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I contacted Dell Corp. for technical service on my PC. The…

Customer Question
I contacted Dell Corp. for...
I contacted Dell Corp. for technical service on my PC. The technician did a screen sharing session and corrected the issue. He called several times afterwards to verify if all issues were resolved & explained he was having financial problems & asked to borrow $500.00. He reassured me he would continue to check-up & fix any problems I might have with my computer. As a senior citizen, not being computer knowledgeable, I agreed to lend him the monies. I have a transaction receipt confirming the monies were signed for & picked up by him in the Philippine's. I've been unable to contact him & sent a correspondence to Dell Corp. seeking help & restitution. They acknowledged his employment, however, they failed to make good on the monies I lent him.
What recourse do I have? Thank you.
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 8 minutes by:
6/11/2010
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,842
Experience: Attorney experienced in commercial litigation.
Verified
First, it is likely against Dell's policy for its employees to solicit customers for money and the fact the employee did this on Dell's time while assisting you with a computer problem for Dell would in all likelihood give rise to liability on behalf of Dell under the theory of "respondeat superior." However the problem is that the person asked you for a loan, so this would arguably be a personal agreement between you and the person and outside of the scope of his work at Dell and this will be Dell's argument. I am afraid to tell you that really your only recourse here would be a complaint in writing to Dell and file a complaint with your state attorney general's office consumer protection unit and the Better Business Bureau for taking financial advantage of a senior citizens, but other than that I am afraid if they cannot help there is not going to be any recourse you have.

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Customer reply replied 8 years ago
The fact that the technician called several times, obtaining my phone number from my Dell transcripit record, have any effect on the situation?
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Yes, it could have an effect on the situation, especially since Dell would not want this to become public and if you sue it would become public, but legally the fact the employee asked for a loan and did not seek to charge you falsely for a service would hurt your case. It is not as open and shut against the employer as one would like it to be.
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