Advocate notches victory for computer buyers after battery didn’t match promise

“He discovered that it did not have a battery life of 13.5 hours or anywhere near that. He found that it lasted only about three to five hours while using it on a flight to Europe. He was upset. He contacted Dell about the issue, and was advised that normal battery use was only in the range of three to seven hours, depending on the use.”

Lukacs asked Dell for a laptop capable of working 13.5 hours, as well as compensation and an end to the “false or misleading information it had been providing its customers regarding the capacity of its batteries.”

Nine months after his initial complaint, Lukacs — who is known as the country’s foremost passenger advocate after dozens of tangles with the airlines — finally contacted Dell’s legal department.

Dell offered both a full refund and $300 “as a gesture of goodwill,” adding in an email that “Dell would remind its sales department that battery life varied with the type of use, and type of programs being run.”

Lukacs later received a call from a man described in the court ruling only as “Sanjay,” who said he was in Dell’s legal department, and offered to increase the cash payout to $600. Lukacs agreed, and it appeared the dispute had been settled.

But Dell’s three-page settlement included clauses making it conditional on an inspection of the computer by Dell and a confidentiality clause, among other things.

Dell agreed to waive the other conditions, but not the confidentiality clause. They were at an impasse.

“Dr. Lukacs … refused to budge on the confidentiality issue. He pointed out that confidentiality had never been discussed, or mentioned in the email correspondence, prior to his acceptance of Dell’s offer,” the ruling noted.

Lukacs took the dispute to small claims, where Dell insisted confidentiality is a standard demand, and they had never actually come to any agreement.

In his ruling, Richardson disagreed, and effectively ordered that Dell honour its offer.

The judge said a confidentiality clause can’t be added after a deal is made.

“A confidentiality clause is a significant burden on a party. It represents a restriction of his or her freedom of speech. A party may agree to such a clause, but he or she must be asked for it,” he said.

Richardson refused, however, to agree to Lukacs’ claim for special damages, noting Dell’s actions didn’t justify them.

The Hungarian-born mathematician has taught at Dalhousie University and the University of Manitoba.

In recent years, Lukacs has been responsible for increasing the compensation Canadians receive when they are bumped by overbooking. Air Canada, Porter and Air Transat are among the airlines whose policies have changed because of Lukacs’ complaints.

In 2015, Lukacs said the Canadian Transportation Agency has made 26 decisions in cases he started since 2009, and he won 24 of them.

Rob Roberts, The Canadian Press

by Canadian Press

Advocate notches victory for computer buyers after battery didn’t match promise

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