Xref: utzoo comp.sys.ibm.pc:11112 comp.lang.c:6913 misc.legal:3655
Path: utzoo!utgpu!water!watmath!clyde!burl!codas!killer!alleng
From: alleng@killer.UUCP (Allen Gwinn)
Newsgroups: comp.sys.ibm.pc,comp.lang.c,misc.legal
Subject: Re: MSC 5.0 Bugs, Microsoft ``support''
Summary: Yes... many avenues of relief.
Message-ID: <3164@killer.UUCP>
Date: 31 Jan 88 14:37:36 GMT
References: <248@pyuxf.UUCP>
Reply-To: allen@sulaco.UUCP (Allen Gwinn)
Distribution: na
Organization: The Unix(R) Connection BBS, Dallas, Tx
Lines: 32

In article <248@pyuxf.UUCP> robf2@pyuxf.UUCP (robert fair) writes:
>I recently bought the MSC 5.0 Optimizing Compiler on the strength of
>Microsoft's ads.... [explained that compiler was buggy, and he attempted
>to get Microsoft to fix the problems]...
>Their reply arrived today, in short they admitted the compiler was
>broke but they did not intend to fix it. Tough Shit.
>
>So here I am having spent several $000 on a compiler which does not
>perform as advertised and the manufacturer refuses to fix.
>
>Does anyone have any suggestions where to go from here ? 

Sure do!  There is a law in Texas called the Deceptive Trade Practices Act.
It allows the victim to recover thrice the damages plus $100 plus reasonable
attorney's fees and court costs.  I would suspect that most states had the
same laws.  A class action lawsuit sounds good, but you may have to
prove that everyone was damaged (I believe).  When you file the suit, this
forces the Defendant to release records showing who has purchased the
product.  Then you are required to write them a letter.  They are auto-
matically included in the lawsuit, unless they write a letter and speci-
fically request to be excluded.  Your lawyer can tell you more.

Try consulting the Federal Trade Commission (ATTN: The Secretary, Washington
D.C.).  If you bought the product from them through the mail, check with
the postal inspectors.

There are many avenues that you can pursue.  Be creative!  As for me, I
will note that down, and will keep it in mind the next time we have
need for a compiler.
-- 
        Allen Gwinn    / email: {ihnp4!decvax!killer}!sulaco!allen
                       \ USPS: P.O. Box 740444, Dallas, TX  75374-0444