CLASS ACTION AGAINST DELL FINANCIAL SERVICES
Suit Claims Dell Refused to Provide Credit to Individuals Based on Ethnic
Backgrounds
MIAMI - May 8, 2006 - Thomas K. Equels, Managing Shareholder of the Holtzman
Equels law firm, and attorney Benjamin R. Alvarez filed a class action on
behalf of Miami resident Juan C. Arteaga against Dell Financial Services,
LP. in United States District Court for the Southern District of Florida
(Case #06-21123). The complaint alleges the organization, a joint venture
between Dell Inc., the world's leading online computer systems company, and
CIT., violated the Equal Credit Opportunity Act by refusing to provide
credit to individuals based on their ethnic backgrounds.
"The exact number of people affected by these discriminatory practices are
unknown," said Equels, "but we believe there are thousands of victims who
simply don't know that they were denied credit based solely on their race or
ethnicity."
Arteaga, a Hispanic businessman and university professor, said he placed an
order and submitted a credit application to lease new computer equipment for
his new company (Global Institute of Higher Extension Studies, L.L.C.) in
November 2005.
The class action stated, "after Mr. Arteaga was approved, pursuant to Dell
Financial's instructions, Mr. Arteaga wire transferred $4,063.54 to Dell
Financial's Bank of America account as a down payment for the leased
computer equipment. Subsequently, Lynn Dickenson of Dell Financial confirmed
that she had received the application, that the down payment was applied and
that the order was being processed and would be ready soon."
According to the complaint, "On February 11, 2005, the day after Dell had
confirmed Global's credit application and had applied Mr. Arteaga's down
payment, Ms. Dickenson emailed Mrs. Castano at Global and informed her that
the credit application was being denied because 'our verification department
seems to think that Juan Carlos [Arteaga] can't speak English and a
non-English speaker can't personally guarantee an account for fear they may
not understand the terms and conditions of the lease.'"
"Mr. Arteaga made several attempts to obtain further explanation from Dell
Financial for its decision to deny him and Global credit but his requests
went unanswered," said Equels. "Even though Mr. Arteaga had exemplary
credit, Dell would not extend him credit because of his accent and ethnic
background. Dell's refusal to provide him credit is a clear and direct
violation of the Act."
Equels said the class action seeks punitive damages that the court will
determine based on the number of plaintiffs, the extent of their individual
claims and the degree of Dell's violations of the Act.
Holtzman Equels, a Florida law firm with offices in Miami, Orlando and
Tallahassee, Fla., represents clients in civil litigation, government
relations, appellate and personal injury matters. Please visit our website:
http://www.heqlaw.com