<![CDATA[Consumerist: subpoenas]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: subpoenas]]> http://consumerist.com/tag/subpoenas http://consumerist.com/tag/subpoenas <![CDATA[ It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu ]]> wamucolumns.jpgWashington Mutual will give you a copy of the check that you've been requesting for a year, but first you will need to subpoena them twice and attempt to have them held in contempt of court. That's what one reader experienced when her employer, a law firm, needed a document from the megabank. As she puts it: "If a law firm with the power of a subpoena behind them can't get WaMu to cough up a document in a timely manner without a massive amount of headache, I'd hate to see what the average consumer has to deal with."

Our reader writes:

I work for a law firm and recently we had about a year long go around with Washington Mutual.

One of our clients needed proof of a substantial loan they had made (>$30k) via cashier's check, but could no longer find their slip stub as the loan had been made a few years earlier. She called and wrote to WaMu requesting a copy of the cashed cashier's check for proof that the loan had been made. They sent her a letter saying that the cashier's check would be sent under separate cover in 15 days. A month later, no copy.

We then sent a request on our letterhead requesting a copy (with a signed permission from the client allowing us access to the document). We received a similar letter stating we would receive a copy of the document in 15 days. Again, three weeks later (to allow for possible mail time), no check was received. We sent three separate requests, all of which were responded to with the same form letter stating 15 days, but no copy of the document ever appeared.

Finally, we resorted to subpoenaing WaMu to produce the document. We went around and around with them attempting to get a copy of the document with WaMu admitting that they couldn't find it and that all traces of the loan were gone. Later, they produced an electronic print out showing the deduction from our client's account, but not to whom the money was paid. We needed a copy of the document that reflected who had been paid. After many, many phone calls, mostly from their subpoena intake group attempting to get out of having to send someone to personally appear in court (one of which showed up at the courthouse on a trial date WITHOUT the document) and WaMu insisting the entire time that they did not have a copy of the document, a SECOND subpoena, AND threats to hold them in contempt of court, they coughed up a copy of the document.

If a law firm with the power of a subpoena behind them can't get WaMu to cough up a document in a timely manner without a massive amount of headache, I'd hate to see what the average consumer has to deal with. I'll be sticking with my credit union.

The subpoena is certainly a powerful alternative to the EECB, but for those of you who don't have easy access to an attorney, here's some executive contact information, and here's some more.

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Thu, 24 Apr 2008 09:00:00 EDT Alex Chasick http://consumerist.com/index.php?op=postcommentfeed&postId=383421&view=rss&microfeed=true
<![CDATA[ Carey will be on the FOX Business Network, ... ]]> Carey will be on the FOX Business Network, discussing our reader's fabled dusty PS3, this Friday morning at 7:45 AM.

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Thu, 15 Nov 2007 16:39:43 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=323382&view=rss&microfeed=true
<![CDATA[ Is This Playstation 3 Too Dusty To Be Repaired Under Warranty? ]]> We now have pictures of the Playstation 3 that Sony refused to repair under warranty because the unit was too dusty. Sony originally claimed that the pictures would not be released without a subpoena, and that the dust presented a threat to their technician's health that could only be alleviated if our tipster paid $150. After our posts, Sony abruptly reversed course and released the pictures to our tipster. Sony's letter, the pictures, and our poll, after the jump.
Thank you for contacting us regarding our Warranty policy as it pertains to the condition of your PLAYSTATION 3 console.

After consultation with legal counsel, SCEA has determined that the photographs of your console as returned to our service center are neither confidential nor private. Consequently, we may lawfully release these photographs to you. Because the photographs are not confidential, we may also release them to media who inquire about your recent internet postings concerning the console.

Regards,


Cindie Smith
Sr. Manager Technical Support, eService & Security
Sony Computer Entertainment America
Consumer Services Department

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PREVIOUSLY: Sony CSR: What? No! Dust Doesn't Void Your PS3 Warranty!
Dust Voids PS3 Warranty

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Wed, 14 Nov 2007 18:20:20 EST Carey http://consumerist.com/index.php?op=postcommentfeed&postId=322858&view=rss&microfeed=true
<![CDATA[ FOX Business Network picks up our Sony PS3 ... ]]> FOX Business Network picks up our Sony PS3 "excessive dust voids your warranty" story [FOX Business Network]

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Wed, 14 Nov 2007 13:29:25 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=322696&view=rss&microfeed=true
<![CDATA[ Sony CSR: What? No! Dust Doesn't Void Your PS3 Warranty! ]]> A Sony CSR admitted to reader Ive that dust should not void a Playstation 3's warranty. Transcript and audio, after the jump.

Ive: I'm calling just to pretty much clarify the PS3's warranty, if there's any clause in the warranty that makes it so that if the PS3 is too dusty that the warranty is void.

CSR: No.

Ive: No?

CSR: No. The only way that it, um, voided is if it was neglected, um, abused, dropped or anything like, modificated like if you opened it up, modification, if you didn't have your receipt, um, any power failures like mother nature or anything like that then that actually does void the warranty. Other than that any defective PS3s or anything like that is still, um, still under the warranty.

Ive spoke to several CSRs, each of whom took a similar position until they read the account notes. Apparently, a tech determined that the fearsome dust constituted neglect and presented a threat to his health.

To his credit, the CSR handled a ridiculous situation fairly well.

Notice how Ive uses Ron Burley's trick to stay out of trouble for recording the call. If Sony wants this to end well, they should reach out to Ive, apologize, and offer to repair his dusty PS3 for free.

PREVIOUSLY: Dust Voids PS3 Warranty
(Photo: lunarworks)

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Sun, 11 Nov 2007 09:42:30 EST Carey http://consumerist.com/index.php?op=postcommentfeed&postId=321288&view=rss&microfeed=true
<![CDATA[ Dust Voids PS3 Warranty ]]> "I just got off the phone With PS3 customer support who kindly informed me that my PS3 is "too dusty" to be replaced under warranty. But won't provide pictures unless they are subpoenaed."

I have kept my 60gb PS3 in Its entertainment center since its purchase. It is known within the PS3 community that the thing is a HUGE dust magnet. I took good care of it, I have about 10 Blu-ray discs (did NOT come free with my PS3), 5 games, 5 controllers, 2 42" Bravia LCD's 1 50" Bravia 3lcd Rear projection TV, A Vaio desktop, Vaio laptop, I've even got a psp and location free TV. One day I turn it on and put in a disc and it doesn't show up, then it wont eject, finally I get it to eject and I try a blu-ray, nothing, CDs, nothing.

I call Customer support who originally tell me that they can do anything because I don't have the original sales receipt, (it was a GIFT!!!), I stayed on the phone for hours explaining to them that I don't have thee receipt as it was a gift from my parents. Finally I got a rep who said that it was strange that earlier reps hadn't let me go through with the exchange as if it was a gift it was policy not to require a receipt. He sent me a box, I boxed up my console and sent it in.

5 days later I have no updates on the PS3, I call in to check on it, The first rep I speak to says that it was received without a receipt, and was delayed but he was going to note that it was a gift and get the replacement sent out to me.

6 hours later I get a call from Neil saying that unfortunately they have opened the case and taken pictures of the inside and outside of the case and that it was too dirty to be eligible for replacement. I paused for a good 8 seconds, because my PS3 had not moved from the entertainment center that it sat in more than 8 months I had wiped it off before sending it out, THE WHOLE POINT of the PS3 Is that it is part of your entertainment center! I Told him that was crazy and that it was a known problem that the PS3 collected mass loads of dust. That their product hasn't even been out for 1 year and he's telling me I'm out of warranty because there is too much dust in it!? I told him that someone needed to double check because I really took care of my PS3 and there was no way it was so dirty that they wouldn't replace it. He said he would and he would find out about getting pictures.

The next day I got a call from the same guy, Saying he couldn't get pictures, and there was no way they could replace the console unless I paid 150$ out-of-warranty replacement fee. I dais I needed to speak to his supervisor and it took him a while but he eventually transferred me to yet another person who just told me from the pictures they saw of the outside of the PS3, the memory ports and the USB ports, that there was dust inside of these ports, and that there was no way they would replace such a dusty console.

I then asked for HER supervisor, who was a very rude woman named Daria Woo Ext # 55682. She basically told me if I wanted the pictures of the PS3 That they were property of SCEA, And that I would have to SUBPOENA the pictures! I told her that this was ridiculous! That in order to take the same pictures that they did I would have to open my case, and void my warranty! I asked her if I could record what she was saying and she immediately snapped a NO, And asked for what purpose, I told her it was so I could educate the entire world on the ethics of the PS3 repair center. She told me my only options were to have the PS3 sent back, pay 150$ for a replacement, or leave it there for 10 days until it gets sent back. I told her to leave it because I was going to write a few emails so that this situation could actually get resolved. She told me any email I wrote or number I called would get me transferred to her department and that she would not help. I asked her exactly what part of the warranty stated that if a unit is too dusty it cannot be replaced.

She told me that it was under "acts of god, customer abuse" section when I had clearly told her that it sat in my entertainment center acting as a blu-ray playing, folding@home computing, media center and that obviously the amount of dust inside the console is caused by a design flaw and not my quite dust-less room.

I don't get it! Sony is including Folding@home with their consoles, The auto-start feature makes it so its running almost all the time, OF COURSE ITS GOING TO BE FILLED WITH DUST! A few reps said that the reason they couldn't replace it was because it looked as if it had about 2 years worth of dust in it rather than 8 months..... The console hasn't even been out a year so obviously that is less than a years worth of dust.

I love the PS3, I'm a Sony fanboy, I have a copy of Heavenly Sword Un-Played because I'm waiting for the replacement to come back, For them to say they wont replace it because it is such a damn dust magnet is absolutely ridiculous. IM NOT paying 150$ for someone to use an air compressor to dust off my PS3 re-test it and send it back. MAYBE Sony should let their customers know that excessive dust voids the warranty, so that people can start selling air filter set's for it, and air-sealed boxes for the PS3 to sit in.

Warranty-voiding clumps of dust shouldn't constitute normal wear and tear, and certainly wouldn't rank high on the list of awe-inspiring acts of God. Tell us wise commenters, what should reader Ive do with his divinely dusty PS3? Pay Sony $150? Maybe smash the dust out? Share your advice in the comments.

(Photo: lunarworks)

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Sat, 10 Nov 2007 09:11:58 EST Carey http://consumerist.com/index.php?op=postcommentfeed&postId=321226&view=rss&microfeed=true