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Dysfunctional Devices

Computer lemon law may give consumers an edge

Thursday, August 3, 2000 By Stephanie Izarek NEW YORK  For all the productivity they promise, computers  with their technical snafus, data losses, security holes and crashes  can wreak havoc on a workday.

While consumers normally demand the products they buy actually work, computers seem to be an exception.

In Pennsylvania, consumers might soon have the law on their side when battling frustrating computer glitches. State Rep. T.J. Rooney, D-Lehigh/Northampton, has introduced the nation's first computer lemon law.

Similar to automobile lemon laws, this bill will provide legal recourse for warranty abuses and ineffective repairs.

"Right now, PC consumers have little or no recourse when manufacturers refuse to back up their products and warranties," said Rooney in a prepared statement.

Under the law, which applies to new computers or used PCs still under warranty, computers found to be defective within two years of purchase must be repaired, replaced or refunded. Consumers protected by the law would include state residents, students and businesses with fewer than 30 computer workstations.

Craig Thor Kimmel, an attorney with Kimmel & Silverman (aka the Lemon Law Lawyers), is an advocate for the law and has represented consumers with dysfunctional computers under general federal consumer-protection laws  at no charge.

"Even though the computer industry has come to accept as 'normal' that their products crash, fail to perform as promised, lock up, or cause you to lose valuable information, the law is not so forgiving," Kimmel states on his firm's Web site.

Currently, Kimmel's firm argues computer-complaint cases under the federal Magnusson Moss Warranty Act, which states that all consumer products that cost more than $10 must be repaired or replaced under warranty.

Kimmel explains that under the act, consumers have an "absolute right to satisfactory warranty repairs." If the computer company is unwilling or unable to make successful repairs, it has breached its warranty obligation.

If the warranty is not honored, consumers are entitled to a new computer (or printer, scanner, software and so on) or a refund in exchange for the defective unit. The manufacturer is required to pay all legal fees and costs associated with successful claims.

While computer-makers do make warranty promises, they are not always holding up their end of the deal. "We want to ensure that consumers are made aware of their rights, while providing manufacturers with rules they must obey when dealing with their customers," Kimmel said. "A stronger, easily enforceable law is needed."

The computer lemon law sets time frames for repairs within the warranty period and requires manufacturers to provide a refund or a new computer if a second repair is ineffective.

If the computer has multiple problems, a second repair is not required, and returned computers could not be resold in Pennsylvania. If a dispute is still not solved, consumers can initiate civil action  awards would include a refund or replacement, as well as punitive damages up to $6,000.

But just how big a problem are lemon computers? Rik Fairlie, executive editor at Computer Shopper magazine, said the problem is mainly at the low-end, with cheap or free PC deals. "At the higher end of the spectrum, with top- or second-tier PC manufacturers, you get a much higher level of service and support and the companies are much more responsive," Fairlie said.

However, Fairlie is not convinced the computer lemon law would affect manufacturers who make cheap systems and routinely go out of business. "I think it's a good idea for general consumer protection, and as a last-ditch measure," said Fairlie. "The key is to make the law easy for consumers to understand and to initiate action."

The good news, according to Fairlie, is that the free-PC trend is dying down. If consumers want to avoid serious functionality and warranty troubles, they should avoid low-end purchases from no-name companies, he said.

Kimmel & Silverman offer advice for people who do encounter computer problems. First, report the problem to the manufacturer. Make sure to get specifics about how the company will respond to the problem and the date by which they will do so. Maintain a written log of all reference numbers they provide, dates of communication, names of employees and the response received.

http://www.foxnews.com/vtech/080300/lemon.sml

-- (Dee360Degree@aol.com), August 03, 2000