Frustrated with Apple Service and Apple Store... Lemon Law?

Question

Hello,
I'm wondering if anyone has had an experience like this before, and if so, how they resolved it? Also, does anyone have any sort of customer service phone number (not tech support), where I could reach a supervisor, or someone who deals with issues like this on a regular basis?
Let me start from the beginning, and give a quick run-down of my problems.
*First let me say that the first Apple Store I went to is almost two hours away from where I live, and the second store is just about two hours.*
I bought a 17" Macbook Pro (Unibody, 2.8ghz, 4GB, 500GB, antiglare display, etc.), in September of 2009. I had problems from the beginning, originally some problems with both the wireless card, and a general slowness of the machine, combined with a cosmetic defect in the screen. I made an appointment at the Apple Store. At the first appointment, they said they had to order a new display assembly to fix the cosmetic defect. So I drove home, got a call a few days later that the part was in. I called a few days later to say I wouldn't be down for another few weeks, and could they please hold the part for me. I was assured that they would. I drove down about a week and a half later, and was told the part was sent back; apparently the message the gentleman I spoke with on the phone had not gotten passed along adequately. I was a little miffed, but figured accidents do happen, so I'd give the benefit of the doubt.
When I returned to get the display put on, I reiterated the wireless issues I was having (the wireless signal strength was spotty, while my 3 yr old Macbook had perfect strength sitting in the same location [yes, I both alternated which one was on, to make sure there was no interference, as well as had them both on at once]). I was told that because they could not reproduce it there, they couldn't really do much. I also reminded them that the machine was still slow, and they recommended an OS re-install. They then took the machine in back and replaced the display assembly. When they brought it out a while later, the new display had the same problem. I mentioned this, and she said that all the ones that were in back seemed to have the same problem, so there's not much they could do at the store.
I went down again a few months later to let them know that the OS re-install hadn't helped, and that I really couldn't keep driving two hours each way to not get anything fixed. They apologized profusely, and said they could mail the machine to their depot center, where it would be repaired and mailed back to the store, upon which they'd mail it to me. They also ran some tests at this appointment, and discovered that the processor heatsink may be failing. They made a note, and sent it out. I got a call a week later from the technician at the depot location, quizzing me on the exact problems I was having, and spoke to him for almost twenty minutes while waiting for a doctors appointment. (We'd played phone tag for a few rounds before we finally spoke to each other). I described everything as best I could without having the machine in front of me, but I felt that I was a little ridiculed by the technician. The attitude I sensed was "our tests didn't find any hardware failures, so you must be wrong, or lying." He didn't use those words of course, but he didn't exactly hide it too well either. As I was called into my doctors appointment, (so had to hang up) I asked him over the phone to please do as many tests as possible, and use the machine if necessary to reproduce the effects. He said he'd try, and hung up. I received the machine a week later or so, with a sheet listing what had been done. The list reads:
Labor charge
Flat rate repair charge
Obviously, I wasn't actually charged for either of them, but absent a more detailed list of what they'd done, the only difference I could detect was that they finally replaced the defective display with a non-defective part.
After another month or so, I returned to the store to let them know I was still having problems, and to get advice. They told me that they'd have to reproduce the issue there in order to do anything. They proceeded to reproduce the issue, and told me that a CLEAN install should do the trick. I did a clean install, and copied things back on very slowly, a few things at a time. The problem persisted even before I'd put much back on.
About a month later, I made an appointment with the other Apple Store (I have two, both about two hours away), and took it down. They reproduced the issue, and said it could be due to a faulty hard drive. They took it in back and replaced the hard drive. I was a little unhappy how many appointments it had taken, but was hopeful that it had finally been fixed.
I got a survey in my email about my satisfaction with my last appointment, so I filled it out honestly: that I had been extremely frustrated and disappointed, but I hoped that the fix that was finally provided would be successful. I was contacted the next day by the Head Genius at the most recent Apple Store I'd visited. She was very nice, and spent some time quizzing me on approximate times of hangups and delays. I told her that it did seem like the problems were still there, but I wanted some more time to verify the specifics, and that they had in fact persisted through the HDD replacement, and that I'd call her back if they persisted.
After very carefully copying things back on (yet again), I realized that it still wasn't fixed. The slow opening of programs had been sped up considerably, but the actual running of the programs was slower than ever, rendering Aperture 3 nearly unusable. Almost every adjustment (and all brush adjustments) will result in a complete system hangup. The few times it occurred to me to open activity monitor BEFORE opening Aperture, I was able to nab a few screen shots using a mouse shortcut I programmed. They show sometimes Aperture uses up to 170% of the processor (!?!), and almost always over 100 when this happens. Other occasions, it's Finder that's eating it up. I ended up with 14 screenshots of about 7 or 8 separate incidents. (Each time, I had to force quit the program, and restart the computer. At NO point was any other program running besides Finder and Aperture 3).
I called her back about three weeks after the last call, and explained that the problems were still happening. She was very nice again, and quizzed me about the problems, and durations of delays and hangups. She said that she'd order a few parts that it could be, and if I brought it down, they'd keep it there until they fixed it. I explained that after six trips of two hours and 90 miles, I'd put a lot of time, energy, lost work, and gas money and tolls into this computer, only to have it still not be fixed. I told her I wasn't sure that I would be able to come down again, and asked if there was any other way we could arrange this, or any other available options. She was very nice, but asserted that this was the only option.
Today, I went down again, and explained to them that I really can't come down again. After $150+ in gas and tolls, plus 28 hours of driving, plus lost wages, I just couldn't do that any more. They were very friendly, and kept telling me they really wanted to help me, but theres not much they could do as far as me not having to come down and pick it up again. A few minutes later, we were discussing the specific issues, and it was actually working for once, and they said that they couldn't replace it without verifying the issue, because Apple would throw a fit. (Understandably). This combined with overheard conversation, and other snippets of things said directly to me, led me to believe that if the issue could be reproduced, the computer would be replaced, and I wouldn't have to drive down again.
A few minutes later, after showing them the screenshots taken previously, we reproduced the issue. Aperture caused a system hang bad enough to prevent showing the dock, quitting, or force quitting (including the keyboard shortcut). I then told them that I had to leave in ten minutes (My sister had a birthday party starting at noon, and they needed adult supervision by that time). They talked for a few minutes and after continually assuring me there was no way around me driving down again to pick it up, told me that they would mail me a box, I could mail it back to the store, and then once it was fixed, we could discuss how to get it back to me. Being in a huge hurry, I grudgingly accepted this, and left.
I guess I'm a little confused that they didn't replace it after reproducing the issue, which they seemed like they were willing to do until I reproduced it.
On a whole, I've been extremely disappointed in Apple Service on all ends, both depot and store, and I'd like to know if there's a number I can reach to get some sort of escalation to at least talk to someone, and maybe get some sort of explanation of how it's okay to have someone make seven (almost eight) four hour trips for one single computer problem with a computer that is under warranty.
At this point, I'm so frustrated, if I could get my money back, and never buy an Apple computer again, I would actually think seriously about it. I was a recent convert (bought a macbook for college in 2007), and thought I would never even think twice about going back, but after this... I'm really not so sure. The only thing that would really prevent me from doing so is probably the $1000's in software I'd have to re-buy for windows, especially since you can't get student discounts twice on one title from most companies.
I think it's pretty unreasonable to expect someone to spend that much money on a computer that is under warranty, even if it's just on gas and tolls. I frankly can't see the logic in that.
Do I have any recourse? Even though it's only been technically "repaired" twice for the same problem (this will be the third) It's been looked at and analyzed seven times. I don't know much about lemon laws or consumer protection/warranty laws, but it seems to me that this should qualify.
If anyone has a phone number or email address of someone a little higher up on the food chain than a head genius at a NH Apple Store, I'd love to get this taken care of. Even a non-tech support customer service number would be helpful.
Thanks in advance, and sorry for the long novel up there.

Answer 1

I would suggest contacting AppleCare and briefly explain your frustration and ask to speak to a senior manager. Be articulate, have all of your facts organized including receipts, case numbers, etc. so when you talk to someone in charge you have your facts in a row. You should be also patient and persistent until you get a solution to your problem.
We are users just like yourself and cannot do anything other than provide some advice.
Had I been you with all the issues you seem to have been experiencing I would have asked to speak to a store manager. However hindsight is 20/20 so that doesn't do any good. If you do decide to go back to one of the stores make an appointment and when you arrive let them know you want to speak to the store manager. Again be articulate, organized and have all your facts ready including ALL documentation.
Good luck,
Roger
Message was edited by: rkaufmann87