Utah Division of Consumer Protection

Notice of Restitution Available as a result of Settlement with Computer Maker Dell

In conjunction with 48 other states, the State of Utah has reached a settlement agreement with the Texas-based computer maker Dell, Inc.and Dell Financial Services, LLC (both referred to hereinafter as “Dell”). Under that agreement, eligible Utah consumers will receive restitution if they experienced problems with the companies’ financing promotions, rebate offers, technical support and repair policies.

Dell agreed to change its business practices, including its advertising of financing and credit offers, its fulfillment of rebate offers, its provision of warranty services and its account collection procedures. Dell also agreed to pay $25,000 to the State of Utah for restitution to eligible Utah consumers who file claims with the Utah Division of Consumer Protection by May 29, 2009. Dell admitted no liability or wrongdoing under the settlement.

Consumers who were harmed because Dell failed to fulfill its warranty or rebate obligations or failed to properly disclose the financing and credit terms connected with the purchase may be eligible for a refund under the settlement.

Utah residents who believe they are eligible for refunds must complete a Dell Claim Form (click to download) and return it to the Utah Division of Consumer Protection, 160 East 300 South, Salt Lake City, Utah 84111 on or before May 29, 2009. Utah residents may also call the Division at (801)530-6601 or if outside the Salt Lake area toll free at (800)721-SAFE to request a form by mail.

• Who may be eligible for restitution from the portion paid to Utah under the Dell multi-state settlement?

A claim must meet each of the following requirements in order to be eligible:

The claim must belong to a Utah resident; AND
The claim must concern a product or service purchased by the complainant from Dell between April 1, 2005, and January 29, 2009; AND
The claim must be a consumer complaint about
1. a Dell Financial Services LLC Conditional Financing Promotion, or
2. a rebate that the consumer applied for but did not receive, or
3. warranty service that Dell did not perform as promised or as required by Utah law, or
4. extended warranty or next-business-day service that was not provided as promised; AND
The consumer must have suffered a verifiable out-of-pocket (monetary) loss.

• How will I know if I'm eligible?

First, complete a Dell Claim Form and submit it to the Utah Division of Consumer Protection. Your claim must be postmarked no later than May 29, 2009. Your claim will be reviewed by the Division. If you are eligible you will be mailed a check once all claims have been received and evaluated. If you are not eligible, you will be notified.

• When will checks be issued?

The claim period ends May 29, 2009. It is anticipated that restitution checks will be mailed by November 29, 2009.

• I received the claim form and I have questions about how to fill it out.

The Division cannot give you direct assistance in completing the Dell Claim Form. You must identify the problems you experienced and do the best that you can to provide specific dollar amounts that you paid out-of-pocket to Dell to resolve one or more of the problems that you identified.

• I no longer have any invoices statements or documents relating to my problems or purchase. Can I still file a claim?

Yes. However, this will delay our ability to process your claim since we will need to look to other sources to verify your claim.

• I already filed a consumer complaint with your office against Dell. Do I need to also file a claim?

Yes. To be eligible for the restitution provided by the settlement agreement, you must complete and submit the Dell Claim Form to the Division of Consumer Protection by May 29, 2009 regardless of any other complaint form that you may have previously submitted to the division.

• Assuming that I am eligible for restitution, can I expect to receive the full amount of my claim?

No. The amount of money paid to individual consumers depends on the number of eligible recipients and the total amount claimed.