N.M. Attorney General Wants Court To Reconsider Dell Case
Associated Press
SANTA FE — The New Mexico attorney general's office has thrown its support behind a man who is suing Dell Computer Corp. for selling him a computer that didn't have as much storage capacity as the company had claimed.
The attorney generals office announced Thursday that it has filed a brief with the state Supreme Court in the case of Robert Fiser, who filed a class action lawsuit against the Texas-based company in 2004.
Fiser accused Dell of violating parts of the New Mexico Unfair Practices Act and the New Mexico Uniform Commercial Code. He also states claims for breach of contract, misrepresentation and violations of the covenants of good faith and fair dealing.
Attorney General Gary King said part of his job is to protect New Mexicans from unfair and deceptive trade practices.
"More and more purchases are being made online,'' King said. "We want to make sure that consumers are clearly and fairly informed about what policies and terms they agree to when they order a product over the Internet.''
King's office is asking the high court to overturn a decision by the state Court of Appeals that upheld Dell's contention that Fiser was bound by an arbitration provision displayed on the back of a packing slip attached to the computer's shipping box.
King said the appellate court wrongly determined that Texas law, not New Mexico law, should apply to the case.
"When New Mexico consumers enter into contracts with out-of-state merchants, particularly adhesion contracts such as the one at issue in this case, they deserve the protection of New Mexico law,'' King said in the brief.
He also said the court erred by holding that the arbitration provision was not procedurally unconscionable and that the plaintiff was precluded from filing a class action lawsuit.
"All of these holdings have significant, potential consequences for New Mexico consumers,'' the brief states.
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