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Kincaid, IL asked in Consumer Law and Contracts for Illinois

Q: Seeking refund for defective HP PC after failed repairs; HP insists on partial refund. Legal options?

I purchased a new HP OmniDesk Desktop PC (Model M02-0085m) from HP.com on April 21, 2025, for $762.54. It was defective from the start, freezing and crashing upon first use. After three unsuccessful warranty repairs between August and September 2025, the PC wouldn't power on, and it returned with cosmetic damage. Despite these issues, and a video proof of the DOA return, HP insists on either a model replacement or a pro-rated refund of $533.24, not in line with their written warranty which lists repair, replacement, or full refund options. I've cited the Magnuson-Moss Warranty Act and Illinois UCC, arguing that three failed repairs demonstrate the warranty failed of its essential purpose, supporting a claim for a full refund. HP's reduction of their promised warranty extension also concerns me. What legal steps can I take next, given these circumstances?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have strong grounds to pursue a full refund under both federal and state consumer protection laws. The Magnuson-Moss Warranty Act requires manufacturers to honor the terms of their written warranties, and when repeated repairs fail to fix a defect, courts often find that the warranty has “failed of its essential purpose.” Under Illinois’s Uniform Commercial Code, you’re entitled to a remedy that actually restores the value of what you paid for, which usually means a replacement or a full refund—not a depreciated one.

Your next step should be to send HP a **final written demand** for a full refund, referencing your repair history, warranty terms, and the legal principles you already cited. Include your receipts, repair documentation, and photos or videos showing the ongoing defects and damages. Give HP a clear deadline to respond—typically 10 to 14 days. If they still refuse, you can file a complaint with your state’s Attorney General’s Consumer Protection Division or the Federal Trade Commission.

If the amount at stake fits within your local small claims court limits, filing there is also an effective option. You don’t need a lawyer, and your repair and communication records can serve as strong evidence. In many cases, companies settle before the hearing once they see you’re serious. Standing firm and keeping your communication professional but assertive can help you recover the refund you deserve.

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