance several times for over the
phone technical assistance – and several times was walked through an analysis of the
problem and rebooting. Each time, it took at least an hour between being on hold and
speaking to first one technician and then another higher level technician when the fixes
did not work. Finally, my husband called and demanded that they authorize having the
laptop sent back to Dell to be analyzed, as we had spent too much time without the use of
the laptop and far too much time going through the same “analysis” using the help desk,
each time without the laptop being able to be repaired.

The problems were:

 Laptop won’t start – it takes 9 or 10 tries to get it to start up; just clicks right off
within a second or two of turning it on. Repaired 9/30/08 – faulty hard disk drive.
 Laptop keeps shutting down at will – after working on it for a few minutes, just
shuts off. This was repaired with a new motherboard, but the new motherboard
was missing parts, so the laptop did not work after the new motherboard was put
in. The computer then was shipped to Dell’s repair center and the motherboard
works now.
 Heat sink and video card missing on first motherboard replacement.

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  Laptop still does not recharge properly, despite being consistently listed as a
problem, never repaired. It takes about 15 or 20 tries at plugging the charger in
and out of the laptop before it will “take” and start charging. Dell said to use the
charger that came with the replacement rebuilt laptop, but it has a different
connection – the one that came with my laptop has an octagonal connection,
whereas the charger that came with the rebuilt has a round connection and falls
out of the connection.
 Cursor keeps jumping back to the top of the page – can’t position cursor in
middle or end of page because it just jumps back to the top of the page. Can’t
even do the walk through repairs with the Dell technician over the phone because
of it.
 Cursor “sticks” and won’t let go of items I am trying to move around. Fixed on
last trip to the Dell repair center.
 Cursor jumps all over the page, including highlighting and deleting all the text, or
inserting text every which way into the previously typed text, making it unfit and
unusable for the purposes (never repaired despite numerous attempts);
 Error message for the Dell charger, when it finally makes a connection and starts
charging the computer. Error message says that it is not recognized and is not a
Dell part, and clicking on “repair” for the problem doesn’t work.

Fifty-three emails over eight months, more telephone calls than I can count, several
repairs, both inhouse and sending the laptop out to the Dell repair center, and the
computer still is not working correctly. Dell sent a replacement “rebuilt” laptop, but the
screen does not work – it is perpetually so dark that it is impossible to make out what is
on the screen. When I told the Dell representative, “Harry” that the new one does not
work, he ordered yet another rebuilt computer, and told me that I could not get my money
back. I can’t wait to see what problems the second replacement will have – and how
much more time, in addition to all the time I have already wasted, I will have to spend
checking it out to see if it works correctly. Dell tells me my warranty runs out this month,
whether or not the new or the old computers work. No chance to even make sure the
replacement works or to get any problems taken care of because there’ll be no warranty
on the replacement.

Instead of the new laptop that I paid for, I have one that has been taken apart, shipped,
and repaired numerous times. Or my choice of other rebuilt laptops with worse problems
than the one I purchased. Dell refused to give me a new computer, and they refuse to give
my money back. I think eight months of repair attempts is more than sufficient, and that
this product is clearly not fit for the purpose for which it was intended. I have tried repair
(numerous times), I have tried replacement. Now I want a refund - I want my $944.98
back, as well as any other costs, damages, and remedies, including attorneys fees, that I
am entitled to.

I believe that these acts or practices are declared unlawful by Section 2 of Chapter 93A,
which declares unfair methods of competition and unfair or deceptive acts or practices in
the conduct of any trade or commerce unlawful. 940 CMR 3.00 is promulgated pursuant
to M.G.L. c. 93A, s. 2(c) for purposes of determining whether conduct, terminology or

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representations involve unfair methods of competition or unfair or deceptive acts or
practices, in violation of M.G.L. c. 93A, s. 2(a). 940 CMR 3.00 is not intended to be all
inclusive as to the types of activities declared unlawful by M.G.L. c. 93A, s. 2(a) but are
intended to be of general application.

Dell has violated the implied warranty of merchantability. The laptop did not do what it
was designed to do with reasonable safety, efficiency and ease. Every item sold in
Massachusetts automatically comes with the implied warranty of merchantability which
provides that if the item purchased is defective, I can choose a repair, replacement or
refund. I have given Dell the opportunity to repair and replace, and neither has worked. I
now choose a refund. Neither is the laptop fit for its particular purpose, having been
unusable from purchase to the present.

Under state law, it is an unfair or deceptive act or practice to fail to honor a warranty.
(M.G.L. c. 93A, §2(c), 940 CMR 3.08 (2)) The warranty provides that the laptop will
work. It has been nearly a year, and it hasn’t worked properly yet.

This letter serves as my request for the following relief: $944.98, plus $550 for the loss of
work and time, inconvenience, trying to reset up the original and replacement machine,
time on the telephone with technicians when it was clear the machine was defective and
could not be repaired over the telephone, and for my loss of productivity. Under the
provisions of Section 9 Chapter 93A, I am providing you with the opportunity to make a
written offer of settlement of this claim within 30 days. If you fail to make a good faith
offer of settlement in response to this request, and I institute legal action, a court may
award me double or triple damages, attorney’s fees and costs if the court finds in my
favor.

I may be reached at the address written above, or at (phone number) between the hours
of: (9 am and 9 pm). I look forward to hearing from you.

Sincerely,