Patriot Computer Corporation transacts business in the Northern District of Texas.
Defendant sells personal computers and computer peripheral equipment.
Defendant advertised these products in both print and television advertisements nationwide. Defendant sells its merchandise over the Internet and via telephone. For each Internet order, defendant confirms the order by telephone. During these confirmation calls, and during each telephone order, defendant represents the length of time during which the ordered product will be delivered. In numerous instances during October through December 1999, defendant failed to ship merchandise within the stated time and either failed to send delay notices or sent untimely delay notices to the affected consumers.