XFX loses lawsuit for their bait n switch operation

[Mad Pistol]

1 gtx260 + 1 8800gts ultra are not better then 2 8800gts ultras

Did he contact XFX and ask them if he could trade his working 8800 Ultra in for another GTX 260 since he couldn't SLI them anymore? Only a fool would argue that this guy got the short end of the stick on this deal. XFX sent him a better card (not worth more, but faster by about 30%). If XFX is willing to send him one GTX 260, surely he could have traded his other 8800 Ultra for a SECOND GTX 260. It's mind blowing, right?

No... he didn't think that far ahead. I can almost guarantee they would have done that for him just to keep a customer happy. He would have had a better pair of cards because of it. Instead, he "settled" for $585, which wasn't even close to worth the price of a brand new single 8800 Ultra. What does he have to show for it? An inflated ego because he "stuck it to the man" when in fact, the man is A LOT smarter than this guy will ever be. Probably why they could afford to send him a BETTER card than what he sent in originally.


Yea.... he won big for sure. Sounds like a massive waste of time if you ask me.



Don't credit this guy with being a proper citizen. He exploited the legal system for his 15 seconds of fame. This doesn't help anyone, and it certainly does not help any of us.

[masterg]

he did, read his last post.

er post #41

[Mad Pistol]

He didn't talk to the right people then (and he was probably angry too, which never helps.) He named off names of people that he "talked" to along the way and helped play a part leading up to his suit. Seriously, who in the world is that precise with details? This was a calculated maneuver that was designed to do nothing more than damage XFX's reputation. I'm not defending XFX at all, but I must say that I cannot take this guy's side for dragging that company and the rest of the consumers through proverbial dirt just so he can get a little something to boast about to his drinking buddies.

I take EVERYTHING he has said in this thread with a grain of salt based on the situation. You cannot tell me that a company that you gave $1600 for a pair of video cards would not trade them for $600 worth of video cards that perform better. I have NEVER heard of such lunacy. I've gone through XFX RMA no less than 5 times now, and each time, they replaced the card, even for something as simple as the fan was making a funny noise... it was that simple. The last time, they upgraded my card to a step up on a new generation. I refuse to believe that they would not trade a working 8800 Ultra, a card that could easily be used as an RMA for some other guy whose card stopped working, for another card to give this guy a matching SLI set.

Sorry, this thread is full of crap, and I refuse to believe this guy's sensationalist testimony.

[masterg]

I acknowledge his issue and thats because i have gone through a similar situation with a company that decided to change its mind on a product they carry after i already bought and paid for it so i would get the short end of the stick.

maybe it hasn't happened to you yet; great, hope it never does. but if it does, you will be doing the same thing

[Mad Pistol]

No. I won't be doing the same thing. I will simply never buy a card from that company again and I will tell people about my experience. I have neither the time nor money nor patience to deal with something so frivolous.

All for $585 too. That wouldn't even pay for a month's rent when I was in college. That's utterly pathetic.

[masterg]

the more you allow any company to skimp on its legal obligations for one person the more they will realize they can continue to do it to others. when you hack it off saying the 100$ i would get out of them isnt worth the effort, the company wins and will continue to do so for as long as they can.

[Mad Pistol]

They fulfilled their legal obligations. He got a better card out of the deal. This guy found a gap in the clause and exploited it.

It's because of people like him that we have large companies that make iron-clad contracts that do not have an escape clause. It's because of people like him that XFX is now going to amend their contract to be bigger and without any supposed loop holes. It's because of people like him that XFX no longer has a double lifetime warranty. Even eVGA has moved to a serial-based warranty that lasts 3 years or less. The days of the "lifetime warranty" are over.

Frivolous lawsuits and "entitled consumers" like this are to blame.

[masterg]

entitled to what? He had 2 8800 GTS ultras in SLI. 1 broke and needed replacement. he received a GTX260. GTX260 does not SLI with an 8800gts ultra. 1 gtx260 may be better than 1 8800gts ultra but not 2. he lost half his investment with the gtx260 whether it is better or not since he can only use a gts260 OR the 8800gtx ultra not both.

The double lifetime warranties are indeed ending because of issues like this. If a company sells you a lifetime warranty its a LIFETIME warranty. 20 years down the road of course they wont be able to replace that 8800 with another 8800. But because they offered it they, xfx, are stuck until they change it


companies did it because it made them look awesome on paper. in practice they realized its very bad for business to try and replace a 600$ card 5 years after EOL

[Mad Pistol]

There's the issue. He was never entitled to the same card. He was entitled to a card that performed the same or better, and since cards never perform exactly the same on a linear basis from generation to generation, they had to give him something better.

The GTX 260 uses less power and is faster in every instance. By the very definition, it is a better card. He could have gotten another GTX 260, either from XFX or through another means, but he chose to pursue a rather pointless civil suit which cost time and money to everyone. XFX, taxpayers, himself, consumers... we all paid for that $585 that he got. Doesn't that make you even slightly angry? I mean, I really liked my video cards with lifetime warranties, but that's not even possible anymore.

I would be shouting praises to him if XFX had duped him by giving him a lesser card and refusing to fix it. I hate it when companies do that. However, XFX fulfilled their contractual obligation to replace the card with a better one. Everything else past that is sensationalist at best, and egotistical at worst.

[NKrader]

im not going to even try to read all these pages of people disagree with op.

i fully agree that the rma process from all manufactures is fully flawed.. just because my hardware is older doesnt mean that i didnt pay a ton more money than the card you returned it for..


and also about old cards, i returned an EVGA 9800gx2 about 2 months ago as it has lifetime warranty. they replaced it with a NIB 9800gx2. so old cards do exist at good companies who plan ahead and fully think thru their "lifetime warranty".

[masterg]

I guess we are just going to have to agree to disagree on this then. I've been scammed by a company before.

Advertised 5 motherboards for 265$. i contacted them believing this to be in error. They said no error. I asked again 5 motherboard for 265$? they again confirmed 5 motherboard for 265$. i bought said advertised 5 motherboards. i did not get 5 motherboards. Company said there was an error with the product info and it never came with 5 motherboards even with my emails claiming otherwise. i threatened legal action, they refunded full purchase price and let me keep motherboard.

when i purchased that they had an online reseller rating of 92%~ since then, their rating has dropped to 63%~ in a matter of 5 months

Guess what? its still being advertised as a set of 5 motherboards on their website: http://www.tigerdirect.com/applicati...80391&CatId=13

thats my lovely review too.

[CrazyNutz]

@Mad Pistol: He had 2 8800ultras in SLI, and Waterblocks.

[BeepBeep2]

Everyone ripping on OP?
XFX is the f#*king $h!tiest company I've ever dealt with...

A few years back I tried to RMA my Foxconn based XFX-branded nForce 590a SLi board because it has a defective ram slot.

Replies between myself and them were several days in between on their part, and I was told that if I did not send my *AMD* motherboard back with the non-existant socket cover in, that no matter what condition the board was in, they would not accept my RMA and simply send the board back. I told them that the board never came with one and that I didn't have one, I had no idea what they were talking about...but I had one month left on my warranty and I explained that to them, they waited until the day after warranty was up to confess that they were absolute f!*king retards (two weeks to convince them that a PGA socket board doesn't come with a socket cover) and apologized to me for acting like idiots. However they denied my RMA for the fact that my board was out of warranty.

I remember a guy named brian, not sure about the others listed in the OP of this thread.

[Mad Pistol]

@CrazyNutz: So? What's your point? He got the same treatment as any other consumer that needed an RMA. The fact that he wasn't denied warranty service for having waterblocks is a miracle. He's treating this incident as if he got screwed over hard by the company, when in reality, he got the proper warranty service that he was entitled to. Yea, it didn't line up with his expectations, but sometimes life isn't fair.

So he sued them for doing what they were supposed to do? Again... the story is incredibly sensationalist, and I refuse to side with the OP on this issue. There are way to many variables that the OP could have handled better that would have prevented a civil suit. However, it wasn't about the money. It was about "sticking it to the man." That's the only reason he did it.

How do I know this? It's simple... his original post has a very y and sarcastic overtone to it. He pretends that he KNEW the outcome of it before it ever started, which means he wanted there to be a fight. Chalk up one for consumers exercising their right to a fair trial when their rights are violated by big corporations, right? Yea... that's exactly what happened... this thread is a joke.

The only reason he got that pathetic sum of money is because he found a tiny loophole in contractual wording and exploited it. Pretty sure XFX won't let that one happen again.

[masterg]

There is no loophole.

[masterg]

anything in a contract that gives a consumers any kind of legal right is a loophole to you?

[masterg]

i had an arctic cooler pro freezer on my 8800gt and they still RMA'd it when it died on me. and i only put back 4 of the screws

[NKrader]

anything in a contract that gives a consumers any kind of legal right is a loophole to you?

apparently,

The fact that he wasn't denied warranty service for having waterblocks is a miracle.

wasnt one of the reasons xfx talked themselves up was because they would rma card after removing stock block as long as you put it back before you rma'd?

one of the only good things about xfx was the crazy return policies they had. its not our fault they made statements they couldn't stand by. (i.e. the clause added later to allow trading for cheaper cards becuase they are as fast)

im sure a 2012 honda civic si is just as fast as a 67 cobra mustang, im sure you could trade those for each other in real life.

i had an arctic cooler pro freezer on my 8800gt and they still RMA'd it when it died on me. and i only put back 4 of the screws

i should rma this dead xfx 8600gt with the aftermarket fanless zalman heatsink, that i have had floating around my closet for forever and see what they give me LOL

[masterg]

i should rma this dead xfx 8600gt with no heatsink that i have had floating around my closet for forever and see what they give me LOL

i put back original HS but with only 4 screws

[thebanik]

No. I won't be doing the same thing. I will simply never buy a card from that company again and I will tell people about my experience. I have neither the time nor money nor patience to deal with something so frivolous.

All for $585 too. That wouldn't even pay for a month's rent when I was in college. That's utterly pathetic.

What is pathetic is your attitude, and its for people like you, XFX, ASUS always try to stick their customers in their asses......As a customer its not my duty to try and talk to the 'Right' people. Its the manufacturers duty to make sure all their reps are being helpful to ALL their customers.

[Mad Pistol]

What is pathetic is your attitude, and its for people like you, XFX, ASUS always try to stick their customers in their asses......As a customer its not my duty to try and talk to the 'Right' people. Its the manufacturers duty to make sure all their reps are being helpful to ALL their customers.

Seriously?

You guys really should read between the lines a little bit more.


Bait and Switch

Bait-and-switch is a form of fraud, most commonly used in retail sales but also applicable to other contexts. First, customers are "baited" by advertising for a product or service at a low price; second, the customers discover that the advertised good is not available and are "switched" to a costlier product.

I supposed the RMA is the advertising, and the card upgrade is the switch, right? Looks like he duped you guys.

The OP is ill-informed and wants a piece of that fame pie. This isn't about a company, their reps, and their policies. It's about one guy that wants a few minutes in the spotlight.

I guess it was too much to ask of you guys to see through what he actually did. Look at the situation, look at the way he worded his posts, and then take a look at XFX's warranty terms. Don't just glance at them. Read them. You might be surprised at what you find. I'll give you a hint: They're way better than almost any other video card distributor out there (sans eVGA maybe). He didn't get what he wanted probably because he was a jackass to the reps on the phone. Demands don't get you very far when you have to deal with real people. Asking politely and talking to the right people goes a lot further. Threatening litigation is a great way to get them to hang up on you (once you threaten legal measures, they're no longer obligated to entertain you.)

In the mean time, I'm dropping out of this thread because apparently no one gets it. Peace.

[Scubar]

There's the issue. He was never entitled to the same card. He was entitled to a card that performed the same or better, and since cards never perform exactly the same on a linear basis from generation to generation, they had to give him something better.

Did you read the exact words of the Warranty he quoted ? What he did was hold them to their legally binding warranty to repair or replace the faulty part (Not the entire card)

""XFX's liability under the Double Lifetime Protection is limited to the repair, or, at XFX's discretion, the replacement of the portion(s) of the Product that are found to be defective in material or workmanship."

[NKrader]

They're way better than almost any other video card distributor out there (sans eVGA maybe). He didn't get what he wanted probably because he was a jackass to the reps on the phone. Demands don't get you very far when you have to deal with real people. Asking politely and talking to the right people goes a lot further. Threatening litigation is a great way to get them to hang up on you (once you threaten legal measures, they're no longer obligated to entertain you.)

In the mean time, I'm dropping out of this thread because apparently no one gets it. Peace.

whoa they have such a good return policy,


but then dont follow thru with it.. that is pretty awesome.


they wrote the warranty, its not our fault they wrote it in such a way that they wouldnt want to follow thru. perhaps they should have just done what he wanted even if he was acting a fool. in customer service I deal with arse holes every day and i cant tell them to shove off, I have to put up with it and do what they want because if i don't i will get fired for being a jerk.

but alot of good it did them ignoring him when he threatens to sue.. he got exactly what he wanted.

[cowie]

Ok so if this guy did not sue just went telling his story around the comp site's you'd have fanboys come in and say he was a dic and that xfx was the greatest.
I think he did the right thing,all these part companys(evga xfx asus etc.) suck bigtime some just kiss you more when they screw you.
I could have gone legal on getting the $32.50 evga ripped me off but i'd rather just bad mouth them to rile up the fanboy suckers.

[GluteusMaximus]

For starters...

When I received the 260 in the mail, I contacted Brian at XFX and asked very politely if this was an error that they shipped to me the wrong product. Brian said it was not a mistake and when I told him that I had two 8800 Ultras in SLI with water cooling and that the 260 was incompatible, he insisted that it was their right to send me the 260 because I had signed the "RMA Agreement" form which serves to waive your rights to your original warranty and imposes new conditions upon your purchase...ie allows them to exchange your product with whatever they feel like. I told Brian that I didn't sign that form and asked to speak to a manager. I was then transferred to Ryan Dumas and was told that XFX had honored their warranty and "this matter is closed". I went round and round with their tech support via their support Ticket system where this is all still in text form on their website. That is how I remember the exact names of all those I spoke with.

I complained to the BBB and Ryan Dumas responded that they shipped the 260 to "avoid a lengthy turnaround" and he agreed to ship me the 8800 Ultra replacement. After he promised to honor the warranty terms, I contacted him by telephone and made arrangements to send the 260 back and get the 8800 Ultra. He told me it might be a month or so before they would have a 8800 and that I was to hold on to the 260 until they got a 8800 at which time they would send me a prepaid shipping label to recover the 260...then when they received the 260...they would ship me the 8800 Ultra.

I waited TWO months without any word from them regarding the 8800 then I contacted them to inquire as to when I should expect to get this taken care of. They then told me that they didn't know of any arrangements about the 8800 / 260 swap. I referred them to the BBB complaint where Ryan Dumas promised to send the 8800 and they still refused to acknowledge it even though it was a matter of public record with the BBB. I went round and round some more with their tech support using their Ticket system and then I contacted them by telephone and asked to speak to an officer of the company. The rep told me that their officers were in Hong Kong (referring to their parent company Pine Group). XFX is a subsidiary of Pine Group and not a division so their officers are NOT in Hong Kong, he just wanted to blow this off and get rid of me.

I mailed a letter with all these details to their registered agent (with the secretary of state) where all legal papers are sent and received a reply quoting their newly written warranty terms that state they can swap cards with different ones. I responded with a copy of the original warranty which applies to my purchase and has no such clause that allows a swap. Again, I was going to just eat this BS until I found that I could Appear By Telephone with the courts so I decided to go the distance and force XFX to adhere to their promises.

The rest is history.