Dick's is a bunch of *****.

[HumblePie]

now it got epic.

Because I am using a lawyer that isn't working off contingency? I could go with the class action up above, but am deciding to go the solo route. There are a number of reasons why. 1) It's more a headache to Dick's if they have to do with a large number of individual legal actions instead of one and 2) I stand a better chance of getting the item as per my sales contract instead of having much of what is suppose to be "damages" collected by the lawyers of the class action.

Edit, the lawyer said his cap I would ever have to put up is $950. And again, the point is not the money but the fact that Dick's broke the law and I'm holding them to that law. I have zero doubt I will get all my money back as those are part of the damages that Dick's must now repay.

 

[OutHouse]

Because I am using a lawyer that isn't working off contingency? I could go with the class action up above, but am deciding to go the solo route. There are a number of reasons why. 1) It's more a headache to Dick's if they have to do with a large number of individual legal actions instead of one and 2) I stand a better chance of getting the item as per my sales contract instead of having much of what is suppose to be "damages" collected by the lawyers of the class action.

so you are are willing to spend 950 for a lawyer PLUS other lawyer fees PLUS the cost of the gun? or are you expecting Dicks to just give it to you for free?

 

[OutHouse]

I will get all my money back as those are part of the damages that Dick's must now repay.

you did get your money back plus 100 bucks.

 

[HumblePie]

I bet the manufacturer was more than happy to take those guns back and sell them to someone else at a significant markup than what they originally sold them to Dick's at.

Actually what happened is that Dick's got a significant amount to complete the orders but not all of them yet. Troy was sending shipments to them weekly. Dick's completed a few shipments, namely those closest to their Georgia distribution center, and then has held on to the rest. They stopped accepting shipments from Troy without telling them and without telling Troy to stop making guns. Besides a few completed orders, Dick's has a bunch of guns they are currently sitting on. They haven't returned them to Troy nor fulfilled orders with them. Some leaked info from Dick's internally was that they were going to hold them and sell those guns for more through one of their sister companies instead.

 

[HumblePie]

so you are are willing to spend 950 for a lawyer PLUS other lawyer fees PLUS the cost of the gun? or are you expecting Dicks to just give it to you for free?

I'm not spending anything. You fail to understand what retainer means do you? If I win, I get the gun and my retainer back. That's how the law works.

 

[HumblePie]

you did get your money back plus 100 bucks.

No, the refund is not their contractual performance they must perform under the law. They are required by law to give me the gun, or a gun of equal/greater value (that I must accept as equal or greater), or pay the difference for me to purchase that gun elsewhere. The refund they tried to force on me is not something that they can do legally if I do not accept it. I do not accept the refund and thus have not cashed in the refund check nor used the gift card.

Dick's is obligated now at this point to give me a gun and pay me $950 for my retainer as well as any money my lawyer uses above that $950 limit to settle this case.

 

[spidey07]

I think what most are missing here is Dick's CHOOSE to not fulfil the order, when it was completely within their control to abide by the sales agreement.

You can't do that. If there are circumstances outside their control, then sure, those are outs for the sales agreement. But they can't just say "nope, not going to give you what you purchased even though we can.

You can't do that.

 

[HumblePie]

And for future reference. The money doesn't mean anything. I am a Sharepoint developer and have money to use for this case. I'm not hurting over this at all.

 

[sze5003]

The fact that they chose not to fulfill the order wasn't right. Not sure I would go this far but at least your sticking to your case. Many times if you order on newegg and the part breaks, you ship it back for an exchange. If they don't have it in stock or for some oddball reason some tired ass employee didn't feel like getting your item , they give you a refund.

But not sure how many would require an equal part in place if they didn't want the refund. I'm guessing it works a little different.

 

[Brovane]

Because I am using a lawyer that isn't working off contingency? I could go with the class action up above, but am deciding to go the solo route. There are a number of reasons why. 1) It's more a headache to Dick's if they have to do with a large number of individual legal actions instead of one and 2) I stand a better chance of getting the item as per my sales contract instead of having much of what is suppose to be "damages" collected by the lawyers of the class action.

Edit, the lawyer said his cap I would ever have to put up is $950. And again, the point is not the money but the fact that Dick's broke the law and I'm holding them to that law. I have zero doubt I will get all my money back as those are part of the damages that Dick's must now repay.

I think this thread will really go epic when you get damages plus the legal fee. Of course what happens if by the time this gets resolved in your favor you can no longer legally take delivery of the gun becase the Feinstein Assault weapon ban has passed?

 

[HumblePie]

The fact that they chose not to fulfill the order wasn't right. Not sure I would go this far but at least your sticking to your case. Many times if you order on newegg and the part breaks, you ship it back for an exchange. If they don't have it in stock or for some oddball reason some tired ass employee didn't feel like getting your item , they give you a refund.

But not sure how many would require an equal part in place if they didn't want the refund. I'm guessing it works a little different.

The thing with newegg, and I've explained this before in this thread a few times, is that newegg makes you click on an acceptance of their terms and conditions. Those terms and conditions are part of the sales contract. It lets them do several things, such as backing out of a deal to give a refund instead at any time, which Dick's did not have going for them here. Others in this thread have tried to equate my purchase with Dick's with a purchase they've made with newegg or some other online entity that forces such terms and conditions that must be agreed to before purchase.

 

[HumblePie]

I think this thread will really go epic when you get damages plus the legal fee. Of course what happens if by the time this gets resolved in your favor you can no longer legally take delivery of the gun becase the Feinstein Assault weapon ban has passed?

If I can no longer purchase the item new because of a law, THEN I can sue for other things.

 

[Brovane]

If I can no longer purchase the item new because of a law, THEN I can sue for other things.

I figured we will need updates as this goes forward. :thumbsup:

 

[GagHalfrunt]

Edit, the lawyer said his cap I would ever have to put up is $950. And again, the point is not the money but the fact that Dick's broke the law and I'm holding them to that law. I have zero doubt I will get all my money back as those are part of the damages that Dick's must now repay.

You're full of shit. If you had contacted a real lawyer and spent a penny on a real lawyer the first thing that real lawyer would have said is to tell you to shut the hell up and stop acting like a whiny little bitch to anyone that was willing to read a thread for the pleasure of laughing at your clueless ass. This thread would be all a defense attorney would need to nail you to a wall, but of course that is NEVER going to happen because you know that no real lawyer would get near this case and a deeply unhinged gun for 950 dollars.

 

[HumblePie]

You're full of shit. If you had contacted a real lawyer and spent a penny on a real lawyer the first thing that real lawyer would have said is to tell you to shut the hell up and stop acting like a whiny little bitch to anyone that was willing to read a thread for the pleasure of laughing at your clueless ass. This thread would be all a defense attorney would need to nail you to a wall, but of course that is NEVER going to happen because you know that no real lawyer would get near this case and a deeply unhinged gun for 950 dollars.

Reported for trolling.

 

[OutHouse]

I'm not spending anything. You fail to understand what retainer means do you? If I win, I get the gun and my retainer back. That's how the law works.

lol all i can say is lol.

i really think you are retarded.

 

[x-alki]

You're full of shit. If you had contacted a real lawyer and spent a penny on a real lawyer the first thing that real lawyer would have said is to tell you to shut the hell up and stop acting like a whiny little bitch to anyone that was willing to read a thread for the pleasure of laughing at your clueless ass. This thread would be all a defense attorney would need to nail you to a wall, but of course that is NEVER going to happen because you know that no real lawyer would get near this case and a deeply unhinged gun for 950 dollars.

Careful, he'll sue you too.

 

[Pens1566]

Sharepoint, ha.

 

[maziwanka]

humble - you won't get your lawyer's fees back. the retainer is kept so that the lawyer can charge you for his time against it (and it will likely cover only a portion of the total fees he will incur). you should be prepared for the result that you MAY get your gun but you WILL NOT get your legal fees back (seriously).

ppl usually agree to a contingency arrangement so they don't have to put any money upfront and fees are taken out of the amount recovered.

 

[Corporate Thug]

humble - you won't get your lawyer's fees back. the retainer is kept so that the lawyer can charge you for his time against it (and it will likely cover only a portion of the total fees he will incur). you should be prepared for the result that you MAY get your gun but you WILL NOT get your legal fees back (seriously).

ppl usually agree to a contingency arrangement so they don't have to put any money upfront and fees are taken out of the amount recovered.

This is correct. HP, the way you described is NOT how retainers typically work. All a retainer is an upfront payment of legal fees that the attorney can expend before he or she bills the client additional amounts.

There MAY a clause in your particular retainer that states the fees incurred is offset by the amount recovered (this is in it of itself atypical). I would read the retainer very closely because even if this is the case, it presumes recovery of the fees which is not typical.

 

[dabuddha]

I think what most are missing here is Dick's CHOOSE to not fulfil the order, when it was completely within their control to abide by the sales agreement.

You can't do that. If there are circumstances outside their control, then sure, those are outs for the sales agreement. But they can't just say "nope, not going to give you what you purchased even though we can.

You can't do that.

That would be true if they kept his money

 

[Pantoot]

From ar15.com:

I had a conversation with someone in the business yesterday about this.
It was told to me that Dicks did not return the guns that Troy had shipped them as partial fulfillment of the Black Friday orders.
The info this person had was that Dicks had a large part of the order in the distributors warehouse and refused to let them go to the stores and to the customers.
These guns that were not given to the purchasers nor returned to Troy were then marked up 30% and sold off a gun distributor.
Keep and eye out to see if LGS's start getting them in!

Firearm or television, if this were true and they did mark them up and resell them I don't see how anyone can defend Dicks.
By the same token, I don't see how the posted info could be true.

 

[purbeast0]

From ar15.com:



Firearm or television, if this were true and they did mark them up and resell them I don't see how anyone can defend Dicks.
By the same token, I don't see how the posted info could be true.

http://cdn.memegenerator.net/instances/400x/24236449.jpg

 

[darkewaffle]

Holy crap 20 pages of this lol.

Enjoy your gift card and find something else to do.

 

[SunnyD]

Dick's is obligated now at this point to give me a gun and pay me $950 for my retainer as well as any money my lawyer uses above that $950 limit to settle this case.

You forgot the "assuming they capitulate to your demands and/or a judge rules in your favor". That's kind of the important part.

Holy crap 20 pages of this lol.

Enjoy your gift card and find something else to do.

It's only 6 pages dude. Go into your settings and change it to 100 posts per page.