User Panel
Posted: 12/26/2012 8:22:57 AM EDT
IMPORTANT UPDATE!!!!!!
I have obtained a legal counsel. We will be filing Breach of Contract litigation. As part of the litigation WE ARE NOW SEEKING CO-PLAINTIFFS. If you would like to be a co-plaintiff as part of the litigation against Dick's Sporting Goods. Please email me the following information to [email protected]: -Full Name -Address -Contact phone/email -Dicks Special Order Number -Number of Rifles Ordered, but NOT received. You DO NOT need to be from the same state as I. |
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A major media outlet is going to be doing a story on this...if someone could email me a scan of the contents of their "SOL packet" (letter/refund check/$100 gift card), it would be much appreciated.
I have not received mine yet, and the editor would like to have this to add to the other material I have already given him (copies of the print ad, sales receipt, order confirmation, etc.) You can blur out your personal details, or I can do it for you. My email address is my username <--- @aol.com |
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No, it's on the separate "Web Special Order" form they should have given to you as you walked up front to the cash register. It's on a piece of white paper, and has the barcode that the cashier scanned to ring up the purchase, along with the information about the rifle, your contact information, etc. Some people said they only received a receipt. In that case, you'll probably have to contact the store to get your order number. If they've already canceled your order, they're probably going to say they don't have/can't find that information. Good luck.
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Is teh SO# on the receipt? The Special Order # is found on a 8.5x11" print out they should have given you when you placed the order. |
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So you order rifle from Dick's, give money, they cancel order, refund money, give gift card, and you're suing?
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Email sent...
And yes suing, they told us right up until they sent the go f* yourself letters on Christmas Eve Morning that the rifles were coming. |
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So you order rifle from Dick's, give money, they cancel order, refund money, give gift card, and you're suing? hypothetical situation: Let's say I agreed to sell you a car for $800. This car is very important to you, as you need it to get to work, take your kids to school, etc. We enter into a contract, you pay me in full, I tell you it now belongs to you, and I promise to deliver it to you within 5-10 days. But instead, I simply hold your money hostage and never give you your car. Over the course of the next 5 weeks, you waste hours of time contacting me (calling several times a week and being placed on hold 15-30 minutes each time, driving 30 minutes across town to visit me at my house). Each time you contact me, I blatantly lie to you and make one empty promise after another, assuring you that you'll have your car within a few days. Also during this time, there have been numerous deaths caused by people being run over with cars, and politicians are talking about a ban on cars to end car-on-pedestrian violence. Because of this, people have launched into a panic and are buying up all the cars they can get their hands on. Car prices have tripled and even quadrupled, and you would now have to spend $2500+ to get a car comparable to the one I already sold you for $800 5 weeks ago. If you would've known 5 weeks ago that I was lying and wasn't ever going to let you have the car you paid me for, you could've used that money to buy another comparable car. But now, you cannot afford to buy any car, and if a ban on cars does come to fruition, you may never be able to own a car during your lifetime. As a solution, I simply mail you a refund check, along with a $100 gift card (to a store you never shop at, that has nothing else you would ever possibly want). Would you not be angry? Would you agree that the "solution" I came up with is not an acceptable solution at all? Would you not seek a better, more reasonable solution? |
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Some people said they only received a receipt. In that case, you'll probably have to contact the store to get your order number. That's my case. |
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So you order rifle from Dick's, give money, they cancel order, refund money, give gift card, and you're suing? It's not as though some outside force is preventing them from fulfilling the contract they agreed to. They have the means to complete the contract that they entered into (rifles in stock) but made a capricious decision to refuse to fulfill the contract. Events that have transpired in the interim have created a greater harm to the consumer because of the seller's refusal to complete the sales contract. The fact that they offer a remedy without consent of the other party doesn't relieve them of a their original responsibility. |
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They offered a remedy that is in excess of what legal precedent and standards would dictate.
While I am in the same boat, I find it unlikely there is any other remedy. Is the lawyer on contingency? Somehow I am betting this is unlikely. |
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They offered a remedy that is in excess of what legal precedent and standards would dictate. While I am in the same boat, I find it unlikely there is any other remedy. Is the lawyer on contingency? Somehow I am betting this is unlikely. U.C.C. Article 2, Part 7, § 2-713 is the only legal precedent. |
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That is the (one of) the laws not the precedent.
Is the lawyer taking this on contingency? And if so I have nothing to loose by joining. |
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Good luck guys. I'm glad you guys are doing this.
They had the opportunity and ability to fill the orders, but have decided not to fill their orders. My guess is that it wasn't fiscally prudent for them to sell due to selling at a loss and used the events at Sandy Hook as a political reason not to deliver. I bet they figured no one would side with "those icky gun owners". The fact is, even without the panic buying the rifle was a $1400 being sold at $700. Now it's a $1400 rifle being sold for $2500. Like I said elsewhere, I hope you break it off in them. |
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So you order rifle from Dick's, give money, they cancel order, refund money, give gift card, and you're suing? hypothetical situation: Let's say I agreed to sell you a car for $800. This car is very important to you, as you need it to get to work, take your kids to school, etc. We enter into a contract, you pay me in full, I tell you it now belongs to you, and I promise to deliver it to you within 5-10 days. But instead, I simply hold your money hostage and never give you your car. Over the course of the next 5 weeks, you waste hours of time contacting me (calling several times a week and being placed on hold 15-30 minutes each time, driving 30 minutes across town to visit me at my house). Each time you contact me, I blatantly lie to you and make one empty promise after another, assuring you that you'll have your car within a few days. Also during this time, there have been numerous deaths caused by people being run over with cars, and politicians are talking about a ban on cars to end car-on-pedestrian violence. Because of this, people have launched into a panic and are buying up all the cars they can get their hands on. Car prices have tripled and even quadrupled, and you would now have to spend $2500+ to get a car comparable to the one I already sold you for $800 5 weeks ago. If you would've known 5 weeks ago that I was lying and wasn't ever going to let you have the car you paid me for, you could've used that money to buy another comparable car. But now, you cannot afford to buy any car, and if a ban on cars does come to fruition, you may never be able to own a car during your lifetime. As a solution, I simply mail you a refund check, along with a $100 gift card (to a store you never shop at, that has nothing else you would ever possibly want). Would you not be angry? Would you agree that the "solution" I came up with is not an acceptable solution at all? Would you not seek a better, more reasonable solution? That is a fantastic analogy and a spot on argument for your case. Screw Dicks, I hope they get their ass handed to em. |
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That is the (one of) the laws not the precedent. Is the lawyer taking this on contingency? And if so I have nothing to loose by joining. The point of picking up co-plaintiffs is to make contingency worth it. ;) |
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Count me out. I consider an outcome where a judge awards a verdict of more than 1350 per plaintiff (the break even point with the lawyer taking a third) several years down the road unlikely.
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Count me out. I consider an outcome where a judge awards a verdict of more than 1350 per plaintiff (the break even point with the lawyer taking a third) several years down the road unlikely. Any litigation award will be IN ADDITION to the refund received..... |
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I'm curious as to whether an agreement to buy/sell is interpreted as a contract. I'm sure there is some legal precedence but would love to hear an arfcom lawyer's opinion.
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I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom.
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I would much prefer to provide my information directly to the attorney's office.
Is this possible? |
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I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom. They made the sale and didn't deliver as promised. |
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I would much prefer to provide my information directly to the attorney's office. Is this possible? My guess is that it would get lost in process. You will not be able to speak to the attorney directly even if you call his office. |
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I would much prefer to provide my information directly to the attorney's office. Is this possible? My guess is that it would get lost in process. You will not be able to speak to the attorney directly even if you call his office. Doesn't sound like a very organized attorney's office. |
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I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom. Which is fine right up til you take their money. Then you've decided. I paid in full for 2 Carbines on the 23rd. Today I called Dicks Credit Card to get the payoff amount since I hadn't received a bill from them and wanted to get it squared away. I had a 0 balance with a $213 cedit. I stopped into the Dicks store I purcahsed my rifle at and the Special Orders desk girl called a manager for me when I asked about my order being cancelled. The manager told the Special Order girl that Troy didn't make the guns anymore so they cancelled all the orders they couldn't fill. The manager gave me a sheet with their customer service info and said to call them, he wouldn't answer any questions. My credit card which paid for the other Carbine has not been credited, so they still have $880 of my money. I hope to get a written answer tomorrow and a refund in full. OP my info was sent. The Web Special Order # is on my receipts. |
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I would much prefer to provide my information directly to the attorney's office. Is this possible? My guess is that it would get lost in process. You will not be able to speak to the attorney directly even if you call his office. Doesn't sound like a very organized attorney's office. That was my guess....anytime info is written down on a sticky note that exchanges hands multiple time before making it to the right person it has high risk of being misplaced or mishandled. |
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I would much prefer to provide my information directly to the attorney's office. Is this possible? My guess is that it would get lost in process. You will not be able to speak to the attorney directly even if you call his office. Doesn't sound like a very organized attorney's office. That was my guess....anytime info is written down on a sticky note that exchanges hands multiple time before making it to the right person it has high risk of being misplaced or mishandled. Email sent. |
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I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom. They made the sale and didn't deliver as promised. And they refunded everyone's money. Can't really see how this justifies a lawsuit. If AR prices had plummeted and this had happened, everyone would be dancing in the street. Everyone who placed a backorder took the risk that the AR might not come. Most companies have policies that say if the backorered item becomes no longer available, then they have the right to cancel the order and refund the money. I have no idea what Dick's policy is on this, but it just seems that everyone is just mad since they cannot find another AR. Just wait, the market will come back. |
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Quoted:And they refunded everyone's money. Can't really see how this justifies a lawsuit. If AR prices had plummeted and this had happened, everyone would be dancing in the street. Everyone who placed a backorder took the risk that the AR might not come. Most companies have policies that say if the backorered item becomes no longer available, then they have the right to cancel the order and refund the money. I have no idea what Dick's policy is on this, but it just seems that everyone is just mad since they cannot find another AR. Just wait, the market will come back.
once again...THAT IS NOT THE CASE HERE...THE PRODUCT IS STILL AVAILABLE |
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I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom. They made the sale and didn't deliver as promised. And they refunded everyone's money. Can't really see how this justifies a lawsuit. If AR prices had plummeted and this had happened, everyone would be dancing in the street. Everyone who placed a backorder took the risk that the AR might not come. Most companies have policies that say if the backorered item becomes no longer available, then they have the right to cancel the order and refund the money. I have no idea what Dick's policy is on this, but it just seems that everyone is just mad since they cannot find another AR. Just wait, the market will come back. Dicks currently DOES have product to deliver. In fact, there are people here who SAW their rifles but were told by employees that following Sandy Hook that they were not allowed to give those rifles to the customers who paid for them. That same product was sent back to the distributors instead of being given to customers who paid for them. Do you work for dicks corporate? Or do you just support dishonest practices in the name of political correctness? |
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Quoted: Quoted: Quoted: Quoted: I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom. They made the sale and didn't deliver as promised. And they refunded everyone's money. Can't really see how this justifies a lawsuit. If AR prices had plummeted and this had happened, everyone would be dancing in the street. Everyone who placed a backorder took the risk that the AR might not come. Most companies have policies that say if the backorered item becomes no longer available, then they have the right to cancel the order and refund the money. I have no idea what Dick's policy is on this, but it just seems that everyone is just mad since they cannot find another AR. Just wait, the market will come back. Dicks currently DOES have product to deliver. In fact, there are people here who SAW their rifles but were told by employees that following Sandy Hook that they were not allowed to give those rifles to the customers who paid for them. That same product was sent back to the distributors instead of being given to customers who paid for them. Do you work for dicks corporate? Or do you just support dishonest practices in the name of political correctness? I support the free market. Does someone personally know the low post count lawyer gathering signatures and profiting off this website and the panic? I wont shop at Dick's. They need to offer me a heck of a deal to bring me back as a customer. But any lawyer trolling for signatures to make a buck or a name for himself should have his IP banned. EDIT: My fault for not checking the location of the post. Thought it was in GD. I will now go find a short pier to take a walk on. |
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I'm curious as to whether an agreement to buy/sell is interpreted as a contract. I'm sure there is some legal precedence but would love to hear an arfcom lawyer's opinion. It absolutley is a contract. The existence of a contract requires finding the following factual elements: 1. an offer 2. an acceptance of that offer which results in a meeting of the minds 3. a promise to perform 4. a valuable consideration (which can be a promise or payment in some form) 5. a time or event when performance must be made (meet commitments) 6. terms and conditions for performance, including fulfilling promises 7. performance |
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I am on the fence for this one. This is a free country. We should be able to decide what we sell and to whom. They made the sale and didn't deliver as promised. And they refunded everyone's money. Can't really see how this justifies a lawsuit. If AR prices had plummeted and this had happened, everyone would be dancing in the street. Everyone who placed a backorder took the risk that the AR might not come. Most companies have policies that say if the backorered item becomes no longer available, then they have the right to cancel the order and refund the money. I have no idea what Dick's policy is on this, but it just seems that everyone is just mad since they cannot find another AR. Just wait, the market will come back. How much of your money has Dicks been holding? As of last week they told me my order was being processed when I talked to them. They havent refunded all my money, in fact Im still out $880 on one of the rifles. I sold 5 ARs after Black Friday to pay off the Dicks credit card and the Visa I used to buy the Troy carbines since they required payment in full up front. If I had those 5 ARs instead of a fucking partial refund and some run around this week I wouldn't be upset with Dicks at all. But I'm short 5 guns now ( that nearly doubled in value) and Dicks still hasn't given me back all my money, and they havent told me in writing or in person that they've cancelled my order. I dont give a fuck if the market comes back or not, I'm out a couple thousand dollars currently in addition to the money Dicks borrowed intrest free that could have been spent elsewhere. Fucks Dicks and fuck anyone who doesnt have money tied up in the fiasco that thinks it's no big deal and it'll all be fine. |
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the whole situation is really messed up.
didn't order a rifle, but I have shopped at Dicks (will no longer shop there) Good luck with this guys. ....................hope they take some kind of financial hit for caving to the PC political hucksters and FUDD/soccer mom crowd |
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tagging cos i'm curious to see how this will play out. Well after talking to Dicks customer service this morning on the phone, and getting nowhere, I'm pretty fed up. They weren't sure I'd even paid for the Troy's at this point and were going to "look into and call me back". Well that was 3 hours ago, so I called my Visa issuer and reversed all charges from Dicks. Fuck Dicks. If they can't even figure out if they've refunded all my money or not, they can fight with my bank over it. I left my first Yelp review also, shockingly it was negative. |
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I'm curious as to whether an agreement to buy/sell is interpreted as a contract. I'm sure there is some legal precedence but would love to hear an arfcom lawyer's opinion. It absolutley is a contract. The existence of a contract requires finding the following factual elements: 1. an offer 2. an acceptance of that offer which results in a meeting of the minds 3. a promise to perform 4. a valuable consideration (which can be a promise or payment in some form) 5. a time or event when performance must be made (meet commitments) 6. terms and conditions for performance, including fulfilling promises 7. performance I pretty much see it that way too. |
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I'm in. Sent info and will spread the word. The more people that join this that got screwed the better. While it's their perogative to sell what they want, how they want when they want IT IS NOT THEIR CHOICE to make an offer, take your money and then FAIL TO DELIVER!!! Dicks Sucks! No Shopping for Dicks Sporting Goods in my or my family's future. What's next, Walmart? At least they are not limiting ammo yet...although they are out of quite a bit.
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This is the most shady thread I have seen in quite a while. Brand new member collecting personal info on other members, and won't fill them in on the details -- like even who their alleged lawyer is...
The UCC section you cited has to do with the computation of damages IF there is a breach of contract. It does nothing to show that there WAS one in this case. |
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