Do We Need a Computer Lemon Law?

It seems to me I’m hearing more computer support horror stories of the type I reported last time than ever. No doubt there are many factors causing this – commodity pricing of PCs, offshoring of frontline support, etc. But the question it raises is whether we need some kind of computer lemon law.

This is not a rhetorical question, because I’m by no means sure of the answer. The issue has come up for discussion here before, and it’s pretty clear that just substituting the word “computer” for “automobile” in the car lemon laws isn’t going to cut it. The state lemon laws vary, but the basic formula is that the manufacturer gets a certain number of opportunities to fix a defective car before being required to give customers their money back. While that seems like a good model to apply to PCs that keep getting sent in for repair without ever getting fixed, there are some complications.

One is software. After all, if it’s a really a software defect, holding the hardware vendor responsible is a bit problematic. Of course, computer manufacturers are all too quick to blame all support issues on software and throw up their hands, but nonetheless software problems often are the root cause of a computer that’s gone bad. In theory, the manufacturers should still be responsible for buggy software they installed on the computer, but with Microsoft constantly releasing bug fixes the customer may or may not have downloaded, the lines of responsibility grow fuzzy rather quickly.

Which brings up the other great complication — whatever the user might have done with the computer that was out of the manufacturer’s control. A spyware infestation can make the user think there’s a hardware problem, or the defect may lie with a peripheral the customer added to the system. And then there’s actual physical abuse from a spilled cup of coffee or whatever.

On the other hand, what if what wasn’t the user, but one of the manufacturer’s repair staff, that spilled that cup of coffee? The common theme in many of these computer support horror stories is that the system keeps coming back from the repair depot in worse shape than when it was sent in. For users to prove it wasn’t their fault in such cases could be very difficult. And yet how can a computer lemon law work if both sides can claim, and maybe sincerely believe, that it was the other’s fault?

So we’re left with our question, but let me revise it a bit. Yes, we definitely need a computer lemon law, but how do we devise one that’s effective and fair to both sides? Let’s hear your thoughts. Post your comments on my website, phone the Gripe Line voice mail at 1 888 875-7916, or write me at Foster@gripe2ed.com.

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