Warrant expired on TV, but same issue exists..

[TanTy4000]

We purchased a 42" Plasma TV from Phillips a couple years back for roughly $1300. Within the first couple months (well within the one-year warranty) we experienced problems with the TV (red flag!). We did all of the troubleshooting with Phillips and even sent the TV to their repair shop for 4-6 weeks. Since the issue was so sporadic, the repair shop could not repeat the problem so we brought the TV home. In the beginning the issue was an annoyance (it turns on/off without notice). However, now the TV turns on/off after 5 minutes, but will no longer turns back on.

Shortly after the year warranty expired, we experienced the exact same issues. After mulitple calls to Phillips, they will not provide any support or repairs for the TV. We documented each of the case numbers when contacting support within the first year (and after). Since this is the same issue that the TV had since we bought it, are they obligated in any way?

We were quoted with an $800 repair cost -- at our expense. However, it seems to me they are still responsible since this is a 'continuing issue' that was never fixed. I've already started my Dispute Letter. If that doesn't help we will be taking this to Small Claims. Do we have a leg to stand on here or am I wasting my time? Any professional legal advice is welcomed.

 

[Michael Wechsler]

I'd say you're doing well although I have one caveat. Most small claims court limit you to suing a defendant located in the county of the court. Does Philips have a local address?

Assuming you can get over that hurdle, I can't imagine Phillips won't want to settle it with you since it wouldn't be worth the time and you're a consumer who is taking it to court - not the usual. Considering that you already brought it into the service center for the problem, you have a good case to make. Definitely provide proof that you brought it into the service center and of any communications with them that might assist you in proving that the problem existed and you made the requisite efforts to remedy.

In many of these large companies they have PR departments that handle angry consumers like yourself. Some of them are boxes at the corporate headquarters. You might want to send a last letter there if you can find such a recipient and see what happens. Mention that you will be filing a case imminently.

Best of luck and let us know how this turns out!