+Filibogado Posted July 3, 2009 Share Posted July 3, 2009 I received a Garmin 76CSX from Amazon that I had ordered as a brand new item, only to find out that it was already registered to a previous owner. This is actionable misrepresentation, legally similar to the case of the BMW buyer who won $3 million in damages for receiving a supposedly brand new BMW only to find out it had been scratched and repainted, then passed off as brand new. My 76CSX is also scratched and the manuals came in a sandwich bag. But rather than sue, I will be satisfied if the unit is replaced with a brand new Garmin 60CSX which is of equivalent value, since I no longer trust the 76CSX. I want to deal directly with Garmin because Amazon simply wants to refund my money but will not address the issue of damages I suffered. I also ordered the Forarm case which I can no longer use, and I paid a high shipping cost for it. I believe that my request is fair and reasonable. The question is: what is the best way to get Garmin's attention and resolve this issue in my favor? Do they monitor this forum? Should I write the VA Attorney General's office? Do they have a hotline for customer complaints? Has anyone suffered the same fate? Should I sue them? BTW, I know we are not popular folks, but I am a lawyer, and this kind of shenanigan makes me mad. Sorry. Link to comment
jholly Posted July 3, 2009 Share Posted July 3, 2009 First off posting the same issue in multiple forums is considered rude and bad form. Should we sue for the damages? Your a lawyer and lawyers sue. So go sue. I'm not a lawyer, I would be happy with my money back. Geez, some people. Link to comment
robertlipe Posted July 3, 2009 Share Posted July 3, 2009 If you didn't get what you were promised, their offer to simply refund your money (minus, ahem, "damages you suffered") seems reasonable to me. Mistakes happen and offering to fix them is the right thing to do. Good luck getting the maker to intervene in a deal between a dealer (don't think Amazon is a Garmin certified reseller) and you. This would be like me expecting Honda to compensate me for "damages I suffered" because I found donut sprinkles in the carpet of my new car. It's possible that it left the assembly line that way, but that's really between me and my dealer. If you're a lawyer, you presumably know what your options are. Link to comment
+JBnW Posted July 4, 2009 Share Posted July 4, 2009 First, your issue is with Amazon and/or the entity selling through Amazon; not with Garmin. Second, you want a 60CSx because you no longer trust the 76 CSX??? You are aware that these are functionally the same GPSr?? Finally, I'd suggest getting assistance with representing your case. You know the old saying about those who represent themselves in legal matters?? Link to comment
Baumer Posted July 4, 2009 Share Posted July 4, 2009 damages, schmages You suffered nothing. Link to comment
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