you know what - keep us posted on your "slam dunk" case. you're not a lawyer and the lawyer you spoke with - what is your fee arrangement with him/her?
edit: this has nothing to do with anti/pro gun shit
I still can't believe how many anti-gun idiots there are in this thread. Look, I have a case and already talked to a lawyer today about taking it on. First I got to send a letter asking for a Dick's to redress this situation immediately to my satisfaction. If not met or refused, then I can file for breach of contract and so forth. I also have to check up on if a class action is going to be filed in that time as there is over 4000 orders as an early estimate that isn't being fulfilled. Then I can decide to opt in or go on my own.
I failed to see why so many here are getting bent out of shape because I am doing what is right here. Company broke the law and treated a bunch of customers like shit. Myself, and many others are asking for redress of the situation, as well as going through everything possible to spread word of mouth, BBB files, and so forth. If Dick's doesn't follow through on their original contract with many of their customers, many of us are going to be using the only recourse we have which is litigation. Again, I don't have to pay a dime for a lawyer right now because I already have one willing to take it on as I was speaking with a couple of people already today that also got screwed over it. Actually, the person that clued me into the deal originally, it's his lawyer I was speaking with. Just have to save my receipt as well as make copies of it.
You guys are silly or naive if you think this is some frivolous law suit. It isn't in the least. It's pretty much a slam dunk case if those us disenfranchised over this issue resort to litigation. Literally Dick's doesn't have a legal leg to stand on.
No way HumblePie, there is no way what you went through considered "severe". But, that doesn't even matter. Look just above the bolded part, you need to have been involved in one of those six scenarios. You weren't.
LOL, you need to look at various case laws.
http://www.clausen.com/index.cfm/fa...nguish_Damages_Against_FirstParty_Insurer.cfm
That was a case that had nothing to do with those six only standards. There are plenty of others. That was a breach of contract case that was awarded mental anguish. I'm not saying that it will be filed, but that I could file for it potentially.
LOL, you need to look at various case laws.
http://www.clausen.com/index.cfm/fa...nguish_Damages_Against_FirstParty_Insurer.cfm
That was a case that had nothing to do with those six only standards. There are plenty of others. That was a breach of contract case that was awarded mental anguish. I'm not saying that it will be filed, but that I could file for it potentially.
you do not have mental anguish. if you attempt to make that claim, it will be summarily dismissed by any lawyer worth a damn
the most you stand to win as a result of your lawsuit is the cost of the gun you wished to purchase. you stand to lose a significant amount of that because of lawyers fees. you are in a better position now to take what you were given.
but if you want to be stubborn and honestly waste a ton of ppl's time on nonsense, go ahead with your suit. don't be surprised if it doesn't turn out like you thought and you're actually left with less than you have now
I'm really impressed they gave you a $100 gift card. I'd bet that the "contract" you signed allows them to cancel your order at any time for any reason.
I read this yesterday and thought about it. I tried to put myself in the situation. I would have been irritated and pissed off beyond belief about it. I probably would have vented frustration in a forum as you have done.
Once I had had a few days to calm down about it, I would just move on. The lawsuit thing aint gonna work, bro. Swallow your pride and get on with life. You'll live longer that way. Good luck.
Well, I agree with you on everything other than the mental anguish part. If you go through with this, good luck.
I agree. I would not be happy that I had to shell out $1500+ more dollars for the same item. but I would chalk it up to bad timing and just grumble about it to myself.
The reason mental anguish can possibly be claimed is the delivery of the goods in questioned is timed to a specific event with sentimental value. Failure of promised delivery ruins that event. That's law 101 there for you. Hence the example with the wedding in the link I provided earlier. Is it hard to prove mental anguish in many cases? Sure. But can it be done in this one? I'm not sure as I have to speak with a lawyer about it in more detail. If this had happened at any other time of year I wouldn't have a leg to stand on for a mental anguish claim.
The story goes as follows. For a few weeks leading up to Black Friday, Dick's was heavily advertising their Black Friday deals. Of which included 3 firearms. One in particular was a massively good deal for an already upgraded Troy Industries AR15 for $799 with another 10% off with a Dick's card. However, because the demand was going to be high, and they were going to allow back orders and orders to be placed for them Black Friday deals before that date. So in the weeks leading up to Black Friday, anyone that wanted a Black Friday item could come in, pay the Black Friday price, and have the item picked up at the store at a later time.
So, instead of waiting in the huge lines Friday morning and missing sleep, I like many others, went in early and paid our money for the firearm. We were told it would be a 1 to 4 week back order before we got the firearms.
What event was that? Christmas? A birthday? Is that what you told the sales rep? Will the sales rep testify on your behalf? Still not seeing any mental anguish. Fact is, you saw a good deal and jumped on it. If this wasn't a BF deal you MAY have had something to go with but I'm not seeing it...
Holiday gift giving. People typically buy goods during this time for holiday gifts. It only happens once a year. And if a ban on these rifles goes into effect, it may be a long while before I can do this again. That's an extenuating circumstance as well in this case that only adds to the claim. I do not need the sales rep to testify at all. It's a common assumption that people buying items at this time of season is for holiday gift giving.
Bullshit. You bought this because of the "massively good deal", not because of any holiday, let alone Christmas. Also, they told you 1-4 weeks. That puts the delivery right at Christmas day, not enough time to wrap it up and present it to someone.
Any competent lawyer will eat you alive if you present that "mental anguish" line. If you can't prove that you intended to purchase this gun anyway as a Christmas present (thereby you seeing the deal was coincidence) then "mental anguish" will not fly.
Nope, 4 weeks would be the week before Christmas as I ordered it earlier in the week before Black Friday. And the fact that it was a good deal for the firearm doesn't mean shit in court for a breach of contract. The fact is I have a receipt right now in my hand for the purchase of the firearm. No fine print on it anywhere that sales they can back out of it. This isn't a case of missing out of a deal at all. This is a case that there was an item for sale, I paid for that item and timely delivery of that item. Simple case law. Dick's has decided to back out of the deal afterwards and breaks the law doing so. I'm being more than fair by having a letter drafted to ask they complete delivery of the sale. They either honor the agreement or I take them to court. It is as simple as that.
The main reasons I called was because 1) it had been 4 weeks since I the order was placed and my money taken, 2) the incident at Newton was the week before and there was heavy talk of banning the AR15 rifle platform, and 3) Dick's let loose a press release the day before stating that they were no longer going to sell AR15's out of respect for the Newton shooting.
Actually no.
By contract law, they are bound to fulfill the order. So if I'm am forced to go elsewhere to buy the item, they are required to pay the difference in cost, time, and a bit of punitive damages.
The item in question is listed at $799 by them originally which I paid. If I was to go buy the item now, which I can, the next lowest price I can find right now is about $5000. Guess what that means? Yes, they will be force to pay the difference. It is certainly worth my time and energy to pursue this litigation. Which since this is a clear breach of contract, I can get a lawyer to go after it probono pretty easy. Again, they are forced to pay the damages of the broken contract for which I had to rectify. Then punitive damages on the difference, including costs, mental anguish for not having a "gift" when promised by the holiday season... yah they are fucked. It certainly won't cost me a dime to go after this in court. In fact, I stand to make a bunch of money. This is also something that might be class action as well if it is wide spread enough. They are hoping people are lazy and roll over and let them break the law. I for one am not.
You think you can get punitive damages for this "breach of contract"? lol. Time to go back to online legal studies.
so none of you guys would be the slightest bit upset if you ordered an item and the company did not fulfill that order (despite paying for it 100%) because of a stupid, useless, knee-jerk reaction policy? especially considering that the price of the item has now risen by 200% give or take?
i call shens on ATOT.
I still can't believe how many anti-gun idiots there are in this thread. Look, I have a case and already talked to a lawyer today about taking it on. First I got to send a letter asking for a Dick's to redress this situation immediately to my satisfaction. If not met or refused, then I can file for breach of contract and so forth. I also have to check up on if a class action is going to be filed in that time as there is over 4000 orders as an early estimate that isn't being fulfilled. Then I can decide to opt in or go on my own.
I failed to see why so many here are getting bent out of shape because I am doing what is right here. Company broke the law and treated a bunch of customers like shit. Myself, and many others are asking for redress of the situation, as well as going through everything possible to spread word of mouth, BBB files, and so forth. If Dick's doesn't follow through on their original contract with many of their customers, many of us are going to be using the only recourse we have which is litigation. Again, I don't have to pay a dime for a lawyer right now because I already have one willing to take it on as I was speaking with a couple of people already today that also got screwed over it. Actually, the person that clued me into the deal originally, it's his lawyer I was speaking with. Just have to save my receipt as well as make copies of it.
You guys are silly or naive if you think this is some frivolous law suit. It isn't in the least. It's pretty much a slam dunk case if those us disenfranchised over this issue resort to litigation. Literally Dick's doesn't have a legal leg to stand on.