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Your Computer Lemon Law Rights


Nature of "The Problem":

When consumers buy a new computer, software or peripheral device, they are promised speed, reliability and features. The computer industry also promises excellent warranty service if the something goes wrong, but fails to deliver when repairs are needed.


What's a Consumer to do?

Solution: Simply call Kimmel & Silverman at 1-800-LEMON-LAW (800-536-6652). You can also fill out our form and submit by e-mail. We'll do the rest, quickly and efficiently, to get you a NEW COMPUTER or FULL REFUND at absolutely no charge to you. That's right, Kimmel & Silverman's service is FREE, win or lose!


I'm Always Having Computer Problems. How Can I Protect Myself if This Continues?

The first thing to do is to contact the company, tell them the problem and politely demand satisfaction. Make certain you are given specifics about how the company will respond to the problem and the date by which they will do so. Keep them on a short deadline, usually no more than a week. Keep a written log of all persons spoken to, any reference number they provide, the date of the contact and the actual response you received. Keep all papers sent to you by the company.

If the problem is not resolved, or additional concerns arise, the log will be very helpful in providing a detailed history of your computer for our use.

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So What Are My Rights?

Consumer rights are found in Federal and state law, and in the printed warranties delivered with every new computer. Under a Federal law, known as the Magnuson-Moss Warranty Act, consumers have an absolute right to satisfactory warranty repairs. If the company is unwilling or unable to make successful repairs, the company has breached its warranty obligation to you, regardless of whether they acted in good faith to remedy the concern or not.

In such a case, the consumer is entitled to either a new computer (or printer, scanner, software etc.) or a full refund without charge, in exchange for the defective unit. In addition, the company pays all legal fees and costs associated with any successful claim.

You may also have other rights. Many state laws give consumers the right to obtain much more than a refund and some even permit the consumer to receive three times the purchase price as damages.

The warranty which came with the computer may entitle you to additional rights too, such as the option to return their product within a set period of time if not totally satisfied or the option to upgrade to a different model.

Whether the company tries to assist you, or is just giving you the run around, these rights remain in effect and cannot be altered or surrendered under Federal law.

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The Company Says The Problem is Caused by Something Else Other Than Their Computer But I Think They Are Wrong. Isn't it Just My Word Against Theirs?

It is never just your word versus theirs. 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. Why should you be?

Federal warranty law requires that any product, whether a computer or not, must function as warranted by the manufacturer and deliver the same performance as was promised at the time of sale and/or in the promotional materials. If not, the company must accept the product back and provide the consumer with a choice of a new computer or full refund. No ifs, ands or buts.

Despite these laws, consumers face difficulty enforcing their rights because the computer industry as a whole lacks responsiveness to individual needs. That is where Kimmel & Silverman comes in. We care about the needs of each and every client and want to help. So much so, that we do not charge our clients a fee or cost for our service. Our legal services are absolutely free and have been since 1991.

Having represented more than 75,000 people in various lemon law and warranty claims in the last 17 years, we have seen the methods by which multi-billion dollar companies try to avoid warranty obligations in the name of cost-cutting and profitability. We see how some who have a policy of making it difficult to obtain warranty repairs, while others refuse all service claims entirely, betting the odds that a consumer will not do anything to enforce their legal rights. Unfortunately, such a policy does discourage consumer claims and causes most people give up and accept the fact that they lost their money on a defective computer. Now, you don't have to be one of them.

We at Kimmel & Silverman make sure it is never your word versus theirs. We compile the warranty records and parts summary, service bulletins and industry data regarding your brand of computer and its reliability. We utilize the services of a certified computer engineer and a computer consultant who assist us as an impartial aid in the event the claim cannot be settled and goes to court. We make strong demands on the computer companies to either replace your computer, or issue a full refund.

If they refuse, we go to court for you seeking what the law requires and nothing less.

Our aim at Kimmel & Silverman is to do everything possible to settle (by negotiating with the company) or win your case (if we go to Court), so you get rid of your headaches and get satisfaction!!

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How Long Will a Case Take?

Typically, computer claims take less than 45 days to resolve, but don't worry, you will not be penalized for your use of the computer during that time.

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Why Use Kimmel & Silverman?

As one of the nations most respected lemon law and warranty law practices, our staff of attorneys is geared for aggressive consumer advocacy. We bear all costs of litigation and preparation. Your participation is minimal and only in the most contested matter will you be required to present yourself in person whatsoever.

Read about us in magazines such as the one shown on our home page. Ask your family lawyer about us. He or she is likely to know someone we have represented or know of our practice. Speak with our former clients. Look at the dockets at the courthouses. We limit our practice to these types of claims only.

We fight for you so you no longer have to be aggravated about your computer.

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How Do I Get Started?

Simply call us at 1-800-LEMON LAW (800-536-6652) or fill out our form and submit by e-mail. We'll do the rest. Quickly and efficiently.

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Ready to Get Rid of Your Lemon Computer?