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Should I sue Apple in Small Claims after 5 defective computers last year?

D

dlapiduz

macrumors newbie
Original poster
May 19, 2007
5
0
Hi,

I am an Apple fan and last year alone I bought 5 computers.

They all 5 had problems and, in fact, the last one (a Penryn MacBook Pro) is still in the shop after 40 days of service (I am in Argentina now so the wait time is longer but they got a defective replacement that's why they took so long and the computers where bought in the US).

The question is should I sue them in a Small Claims Court? Does anyone has experience on this? I don't. I don't even know if Small Claims work.

I don't have time or money to get a lawyer and do a big show out of this.
 
It sounds like that's the best they can do under your international circumstances. But, I do believe that if you have 3 separate, serious problems with one of their products they will replace it as it qualifies as a lemon.
 
dlapiduz said:
I don't have time or money to get a lawyer and do a big show out of this.
Click to expand...

So, your question boils down to: I want to sue a major, publicly traded corporation that has many in-house lawyers on its staff and has enough money and resources to retain the best trial lawyers in the world. But I'm too cheap to hire my own lawyer for this. And I don't want to spend very much time on the whole thing. Is this a good idea?

Doesn't the question imply its own answer?
 
Small Claims is quite limited in scope, and depending where you live, this may not even qualify for a Small Claims case.

This is just an opinion, as I am not a lawyer, but as for real court, you have no case.

Americans are way too litigious. Isn’t there a way to settle this without threats and lawsuits?

I can’t tell you how many times I have seen people saying that they have politely complained to Apple and gotten a new computer with more RAM or bigger hard drive or faster processor than the one that is defective. Point out how much you like Apple, but how many times you have been without your computer, how you have been inconvenienced, etc.

Be nice. The old adage that you catch more flies with honey than vinegar is more true than you realize. Work with them and they will work with you. Threaten a lawsuit and they stop repairing and won’t even talk to you.

Why not NICELY email SteveJobs@apple.com and see what you get?
 
First mistake: Asking for legal advice online.
Second mistake: bothering to spend time thinking about suing a major corporation in small claims court after they have managed to tend to your every need and make things right.
 
as others have said, no. If these were all minor problems with different machines and they were fixed, you really have no case. If there were a ton of problems with one machine, it might qualify as a "lemon" after a certain number of repairs, depending on where you live.

But really, it's much better to discuss your dissatisfaction with an apple consumer rep. If it is a case where you've had to get one computer fixed many times, apple will often give in and give you a new one anyway.
 
dlapiduz said:
Hi,

I am an Apple fan and last year alone I bought 5 computers.

They all 5 had problems and, in fact, the last one (a Penryn MacBook Pro) is still in the shop after 40 days of service (I am in Argentina now so the wait time is longer but they got a defective replacement that's why they took so long and the computers where bought in the US).

The question is should I sue them in a Small Claims Court? Does anyone has experience on this? I don't. I don't even know if Small Claims work.

I don't have time or money to get a lawyer and do a big show out of this.
Click to expand...

Sue them for what? What do you intend to get out of it?
 
It seems it was a pretty dumb idea...

It is just that after so many issues with them I feel very defrauded and don't know what to do. It is either get lousy hardware (I know most people don't have so many issues with them) or use Windows/Linux. For now dealing with Apple is winning.

I am sorry if the question was self responsive but I never sued anyone and didn't got in touch with many legal stuff.

I have been in touch with several stages of Apple CS and it seems they are trying to do something but I can't get a better machine or a bigger drive since I got the best... And it is not the point anyway, I really just want my new computer to work.

Suing was just to make the point clear, but it seems it is not the way.
 
dlapiduz said:
It seems it was a pretty dumb idea...

It is just that after so many issues with them I feel very defrauded and don't know what to do. It is either get lousy hardware (I know most people don't have so many issues with them) or use Windows/Linux. For now dealing with Apple is winning.

I am sorry if the question was self responsive but I never sued anyone and didn't got in touch with many legal stuff.

I have been in touch with several stages of Apple CS and it seems they are trying to do something but I can't get a better machine or a bigger drive since I got the best... And it is not the point anyway, I really just want my new computer to work.

Suing was just to make the point clear, but it seems it is not the way.
Click to expand...

They can give you a credit for a future purchase (gift card) or some type of accessory. Don't threaten to sue (because they will transfer you to the legal department) but let them know the amount of time and energy you have wasted because of the multiple faulty products they have delivered to you....
 
m1stake said:
It sounds like that's the best they can do under your international circumstances. But, I do believe that if you have 3 separate, serious problems with one of their products they will replace it as it qualifies as a lemon.
Click to expand...

That's not true for a few reasons.

1) It has to be the SAME problem 3 times. You can't get screen flicker, have it fixed, then have a broken keyboard, get that fixed, and then a broken Combo/Superdrive, and then expect a new laptop. You'll never get it. You'll have to get the same problem fixed several times, or (maybe) a certain number of repairs. If they deem your machine irrepairable (ie: more trouble than it's worth), then you'll get a new machine. You may also get one if you get it fixed a few more times and talk to someone very nice at Apple.

2) It depends on the State you live in. Of course, that depends on whether you live in the United States. ;) It's different everywhere.
 
jemeinc said:
The OP is in Argentina..

EDIT:eek:ops- beaten by UCFgrad93.. my bad
Click to expand...


1. The OP said the computer was purchased in the US.

2. I said Americans are litigious, but if you check your map from elementary school, North America includes the US and Canada, Argentina is in South America and in between is Central America. Lots of Americans live in this hemisphere.

3. The point of the post was that the OP was asking for information about Small Claims Court. I offered a positive alternative to the overused court system.

4. By the way, if you want to jump on each individual word, you don't "sue" in Small Claims Court, you "make a claim".

In any case, I suggest that the OP take a more positive approach to an unfortunate situation.

I suggest that the OP call Apple and say, "I have had this and this and this go wrong. I still have this and this and this problem. I'm not happy at this time, what can you do for me?" Then stop talking and let the Apple Rep make an offer. If the Apple Rep asks what you want, play dumb and say, "What can you offer?" Keep the ball in their court, let them offer you something. If the offer is good, take it. Don't be greedy.

Work with them and they will work with you.
 
Abstract said:
That's not true for a few reasons.

1) It has to be the SAME problem 3 times. You can't get screen flicker, have it fixed, then have a broken keyboard, get that fixed, and then a broken Combo/Superdrive, and then expect a new laptop.
Click to expand...

No it doesn't. Any 3 problems will get you a new machine.
 
My advice would be to type a professional letter stating very detailed information about all the product defects you've had in the past year and to stress your level of frustration with what you thought was going to be a quality product.

I certainly would not use too much negativity or harsh language. Make it polite and sincere, but firm and frustrated.

I have done this a few times in my life with companies that simply represented a poor display in service or a poor quality product, and I can tell you that all of them have responded everytime and went beyond what it took to ensure my future satisfaction with their products and services.

Send this letter via both email and snail mail to the corporate office. If you can, even make a phone call to corporate and ask who exactly to send it to.

Also, if you want to get an even quicker response, send an email or letter to the Board of Directors that represent the shareholders of the company. These are the people that have lots of money invested in Apple stock and will do whatever it takes to prevent the stock from going down. Let them know that all the fancy tv, radio, and print advertisment in the world still does not compare to the most powerful form of marketing - word of mouth.

I did this in particular with Comcast and received both a phone call and email response the next day. I will not share with you how much they did to keep me as a customer, as I think that should remain confidential, but it was certainly a lot.
 
Due to probabilities, it's unlikely to be 5 for 5.

Perhaps user error? Perhaps your area / house has electrical problems that are damaging your equipment? What are the 5 macs you have? Do you use Uninterruptible power supply?
 
Thanks everyone for your answers, I am already in talks with Apple Executive Relations and we are trying to see how to get this fixed.

About the 5 out of 5... Most of the defects were DOA so it doesn't really matter wether I have a UPS or a hamster providing me of power.

To sum up here are the defects:
- MBP Logic board DOA, Replacement MBP assembly issues.
- White MB Top case cracking
- Black MB Trackpad bump (replaced in store)
- iMac HD failure
- MBP (the one still in service) HD failure from factory, Replacement HD DOA, and when getting it back, I got it scratched

I know the odds are rare but it seems I am really unlucky when buying products from Apple
 
Then why are you still and Apple fan after all that? Seems like you would be on a Dell or HP by now?

I guess the reason is you love something about Apple. Maybe since they are working with you on fixing things you can focus on why you keep being an Apple fan rather than just the few issues.
 
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