• Report:  #228182

Complaint Review: Gateway Computers - North Sioux City South Dakota

Reported By:
- Sacramento, California,

Gateway Computers
610 Gateway Drive North Sioux City, South Dakota, U.S.A.
Tell us has your experience with this business or person been good? What's this?
Gateway does have a battery recall as does a number of computer manufacturers but, this is not much help for people like Vicki in Tampa who now has a damaged screen because she dropped a laptop too hot to handle (and dangerous) ending up with a $900 paper weight. Their website touts how they have been named "Best" yet, MSNBC (only last week) reported ratings on computer reliability; (((ROR redacted name))) was well over 200 and Gateway was -12.

Trial Lawyers for Public Justice may help; they are national but the Oakland, CA. office already has complaints and has shown interest. Gateway's same type of "binding arbitration" clause was fought by TLPJ. Even though the suit centered on California's Consumer Legal Remedies Act; the 9th circuit court of appeals called these "contracts of adhesion" clauses (take it or leave it, standardized consumer-unfriendly contacts) "unconscionable". This is not just "unconscionable" in California, the 9th circuit is a federal court thus, what is "unconscionable" applies in all states. Check out report many class actions and have forms to fill out that attorneys look at from all over the country.

I researched the law to file suit in small claims court. Ask.com gave me better answers and sent me to applicable codes at . I am in California. In addition to Gateway's "binding arbitration" being unenforceable per our Legal Remedies Act; Gateway's "sevice agreement" was not noticed with all terms, conditions and exclusions conspicuously written in simple language and provided to the consumer PRIOR TO SALE as is required by state law. Gateway's concealment of a separate service agreement prior to sale and as required by law would render the agreement unenforceable. I do have an "express warranty" of 3 years parts and labor.

I documented EVERYTHING from the time of sale, notes on all the calls made, a complaint to the D.A. and, 5 registered letters detailing the dispute, demands to cure and a final demand to refund cost if they wish to avoid court; they refused to respond in writing to all of my letters.

My state's small claims court allows up to $7,500 and has legal advisors. The legal name and agent for service (usually provided by the small claims advisor) is needed to serve them with the notice to appear in court. This can usually be done via certifed mail with a large corporation. Venue (or jurisdiction) must be established to determine the proper court. In California it is where the transaction (or major portion thereof) occurs. I purchased through a local retail outlet and would never order a computer through a factory with the risk of having to go to a distant locale to vindicate my rights!

Gateway kept my computer that was under warranty out of service for 4 months returning it twice unrepaired, had no parts to repair it and refused to respond, replace or compensate in any way. I consider this willful negligence and will ask the judge for a penalty beyond what they would have to pay if they acted in good faith in the first place. The court expects both parties to act in good faith to settle a dispute out of court; there are penalties for refusing to do so. From my perspective, Gateway has tried to win by intimidation while ignoring the laws of the state who licensed them to do business.


Sacramento, California

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Click here to read about the finance company for Gateway Computers

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