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Consumer Alert

A GM bankruptcy could curb any credit card incentives

By Mitch Lipka
Globe Correspondent / May 10, 2009
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Q. I have a GM credit card and have earned $3,500 toward the purchase of a new GM car.

If GM goes bankrupt before I buy another car, will I lose the $3,500?

Arlene Cox, North Andover

A. I left it to General Motors Corp. to provide an answer. In short, the situation seems dicey, and more information was promised later - when it might be too late.

"GM continues to maintain that restructuring our business out of court is the best alternative for the company and provides the most predictable outcome for all stakeholders," spokeswoman Kelly Cusinato said. "However, if GM is not able to complete the actions required, it will have no other alternative than to pursue an in-court reorganization.

"Unfortunately, if GM were to file for bankruptcy, the answer to your question would depend upon a variety of factors which are not known at this time."

I purchased a Dell laptop in November 2007 for my nephew. I received an e-mail from Dell indicating that my Dell account would be billed for McAfee security on the laptop unless I replied and declined less than a week later.

Because of a health problem, I spent most of March in my local emergency room or flat on my back. When I was well enough to sit at my computer (about a week later), I discovered the e-mail and immediately contacted Dell. While they verbally agreed to waive the fee, I just received a bill for a year of McAfee.

Q. Can Dell obligate me to pay for services by sending me an unsolicited e-mail and specifying that I will be deemed to have accepted their "bill" if I fail to respond within five days?

Tom Moran, Newburyport

A. You appeared to have been confronted with a so-called negative option. That is, if you don't decline something, you're essentially giving your approval.

Upon review by Dell, they said that someone ordered the software and then gave you an opportunity to decide whether you wanted to keep it. It is now clear that someone else, possibly your nephew, ordered it.

"As with any software purchase, there is a return period; however, once outside the return period, a customer will be denied the option to return," Dell spokeswoman Jennifer Allison said. "Based on Mr. Moran's explanation that he was in the hospital during the trial period, Dell made an exception for him and canceled the order."

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