CLEARly a Bad Experience, Stay Away from CLEARWIRE
KIRKLAND, WASHINGTON -- Facts:
I was shopping for broadband service, visited several locations, spoke with different companies, and after careful consideration and internet research decided to go with Clear.
10/08/2010: After a second visit, kiosk location, I made a purchase of a broadband device Clear 4G Mobile USB order #3010063 based on rep's recommendation as a result of search based on my home address as well as an explanation of my needs for on the go access. I went home and had no access at all, no connection was found from any part of the house, my parking lot or even my development. As the chat with a Clear Rep. confirms, there is no service in my area.
Here, based on his recommendation, an express warranty was created, as a purchaser, I do have a direct action against the seller. The warranty was breached, the product is not as represented. Therefore, I will be filing a suit on the theory of breach of implied.
10/09/2010: at approximately 11:15 AM I returned to the location of purchase, to return the device and get my money back. I was told that I could return within 14 days, here, it was less than 24 hours later. I need the access for Tuesday, for class, so by returning it promptly, I would have a chance to make a purchase with another company, however, I do need those funds back to make yet another purchase. There was someone else at the location; and after I explained to him that I could not get a connection with the device that I was sold, he quickly responded that I had the wrong device, that I needed something different; he said that he could not help me, give me my money back.
I said that my purchase was made based on recommendation. He was angry. He said I was being mean because he is Black, not true. He said he was going to call security, there were cameras everywhere and that everyone knows him because he is a nice guy; irrelevant. He was angry. I was mistreated. He told me to leave the kiosk because I was making a scene. I was afraid he was going to hit me, he was angry, his eye contact intense and speaking/ yelling at me. He caused me apprehension. Here, all the facts lead me to the intentional tort of assault, I am able to establish the prima facie case successfully, therefore, I will be filling a claim for assault.
In addition, I was an invitee at the location, someone at the location for the purposes of a business transaction; and there is a duty owned to me for a safe environment where a reasonable person would expect to come in and be treated with decency. Therefore, I will be filling a suit on the grounds of negligence.
After chatting at the company website, I was also told that I was sold the wrong device, I was told that she could not do anything for me.
I am out of the money, I have no service, since I am out of the money, I am unable to shop elsewhere until I have the money back.
The cost of the device is the equivalent of roughly 5.5 hrs of retail work before taxes.
10/11 Called the company again, and after a very frustrating conversation, I was told that she was going to send me an UPS return label, she could not return my money, I explained my urgency, the fact that I got screwed, I would expect them to handle it properly, and return my money, so I could go elsewhere... no that didn't happen. I was told it would be an overnight return label, and that a return would take about 3 -
5 business days... it was a ground UPS return label... today is 10/15... no money.
CLEARLY A SCAM. CLEARLY DOES NOT DESERVE TO BE IN BUSINESS AND HURT PEOPLE LIKE THAT. I PAID FOR SERVICE AND NOT TO BE ASSAULTED.
PLEASE DO NOT GIVE YOUR HARD EARNED DOLLARS TO A COMPANY THAT DOES NOT CARE ABOUT YOUR NEEDS AT ALL. I DON'T EXPECT A BUSINESS TO CARE ABOUT ME AS A PERSON, I DO KNOW THEY CARE ABOUT MY MONEY, SO FROM THE CUSTOMER STAND POINT, DO THE RIGHT THING. THEY CLEARLY HAVE NO F IDEA.