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XFX loses lawsuit for bait n switch operation

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GluteusMaximus

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I sent a defective video card to XFX and they tried to send me back a different model. The warranty I had was the older warranty which didn't include the clause that states they could switch my card with a different one. XFX attempted to impose their newly written warranty upon my purchase and refused to ship to me the same card that I purchased. Long story short, I sued them. Yesterday 6/1/2012 I received a judgment against them in the amount of $585.00.

A special thanks goes out to Brian at XFX who stated they had the right to ship a different product because I signed the waiver they ask to be signed when you return a defective product (even though I didn't sign it), to Ryan Dumas who sent a different card to me and refused to send the correct one, to Erik who refused to issue a prepaid postage label to return their wrongfully shipped item, to Mark C. who said my lawsuit wasn't going to accomplish anything and a special thanks to Lloyd Lees, their marketing manager, who lacked the ability to provide a proper defense at trial.

I must say, I really enjoyed raking their ass across the coals for their bait n switch operation. I did this all at the Rancho Cucamonga small claims court from the convenience of my home while sitting in my underwear (appearance by telephone). It was a great pleasure to stick it to XFX after hearing all the crap they've been dealing out to the consumers they do business with and for all the crap they tried to pull on me.

I'm going to close this now. Not because the OP did anything wrong, but because the rest of you are being jackasses. The only thing leaving this thread open would accomplish is that a bunch of you would get vacations.
-ViRGE
 
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I sent them a 8800 ultra back in 2009 and they stuck me with a used 260. I was about to let it go until I discovered that the California Courts allowed an Appearance By Telephone. I filed the claim just before the Statute Of Limitations ran out (around February).
 
They gave you a free upgrade and yet you found some way to find a fault with it.

Then you don't post this in off topic where I could use some choice words to describe you.

Smooth dude, smooth.
 
Why would you complain about getting a 260 from an 8800?

I was pissed at them when my reference 5870 broke and they sent me that craptastic version that had a flimsy PCB and no adjustable voltage regulators and non case exhausting fan.
 
lol nice I didn't realize it was an upgrade, didn't see the 260 post. Oops. So you made an account here to gloat over nothing? Good job bro, now gtfo :thumbsup:
 
lavaheadache said:
Why would you complain about getting a 260 from an 8800?

I was pissed at them when my reference 5870 broke and they sent me that craptastic version that had a flimsy PCB and no adjustable voltage regulators and non case exhausting fan.
Click to expand...

OP obviously wanted the $585 more than a used GTX 260 worth much less than $585.

Is it any wonder why XFX and EVGA have moved away from double-lifetime and lifetime warranties?
 
blastingcap said:
OP obviously wanted the $585 more than a used GTX 260 worth much less than $585.

Is it any wonder why XFX and EVGA have moved away from double-lifetime and lifetime warranties?
Click to expand...

And this lifetime warranty and people like the OP is why BFG went out of business
 
Whats even more funny is that he RMA'ed the card in 2009 and now decides to due a small claim in 2012.

LOL. I wonder how many customers like this are around? No wonder lifetime warranties are gone with entitled people like this.
 
OP you need to be more flexible. If your card is out of production it's not reasonable to expect an exact replacement. I know quite a bit about the law and the foundation of our legal system is based on the notion of people acting in a "reasonable" way.

I'm always thankful to get a working product out of the RMA process.
 
Id rather an 8800 ultra over a 260. Ultra was a 500 dollar card when brand new. If you're going to send me a replacement a 295 would be nice.
 
Don Karnage said:
Id rather an 8800 ultra over a 260. Ultra was a 500 dollar card when brand new. If you're going to send me a replacement a 295 would be nice.
Click to expand...

He waited 3 years to do anything about it. He should be thankful the judge gave it to him. Probably too broke to buy a new card and tried his luck with this. Grats, bro. Hope you're waiting 3 years to receive your money too 🙄
 
I remember reading posts about how people who RMAed old XFX cards sometimes got upgrades and they were always happy with this. You are the opposite of humankind.
 
You RMA'd an 8800U, got back a faster card, and then complained about it? I'm at a complete loss for words; my brain hurts.😱
 
wow..

I had an 6800gt xfx card, I had an issue with my computer RMAed it and got back a 7600gt, yea it was a cheaper card but it was better an ran far cooler, I could not complain at all. The xfx 7600gt is still in use today.
 
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