If I buy a product and it doesn't function properly should I pursue a small claims suit against the company
Baltimore, MD
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Posted 10 months ago in Litigation
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I purchased a GPS and it instructs me to turn L in advance to an actual R turn. This has happened on several occasions, but not every time. I have sent the unit for repair and was returned to me as operating properly.The manufacturer states that the problem is due to outdated maps and wants me to buy an update for $80 or purchase a new unit. for $250 My GPS has done this since purchased and I feel that I should NOT be charged for the "repair". I have filed a complaint with the BBB but the manufacturer insists that they're not responsible. I would understand if the malfunction was a result of driving in a new housing developement where the roads are new and not yet documented but it occurred in the heart of Phila., where the roads have been present for decades.
Here is the complaint filed with the BBB...I contacted customer support to inquire about this problem and was instructed to install a Firmware upgrade to version 2.18. I did correctly and successfully install the 2.18 upgrade to my Maestro 3100 GPS. After the upgrade, while traveling in a different city in a different state the unit AGAIN alerted me to an approaching LEFT turn. Upon arriving at the intersection it was actually a RIGHT turn that I should make. This happened on at least two occasions on this particular night, first, forcing me onto a highway (you CANNOT turn Right from the 3rd or 4th LEFT lane) and secondly, into a not-so-good neighborhood. I then contacted Magellan service, explained the problem and was told to send the unit for repair. I was pessimistic about the service dept. "finding" a defect from the tests being done on a workbench and not actually using the unit. As anticipated, the unit was returned to me as "No problem" found BUT still it mis-directs me. I called to speak to a customer service manager to resolve the issue. After 45 minutes on the phone I did speak to a manager. I was told that the unit is functioning properly BUT the there is apparently an issue with the maps that are supplied to Magellan. If there is a firmware release to fix the problem it will appear on their website. To this date there is NOT a fix for the GPS unit/maps. I have researched this particular model and have found that I am NOT the only person to have this situation occur. How might I resolve this...............?? - Is this your question? Add additional information Answers (1)Michael Hassen
This attorney is licensed in California.
Posted 9 months ago.
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I recommend contacting the store where you bought it and seeing if it can help. The unit might have been on sale precisely because the maps are outdated and it would cost the consumer money to update them. It is possible that the unit is defective, and it is possible that you are having trouble in areas where construction has been performed (that is, roads altered) after the last maps were prepared by the GPS. (I have a unit that shows me driving in a bay because the bridge was built after the maps were created.) If you believe you have tried everything, small claims court is certainly an option (provided the statute of limitations has not run), but GPS units are not perfect and there is no guarantee that you would win.
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