Consumer Warning: The Pink Panther Buys a New Laptop
Updated 11/17/2024 …The Law, 83-words
See above the sources list, and sources list updated 11/19/2024
After questioning more than four librarians, a banker, and a consumer lawyer I discovered they, too, were surprised and unaware of the tech issue in this post.
Useful real-world information for buyers beware…
This content is useful for supplemental reading and discussions in some English and business classes and consumer education classes for adults and older high school and college students.
New takeaways will be added to the last section of the post as updates become available.
Last year, when PBS aired a 1960s comedic mystery film, I had no idea after multiple contacts with HP corporate I would recall the movie and think…
My God, I am in the middle of a Pink Panther film!
This story began in late *April 2021 and continues (fully documented). It is the story of a deceptive $2400 computer and care-pack sale that took an unexpected turn with a devious secret uncovered.
* Technically, in June 2021, an April 2021 order from a tech reseller arrived DOA. The laptop would not boot up, and the seller insisted it was an internet problem.
A call to the internet server resulted in hysterical laughter from the technician.
”You have only had the unit a few hours?! Your connection tests are all clear. Tell them it’s the laptop.”
The reseller agreed, and within days, a courier picked it up. A refund for the computer with a care pack was granted.
But I digress.
This tale has twists and turns and important takeaways that consumers in the market for a laptop may overlook … with or without medical and remote work issues involved…oh, and no cell phone.
An inside look at a consumer dispute riddled with deception. You may at times find yourself humming Mancini’s Pink Panther theme …
Reading time: About 30 minutes
Word Count: 4230
CONTENTS
*YouTube: 6:11
The Pink Panther buys a new car
Note: A visual metaphor: swap out the car and imagine a laptop with wheels. The last shot at 6:10 sums up this consumer journey.
*What??
*A good laptop
*The Horror: The hunt for a replacement laptop
*Email to a consumer reporter
March 2024
*Mystery of the Missing Care Pack upgrade
* Clues negotiations are not going well…Write to the top …Updated
*What two veteran independent computer repair techies say
*Consumer takeaways
Sources…Updated 11/19/2024
[youtube https://www.youtube.com/watch?v=CAZK4reQAqs?feature=oembed&w=1200&h=675]
What??
Editor’s note: This section highlights the backstory challenge of buying a laptop when medical and environmental issues are involved.
I am not an average computer buyer, but wish I were.
Years ago, I bought a word processor for the first time for class assignments, but a series of unexplained symptoms sent me to a physician’s office…burning skin, swollen face, respiratory distress, and hair breakage.
My medical history was reviewed…and I learned my immune system was compromised.
“You have a complex petrochemical sensitivity… not allergies,” said two board-certified M.D.’s.
There is no cure but to avoid offending items.. … A third exam revealed signs of chemical exposure before buying the word processor.
Swell.
The plastic equipment would heat up when plugged in. And I could smell the awful petrochemical scent which triggered the symptoms.
I had to avoid certain plastics found in the workplace and at home. And there was no way to identify the substance except by use and removal, said the doctors.
So, the word processor was returned to the store and the symptoms subsided but not the intolerance.
A good laptop
A metal, battery-operated laptop could be a solution, I thought. After lengthy research, I found a Japanese brand that worked for about seven years… that I used it for so long was unusual, said an amazed repair tech.
Battery power was about 12 hours, according to the manufacturer’s specs, so laptop interruption to recharge was not an issue as I had more than one battery.
But then
The Horror: The hunt for a replacement laptop
Hellish problems began when the operating system became outdated, and I was forced…kicking and screaming to buy a new PC…
Medical considerations were no longer the only buying challenge.
Four new laptops from the same reseller bought within six months had to be returned shortly after delivery… each arrived with a new updated operating system and software glitches were discovered upon setup.
“That will be $100- $200 to repair since the warranty does not cover software problems only hardware,” said the tech during remote access sessions.
No. No. And no.
The fourth laptop, an upper-end model … I tried, I tried for a year and a half but realized the laptop could only be repaired with a stick of dynamite; after a consumer advocate intervened, the computer company agreed.
All this while recovering from long-term injuries… and no pain medication.
Buying a used vintage laptop with a new OS system might be a better solution. Thought it was a terrible idea but tried…Nope. .. 14 days straight of remote tech support upon arrival one December!
It’s not you, said tech support. There was a major system problem. Then the laptop crashed a year later … Using a rental service gave me insight into several other brands.
So, with this history and present circumstance, I decided to buy directly from a manufacturer… a company having nothing to do with the other laptop brands … referenced above.
On the website of a reputable company, I found a metal laptop with a 15-hour battery life, classified as a business model.
I phoned in an order for a laptop and care pack policy but first explained my checklist of must-have features for the laptop, explained why, and confirmed with the salesperson. (Call recorded)
What, what could go wrong?
After setup, immediate problems required many remote access tech sessions, meanwhile, the battery kept dying.
Then progress…sort of …revealed in the email below the month after purchase.
Subject: Today long computer mystery solved
Date: Jul 5, 2021, 1:47 PM
“The tech is going to do another remote session on Saturday after my external hard drive arrives. He is 90 percent sure the problems were caused by migrating from one computer to the next, to the next, carrying different drivers and operating systems, duplicating images, and whatnot.
The cursor trackpad issue is worse. And an email draft I was to send you disappeared. A test email confirmed the draft feature does not work.”
And then
Amid the chaos including, email folders that would not transfer into the new laptop (migrate), tech support said the battery in response to my complaint was not dying …battery recharge life was around F-I-V-E hours …Not 15 hours as I confirmed before purchase. (Recorded)
That’s when tech support informed me that 15 hours of battery time does not mean usage but “idling” time for the specs listed in the manufacturer’s product sheets.
And that is how I discovered recharging is necessary…. 2, 3, and sometimes more times for each day of use!
The glitches and remote access sessions requiring a plugged-in laptop initially camouflaged the reality of the equipment.
I had a costly, usable lemon that would have to be replaced.
My complaints for a depreciated refund resulted in the following offer: my Care Pack purchase would be upgraded with an extra year and onsite service repair to make up for the issue. The return time for the laptop had lapsed, HP said.
The offer was confirmed in writing December 22, 2021. And a $163 discount was returned months earlier for the excess repair issues. My Care Pack would expire in May 2025, HP paperwork showed.
The Care Pack upgrade would give me time to find a replacement, I reasoned.
But I was stuck with the replacement cost for another laptop.
During a pandemic lockdown and a new major immune system, non-covid, health issue to contend with I accepted the offer reluctantly.
Case closed.
So, I thought…
26 months later
Email to consumer reporter
(Excerpt)
March 2024
…Care Pack Error
“I bought a laptop with a Care Pack protection policy that expires next year. Last month, tech support said my Care Pack policy does not have accidental breakage.
I would never buy a Care Pack without accidental breakage protection…
I have tried repeatedly for over a month to contact … but either they are unavailable, or I am switched to the wrong department.
My laptop is not damaged, but I want the accidental breakage protection addressed ASAP with any other fair assessment.
Thank you for any suggestions you may offer.”
A quick reply said corporate would contact me within a specified time. But there was no contact from corporate, until I initiated escalation, in part, by continuing to make calls within the company. Then deception was uncovered.
Mystery of the Missing Care Pack
Disclaimer: Any resemblance to the Pink Panther or Clouseau is unintentional. Cue the theme song.
In early 2024, the system showed a confusing number of Care Packs under my name, HP said.
Phone calls resulted in conflicting answers about expiration dates.
In 2021, I returned a four-year Care Pack after discovering breakage protection was excluded. I asked for a refund and bought the correct Care Pack.
But the refunded Care Pack continued to show under my name in the system because it was never unregistered until last month, corporate said last week.
My replacement Care Pack, for three years, was not updated in the system either until last month. So, it appeared there was no policy purchase for breakage. Our system error said corporate.
And HP does not offer Care Pack upgrades, said corporate
That is how I learned an e-mail I received in December 2021 was not true … but created to support an illusion…we will give you a better Care Pack in place of your request for a depreciated laptop refund.
By a remarkable coincidence, anyone checking the system would read my Care Pack expiration date as 2025 … the date matching the fake upgrade offer confirmed in writing.
How fortunate the system did not delete the four-year Care Pack purchase: the error supported the fake offer for two years.
Now that the smokescreen has cleared my Care Pack expires 2024 NOT 2025. And with or without a partial refund, I have a usable lemon of a laptop with a current value of very little.
That I never had to use the Care Pack concealed the fraud. Or as HP claims…It was only a mistake.
It was a crummy thing to do. I thought this type of situation took place when buying from fly-by-night companies.
In 2021, small claims court was the arena I thought but during the lockdown and with a compromised immune system that was unthinkable.
Clues negotiations are not going well…Write to the top Updated 9/22/2024
Editor’s note: This section could be subtitled Firing Back. Selected excerpts of emails and HP-recorded phone calls with corporate 2024 appear below.
The consumer counselor’s deadline outlining when HP corporate should contact me had passed by late March 2024.
So, an HP rep said to write a complaint to the CEO’s office, but the Send button on their platform froze for days. However, the suggestion finally triggered contact from corporate…sort of…
Descriptive phrases like umm… scam, deception, misled, and lemon… replaced the original subject heading I first wrote to the consumer reporter …which was in part Care Pack error.
TIP
Despite justifiable anger, rethink word choices when writing a complaint email/letter.
My choice of written words angered corporate…but I am pleased to state all my complaint emails can be read aloud in court with no embarrassment on my part.
April – May 2024
*”There are at least four HP recordings between sales and tech support departments in 2021. I will not allow you to question my integrity with a written conclusion that your extensive research did not uncover any notes about my battery complaint until a month ago.
*”How dare you blame me?”
*”I just received an HP survey to rate the escalation process I was subjected to … Seriously?
Next level escalation
*”There has been a continued level of disingenuous response that is frustrating.
” For the record, at no time have I ever received paperwork with multiple lists of warranties under my name and therefore would not have been able to scroll or not scroll through such data and draw mistaken conclusions…
*”How is it relevant or appropriate for you to respond my “self-research”
was faulty when I contacted what I thought was a top manufacturer for direct sale, cross-checked repair stats, read your site, questioned your salesperson, and then bought a business model with the reasonable expectation it would be a [good] product. “
*”As requested, I sent multiple attachments …. but you seemed unaware I had forwarded them weeks earlier.
“You should have pulled the HP tapes first before ever contacting me and if your policy would not permit a reversal of the situation, say so.
“Now you have.
“A coupon for your store for $250 …Or, at your level, I must turn over the then $2400 laptop with a theoretically wiped hard drive, leaving me without internet access… Pass.”
I ended contact and they closed my case last week. It was clear that continuing was pointless. I took comfort in knowing the HP tapes were played and my account could not be contradicted…but how they tried.
What two independent computer repair techies say
*If I saw 15 hours of battery life listed for a laptop, I would know because of my technical background that it refers to idling time not actual usage. A consumer without a tech background will probably think the hours refer to actual usage. (Hello)
*Documents can be accessed with tools even after wiping the hard drive. The only solution is to remove the hard drive from the laptop before returning it.
Consumer takeaways
- Many consumers use plugged-in laptops, but this issue has overlooked broader consequences. For instance, battery-operated tools are essential during power blackouts.
- Be aware that the longer the new laptop is used, the lower the battery’s recharge capacity. My laptop battery lasts about 4.5 hours and has a recharge time of about 45 minutes.
- Imagine working late-night on a laptop with an assignment due the next day and the power goes out for an extended time… no worries because you think you have a “long life” battery. Or if during said blackout, sans task the laptop is merely a means of staying connected to the internet, one will learn the actual meaning of a “long life” battery…quickly.
- View librarian Roger O. Green’s urgent need for a laptop battery charger in the sources list. It is but one example of how the unexpected can disrupt important tasks.
- Check the protection policy of every debit and credit card in your possession, even from the same bank, when using one for purchase. Sometimes, the protection time limits differ. Do not rely on a call to customer service for the information. Under the right conditions, those time limits will rule over a vendor’s return policy.
A Visa complaint could have been filed for up to 120 days of purchase.
However, I did not think a claim would be accepted because I still used the possessed laptop.
I was unsure if five hours of battery life would be covered for a Visa purchase complaint. The equipment was lemony but usable and the battery was not defective. And where was I going to find a suitable replacement quickly?
Frankly, I was leery of not having files transferred correctly to yet another laptop…which would not be from HP.
The HP tech was highly competent. The other non-HP laptop setups were through a company where some techs did not have the know-how to transfer thousands of files from one computer to the next as I learned in a July 2021 email.
(I did not know about the term migration before except for birds and San Juan Capistrano.)
Takeaway: Migration should be managed by a pro.
I have filed this post under the category Funny Business as I have tried to recount this experience with humor…some contact was so outrageous it was hysterical…but overall, I am FURIOUS not just for the expensive buying experience and costly aftermath, which is not over …. but the corporate response…a painful, insulting, and drawn-out process…literally.
Fraud or deception begins when discovered, not the date the deed is done. Will this apply in this case? We will see.
UPDATE JULY 2024
This laptop dispute falls under the California Consumers Legal Remedies Act (CCLRA), I learned so far. And one statute of limitations has not lapsed… according to CCLRA.
By lucky coincidence, HP’s delays in contacting me for months this year, then later, setting up a phone appointment and breaking the appointment without notification, then asking for more time to research the matter… the statute of limitations may have expired on an issue I did not know existed until HP informed me they do not offer CarePack upgrades.
Meanwhile, a 525-word email from HP arrived on July 17, 2024, titled Clarification and Recap of Offered Resolution…
The purpose of the e-mail was to clarify my confusion, HP wrote. And HP restated its exemplary core values.
HP will accept the laptop return without the hard drive.*
*Avoiding a costly hard drive removal fee may or may not be possible with do-it-yourself videos on YouTube.
But, the “defective unit” must be returned as a first step in their process to decide if it is a repair or prorated refund issue…
Which would leave me without email or internet access as I search for a suitable replacement.
Most infuriating, the email contained insulting outrageous content and restated their mischaracterization of my documented complaint.
Decide? Determine? First step? Investigate further?
So while HP mulls things over, yet another statute lapses?
Not a chance.
TAKEAWAY
The tip below was inspired, in part, by advice from a veteran attorney and law librarian…
(Thank you both.)
Hack this…
If appropriate, when a dispute email or document packed with misrepresentations, false accusations, and an assortment of whopping lies… lands in your Inbox, do not draft a separate reply instead key your response under the section you want to REFUTE.
Do not waste energy arguing on paper, describe the document or evidence that refutes the false statement…
First, copy and paste the email into a Word doc or some such for easier editing access then paste it back for reply.
From firsthand experience, it is a time-consuming chore involving clerical and research tasks because you must search for and gather documents and archived emails for reference citations.
Be prepared to spend time online and offline and possibly scan paperwork you may not have realized you needed.
If you hate paperwork, it’s a delightful task.
IMPORTANT: Every case is different, so check with a qualified attorney…and your law library. Legal librarians cannot give legal advice but can guide users to databases and other self-help law resources.
Update 8/14/2024
It’s How they Roll
As of 11: 19 AM August 8, 2024, a professional court-approved process server served HP notice…*See you in court for deceptive product advertising, fraud, and libel.
*Remotely
The legal term for portions of the HP July 17, 2024 email described in the last update is libel. The corporate party released the information to others falsely disparaging the plaintiff (moi).
TIP
While compiling evidence last month, I reread an email received earlier this year from an advocate and realized I had misread several words … altering the entire meaning of the instructions I thought I was to follow.
To paraphrase…I read keep us in the loop …Instead …it read … “we have asked the company contact to keep us in the loop…”
So, when a company hastily tells you there is no reason for you to keep a third-party consumer group in the loop… don’t believe it!
Several missing words with a major difference in comprehension… an unpleasant light-bulb moment. Takeaway: A rapid skim while reading online should be avoided for maximum comprehension. Print and read important instruction-related emails offline. Avoid reading while upset or tired.
………………………………………..
An HP customer for their other products without complaints for 10 + years.
I cannot believe that a company on the stock exchange would conduct themselves in this manner.
HP’s position…
Recap: HP will now accept the laptop return without the hard drive.
But the “defective unit” must be returned as a first step in their process to decide if it is a repair or prorated refund issue.
My position…
This was never a repair issue in 2024 but a deceptive sale and Care Pack fraud issue. So, give me the depreciated laptop refund I had asked for all along but allow me to keep the laptop…
Or allow me to keep the laptop after receiving the refund and delay return until I find a suitable replacement which I never anticipated doing until 2025. Especially, since a depreciated refund would not cover replacement cost.
My reason for asking was for medical reasons and I would be without internet service or email access until I could find an acceptable replacement. Their conduct placed me in this situation and my ask should be honored.
I thought.
What a judge will decide remains to be seen. Cases are backed up for months.
This post will be part of the exhibits presented in searchable PDF format. In the era of internet scams, each document must be backed with proof of origin.
Meanwhile, I must find a solution to this ongoing Stephen King laptop search.
Thank you for reading.
UPDATE 11/13/2024
Editor’s note: A conclusion will be added to this blog post after this case ends.
Meanwhile, it’s beginning to feel a lot like I am stuck in a wacky, tech horror reality show…
Previously, I wrote of surprise that a corporation on the stock exchange would conduct themselves in this manner…a naive statement unless the full meaning of what I meant is explained…
My contact with HP corporate was initiated in part… I thought… by a consumer hotline headed by a popular, TV anchor with a long history of resolving difficult consumer complaints…and airing selected stories on the local news.
Businesses were eager to do the right thing when the mere mention of the anchor/reporter’s name was dropped. I know this firsthand.
So, I thought, my complaint would have been resolved favorably months ago, as surely HP would do the right thing given their exemplary core business values* and the consumer hotline in the loop.
*Their words.
However, I learned recently that the TV station’s longtime consumer anchor had left before I emailed for help. The hotline was there as always, and the anchor’s picture was still on the site…but a new group of consumer counselors took over.
One might conclude some at HP may have thought they could manipulate the situation without accountability.
TIPS and Takeaways
*When an email and a phone call from the same person differ in tone and content that is a warning sign! For instance, warm email greetings followed by a chilly, unprofessional phone call. Or warm communication from the company with major contradictions in statements by phone versus email content…
The written content is for appearance… a record of utmost civility and concern.
Always document what was said during a company’s recorded or non-recorded phone call and e-mail details of concern to the other party the same day.
Otherwise, it may be your word against the opposition’s.
* Never assume that buying a product from a large company with positive results means the same result will occur when buying a different product from the same company… different department.
Buying a computer should be based on the following strategy: assume nothing…believe nothing. Run the sales information by a qualified computer repair tech support BEFORE purchase. Then try the equipment out for as long as possible…
*Laptop packaging: keep the box and all inserts until the warranty expires. Inserts in 2021 differ in “long-life “wording in 2024. These words do not appear on the HP store site or the current online warranty reviewed recently.
Back in 2021, there was no mention in the online warranty …or the site marketing copy… or product inserts about idling hours versus usage hours. But footnote #40 battery data in the fine print clicked to a non-HP site about a related battery product…causing one to ask “OK, I give up, what is this?”
- Wise Suggestion from a Teacher Forum
[ When buying a new laptop]: “Put everything on an external hard drive independent of all devices. I also have learned to minimize what I keep on my computer. Keeps it running faster.”
Thank you for reading.
Update November 17, 2024… The Law
Fraud, deception, and deceit do not have the same meaning in legalese for consumers. Deceit or deception may be easier to prove, say consumer law pros. Know before a problem arises whether a complaint about your purchase can only be heard in arbitration.
In this pink computer nightmare, applicable laws may include ADA violations… refusal to grant a reasonable accommodation request for ongoing neck and back injury… and civil rights violations.
Research and deciphering what laws may be applicable continues. Summarizing the entire case for oral presentation to the judge must be about five minutes.
Sources
Updated 11/19/2024
See the subhead below…Did You Know…
PBS.org/video/the-pink-panther
https://www.pbs.org/video/the-pink-panther-zh4e9r/
Being plugged in or not: Summer Solstice
Roger O. Green, August 7, 2024
Ramblin with Roger: A librarian’s life, deconstructed
https://www.rogerogreen.com/2024/08/07/being-plugged-in-or-not/
Tulsa Fire Department. Note: The news video in the second link below is more detailed. Chilling battery details supplied by the narrator.
https://apnews.com/article/dog-house-fire-battery-4ae28479998a20d6bae38c8deb749bf0
Tulsa dog starts house fire after chewing on lithium-ion battery | Fox News
National Fire Prevention Safety.org
https://www.nfpa.org/education-and-research/home-fire-safety/lithium-ion-batteries
Cnn.com/2023/03/09/tech/lithium-ion-battery-fires/
https://www.cnn.com/2023/03/09/tech/lithium-ion-battery-fires/index.html
Consumer FTC.gov/how to file a complaint
https://consumer.ftc.gov/media/video-0054-how-file-complaint-federal-trade-commission#:~:text=Telling%20the%20Federal%20Trade%20Commission,all%20there%20is%20to%20it.
Did You Know…
How some writers, poets, and others escape computer woes and issues of creative theft by returning to old-school machinery.
CBS news.com. 11/18/2024, 2:42 min
https://www.cbsnews.com/sanfrancisco/video/typewriters-getting-renewed-interest-in-the-bay-area/
YouTube, January 2024, 5:00 min
Legacy Technologies – Episode 01 – Berkeley Typewrite
IMPORTANT: Rules may differ in different jurisdictions.