Dell Defective Laptops
Tousley Brain Stephens PLLC filed a class action against Dell, Inc., the maker of Dell computers, on December 13, 2006. The complaint alleges that Dell Inspiron Laptop Model Nos. 1100, 1150, 5100 and 5160 contain manufacturing defects, which Dell knew about at the time it sold the Computers. The cooling systems in the computers are inadequate to dissipate heat generated through normal use. In addition, the power system prematurely fails when used as intended. Finally, the motherboard of the computers prematurely fails when used as intended.
Dell's response has been to advise consumers to clean their laptop to rid them of hair and dust or load a software patch that helps avoid overheating. Neither of these solutions addresses the underlying manufacturing defect. Further, the software patch directly affects the processing speed of the computer, yet Dell does not disclose to consumers that the computer's processing speed will be affected. Dell also recommends replacement of the motherboard, but does not correct the defect during replacement, and it charges those customers not covered by a warranty for the replacement.
Plaintiffs' complaint alleges that Dell's conduct (1) violates Washington's Consumer Protection Act; (2) constitutes Fraudulent Concealment/Non Disclosure; (3) breaches express and implied warranties; and (4) caused Dell to become unjustly enriched.
The proposed class is defined as:
All individuals and entities in the State of Washington who own or have owned any one or more of the following Dell Inspiron notebook computer Model Nos.: 1100, 1150, 5100 or 5160.
The Court has not yet decided whether to certify the class.
Case Documents Please click on a document below to download. PDF documents can be read using the free product Adobe Reader available here. First Amended Complaint
677kb, Adobe Reader Document (PDF)
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