Area man, Dell in court battle over screens

[Gregg Lengling]

Consumer alleges well-known firm misrepresented plasma devices
 


 
 
By Ferdie De Vega
The Desert Sun
November 2, 2004


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A Cathedral City man is suing Dell Inc., claiming the Texas-based computer systems company fraudulently marketed plasma monitors in its catalog as plasma televisions.

Joseph Crispino bought a 37-inch Panasonic product for about $2,700 after seeing it advertised in the Dell catalog and receiving assurances that he was getting a plasma television, according to his attorney, Ricardo A. Torres II of Los Angeles.

When the order arrived, Crispino noticed that it didn't have a tuner or speakers, so he went online for more information about the unit, Torres said.

Crispino then called Dell but didn't get a satisfactory response, Torres said. "He got bounced around."

The lawsuit was filed in May in the Indio branch of Riverside County Superior Court. Torres said he is seeking class-action status for the case, which would allow his law firm to bring in other litigants who purchased the monitors thinking they were television sets. The next court date for the case is scheduled for Nov. 9.

In competing with other computer companies, Dell sought to diversify into consumer electronics, Torres said.

"They were passing off plasma monitors and displays -- which are very different than TVs -- as TVs."

The monitors in the catalog did not have speakers or tuners to receive channels, and they were not HDTV (high-definition) ready, he said.

According to the Web site of the Plasma TV Buying Guide, a plasma television has a thinner, flat screen; higher resolution; excellent color accuracy; and a screen specially shaped to receive HDTV images, among other things.

The suit is seeking "damages based on fraud" and "injunctive relief and restitution."

On Monday, a Dell spokeswoman said the company does not comment on pending litigation.

Torres said the issue is whether or not Dell's marketing department intentionally used fraudulent information in advertising the monitors in its catalog.

"Right now, we don't know how far and how wide they (the advertisements) went," he said. "But I'm of the opinion they went across the country."

Torres said since his client purchased a plasma monitor, Dell has come out with a new product that actually is a 42-inch plasma television.

Dell claims that it has stopped advertising and selling the Panasonic, Planar and NEC plasma monitors as television sets, Torres said. But he said the company has not given refunds to his client or other customers who purchased the devices believing they were actual television sets.

"What they've done is leave customers across the country, like Mr. Crispino, holding the bag, holding these products," Torres said.