Review: ACER, Uncut

A Blissful purchase

The phrase ‘Nightmare Experience’ is thrown around a lot these days. I don’t know where mine fits in, but I am fairly sure it would raise the standard for absurdity and corporate arrogance, especially from a respected multinational like Acer. I’m just one person, and I got screwed for it. But this isn’t the story of someone who got beaten, so for all of you who are in need of some inspiration in taking on a company as the little guy, read on. Also, if you’re thinking of buying an Acer product, I beg you, I really do, to read this first.

I could begin with the shiny new Aspire Gemstone Series Laptop I bought from Acer and everything that was wrong with it, but this isn’t a tale about my laptop, nor is it about what customers should expect. This is a story about Jason Sale and Acer, heading it off in a battle that should never have needed to take place. Come to think of it, it wasn’t really a battle. It was just me, kicking and screaming at the legs of giant so large it barely noticed. But someone did notice, and Acer did everything in their power to keep me from what I paid for, and in doing so wasted countless hours of their own, mine and government resources, all for a lousy 2000 bucks that meant far more to me than it ever would to Acer.

So I won’t describe in too much detail what was wrong the laptop, suffice to say that the lid was broken and it crashed every half an hour. I’ll begin my ‘review’ in the spring of 2007 in Australia.

The Gemstone Turd

So I bought my broken Aspire 7720G Gemstone laptop on the 18th of October, 2007 (1). I had looked forward to it for quite a while, and now that it didn’t work I would have to wait at least a week before it was repaired. I had purchased the laptop to use on my trip to the UK in January, and for my postgraduate studies in Germany. But Acer didn’t know this yet, although they were later very happy to find out.

I phoned Acer technical support and followed the prompts until I was put through to a phone queue, with a Jazz song looping every 4 minutes. I would later recognise the whole thing as being synthesised, and would have horrible dreams about it, like an echo forced into my mind from a time I would rather forget. As an Acer phone queue customer you are also regularly informed that you can lodge your query online, with a response by Acer supposedly within 4 business hours. I tried this with dubious results, receiving a (completely useless) response from Acer within about 72 business hours (3). Good thing I chose to skip the queue and email them!

Anyway I digress, so there I was in the phone queue listening to my favourite Jazz loop. After about 15 minutes (that was a good day) I got through to a tech support guy, with whom I jumped through the usual hoops such as checking that the power cable was plugged in, restarting the computer, and updating drivers. After I formatted the drive and the laptop still crashed, I called tech support again, and a DHL van came to pick up my laptop for repair a few days later.

The 10 day company

I'm a little unsure of how to explain this next series of ridiculous events, because I don't want to make it too boring. However, it was these events (and the court case that followed) which led to what I now recognise as an insatiable fury against Acer. I hope to share with you my frustration through what I like to call the "angry list highlights", which occured during what Acer insisted to be a repair process:

• 02/11/07: Acer picks up the laptop, assuring me that a repair will most likely take 10 days or less
• 12/11/07: Called Acer 10 days after pickup as I hadn't gotten the laptop back. was told that a new casing had been ordered. I should call back 10 days later    
• 22/11/07: Called Acer, and was told that a new repair disc had been ordered. I should call back 10 days later
• 4/12/07: Called Acer, and was told there was a mixup with the CD, but my laptop would be ready in 10 days  
• 5/12/07: Contacted Highpoint (who manage the call centre and repairs for Acer) and was told that not only were my frustrations understood, but that my laptop would be repaired asap (2)
• 7/12/07: I wrote a similar email through the Acer "online support" site which I had heard so much about, and received what I later suspected to be a politely worded "Get real we ain't giving you documented evidence of our incompetence" (3)
• 17/12/07: Called Acer, and spoke with "Dave", who told me that Acer was still (yes, since the 22nd of November) working on getting windows installed on the computer, but were having problems.  

The Queensland Office of Fair Trading; Good for a figurative hug

On the 4th of January 2008 I lodged an official complaint with the Queensland Office of Fair Trading (OFT), who opened a mediation case between myself and Acer Computers Australia on the 14th of January (6). Mediation is basically a first step to resolve a dispute which can't be negotiated by the two parties. The idea is to mitigate the need for a court case by having a mediator who facilitates discussion between the two parties. At the time I was certain that Acer would give me the refund as soon as the Office of Fair Trading explained their obligations as a trader, and I was also glad that I would not longer need to speak with Acer directly. 

I informed "Jenny", my mediator, that I was no longer in the country and was living in the UK. Jenny then told me that Acer immediately responded stating that they had repaired my computer, and that they would send it as soon as I gave them an address (7). Great! So I thought. Ofcourse at the time I didn't think it suspicious that Acer would suddenly state the laptop was ready as soon as they found out that I was no longer in the country. Would you?

I sent them my address, and after Acer dragged its feet for another few weeks (well it was either foot dragging or just incompetence) (8), Acer refused to send the laptop overseas, give me a refund or provide a replacement (9). This is starting to sound like theft, no? To their credit they did offer to extend the warranty for 6 months, and to send me the laptop anywhere in Australia free of charge (10)! Thanks!

It was now February, 2008 and I found myself in the same position as December. I had no Laptop, no money, and it seemed like there was little else for me to do than become a very angry, relentless and pissed off ex-customer. But what can a guy without money do to convince a multinational company to give him $2000 from the other side of the world? So begins the next chapter.

30 Dollars, 6 months and +10 rage

Acer had basically stolen my money, and it became obvious to me that I hadn't just fallen through a crack somewhere. I had been systematically screwed by a company which assumes that people are more likely to roll over and die than bite back. I didn't want anyone to experience what I did, I didn't want to be trampled by a company over money they didn't deserve or need. Most importantly I wanted my 2000 bucks. I had 6 spare months in Britain, with my postgraduate studies not starting until October of 2008. I began to study the Australian Fair Trading Act of 1987 in the hope of finding some law that Acer had broken. I won't bore you with the details, but Acer broke the law, all thanks to the Rescission of Contract provision (Section 40N) of the Act:

"If...a person (the supplier) supplies goods to a consumer in the course of a business, and there is a breach of a condition...the consumer is...entitled to rescind the contract by...causing the goods to be returned to the supplier and giving to the supplier, either orally or in writing, particulars of the breach"

Acer had breached the implied condition that the laptop works as described, and then refused to provide a refund after I caused the goods to be returned to them, to the best of my knowledge this was a contravention of Section 40N. I didn't know whether or not this was a long shot, but I went ahead with it and filed my case with the New South Wales Consumer, Trader & Tenancy Tribunal, along with the $30 application fee. My application was accepted and a phone hearing was set for the 19th of June, 2008 (11) (12).

Acer, not very respondent

Acer never responded to Hearing notice. The hearing took about 45 minutes, and was concluded in my favor, with an order for Acer Computers Australia to immediately refund the laptop (13) (14). Surely Acer wouldn't refuse to pay after they have been issued with a court order? Acer's right to appeal was limited. They would have to appeal in Supreme Court on a question of law. This was financially out of the question and legally Acer was now breaking the law if they did not pay me. Willfully disobeying a CTTT court order is a serious offence punishable by imprisonment (Enforcing CTTT orders, see 'How Enforceable are CTTT orders?')

On the 27th of June I contacted Acer, and sent them a copy of the order. Acer took their sweet time, responding a week later, with an assurance that the funds will be processed shortly (15). The funds didn't get processed shortly, they didn't get processed at all. Another week later I requested a certified order from the CTTT so that I could have the order enforced through the Local Court in Sydney (16).

Just so you're still with me here, at this stage I had requested a refund, sought mediation, took them to court (and won). Acer still wasn't moving. Acer assumed that I didn't have the resources to sue them in a higher court, so I had no way of actually sending anyone to Jail, nor could I show up at a local court to enforce the order. And they were right.

Who's your Daddy?

I can tell you about the 19th of July, I don't think I'll ever forget it. It was a rainy summer's day in Scotland, and I was scouring the web for others in my situation. Where should I go now? Can I enforce the order in a Local Court without being there? I didn't find anything, but I did find a resources website for legal advisers, which had a template for a very threatening Letter of Demand. Just for kicks, I modified the letter slightly, and posted it to Acer (17) along with a photocopy of my CTTT Certified Money Order. I also sent an email to Acer Customer Support, stating that I had sought the services of a lawyer, who is now sending an official notice of demand on my behalf, and that all further correspondence should be directed through him.

I gave no name of this "Lawyer", nor did I give his contact details. Anyone could see that this was a total fib, but by now I had figured out their system. I had done nothing that they hadn't dealt with a thousand times; every response from Acer was signed off by a call centre employee. I had done nothing so far that wasn't on a list of "how to respond" actions next to every call centre worker's desk. It would appear that a pissed off customer with a lawyer was finally beyond the scope of the call centre. That taking action against Acer in small claims court seems to be part of a day at Acer is a tragedy in itself.

Whatever happened at Acer during those following days, on the 8th of August the money appeared in my Account. Very quietly, Acer surrendered. In my dealings with Acer I never received a Letter or Phone Call, nor an email that wasn't a direct response. I was never told that Acer regretted its actions, that this would not happen again, or even that Acer has refunded the laptop. Almost a year after buying the laptop, my money appeared back in my account, with only my bank statement, a shining trophy of Justice, as my sole remaining evidence that companies can only go as far as we, the consumers, let them (18).

Afterthoughts

I have tried to make this article as readable as possible, even a little humorous. I know this was a boring topic and wanted to make it interesting, and if you've gotten this far I thank you for sitting through it. Funny (or not) as my article may have been, this was no joke, nor was it an accident. Acer was very calculated, taking every possible action to improve its chance of keeping my money as well as the laptop. I never received a single phone call or letter from Acer, and only emails in direct response to my own. I never received an apology from Acer, an assurance that it would not happen again, not even a notice that the refund had been paid. They want to keep this quiet, and they want to keep doing it.

I dread to think of how many times this tactic has succeeded, and how many have fallen victim to it. Please don't be that person. If you find yourself in such a position, fight back. Buying power isn't enough sometimes, we need to stand up and say "enough!". All western governments (and I assume most governments of the world) have an infrastructure such as the CTTT in place to allow the little guy to stand up to the man. So if you can read this, chances are you have the power to fight back and achieve a fair outcome for whatever struggle you are facing.

I think it's vital that people learn about my experience, so that they don't have to. If what I have written seems important to you, why not help me share it with the world? Tell your friends about this article, and If you have a similar story to share, why not write your own blog? Send me a link if you do, I would love to read and share your story. You could also send me your experience and I could publish it anonymously for you if you wish. If you want more information, or some tips and advice, feel free to ask me.