Feeds

Dealers sue Amiga over deceptive trade practices, fraud

Amiga shipped used part-ridden machines as new, dealers allege

  • alert
  • submit to reddit

High performance access to file storage

Hell hath no fury than an Amiga dealer scorned, it seems. A whole bunch of 'em, under the banner of the Amiga Dealers' Association (ADA), are suing Amiga, inc. and its parent, Gateway, for breach of promise. The class action suit aims to get the two companies to cough up $3 million -- which, we suspect, is rather more than any of the dealers concerned had a chance of making from Amiga-related sales, but there you go. The suit alleges Amiga and Gateway infringed the US' Deceptive Trade Practices Act, plus statutes on consumer fraud and deceptive advertising. The suit centres on allegations that Amiga sold machines constructed from spare parts taken from old or returned Amiga as new. The dealers -- philanthropic bunch that they are -- want the damages "for the purpose of reimbursing anyone who had to make out-of-warranty repairs due to a previously used part being included in an Amiga computer sold as new". Now this is quite a canny move. Since the repairs were, by ADA's admission, out of warranty, users will have paid the dealers for parts and labour. So if the case is judged in ADA's favour, presumably the users will be refunded, the dealers will keep the money they charged for repairs (there's nothing in the suit to suggest they have already, voluntarily refunded their customers), so everyone wins except Amiga. It's also noteworthy that there's no provision for actually telling such customers they're due a refund (if the case goes to ADA) -- instead, aggrieved users must make themselves known before a preliminary hearing next February to become part of the class action. Any unclaimed refunds will apparently be used to give computers to "public schools or charitable organisations". We'd like to suggest they consider providing a stack of low-end iMacs, which we're sure would go down very nicely. But is there merit in the case? Certainly, chucking out machines containing spare parts as new can't be considered an honourable business practice, but since an Amiga hasn't rolled off the production line for the best part of five years, anyone buying a machine in that period, particularly since the Amiga business is hardly what you'd call a mass market, should perhaps have understood that the computer they were receiving had, at the very least, been sitting in a dusty warehouse for some time. Still, as ADA's suit points out, there's nothing on Amiga's Web sites to suggest that Amigas are out of production or that sales are limited to available stocks and may contain used parts. Of course, proving that Amiga has a policy of shipping machines build out of spares is another matter. Of course, Amiga doesn't deny on its Web site that it works this way, as ADA says it doesn't, but then why would it? It's not hard to find one-off cases of computers from any vendor coming back from repair with used parts installed, but showing that this is both widespread and not performed by the dealer can be tricky. We await Amiga's response with interest. ®

High performance access to file storage

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.