I'll probably get flamed for this and I know people have suggested the opposite, but if you are resourceful and willing to take the chance, small claims maybe a better way to go.
Oh joy, just what the world needs... another class-action lawsuit.
Haven't people learned by now that the only people who make money on those are the LAWYERS? When/if the company that's sued loses, where do you think they make up that loss? In the price of their goods.
Some people need to take ECON 101.
G
Some people need to take ECON 101.
G
I agree. That's why people are better off doing the small claims thing (if the cost/benefit analysis works for them that is). After a class action lawsuit, you'd be lucky if you got another $30 or $40 gift certificate after the attorneys fees.
<< I agree. That's why people are better off doing the small claims thing (if the cost/benefit analysis works for them that is). After a class action lawsuit, you'd be lucky if you got another $30 or $40 gift certificate after the attorneys fees. >>
Problem is though who here knows what they need to know to process a small claims complaint & WIN? If someone one here could just post some useful information (I have printed everything), I would go through with this, but it's hard to go through on it when you dont' know the law well enough yourself.
<< Does the temporary charge made to credit card account on the pre-order count as consideration? >>
Just had this discussion with another partner at the firm here and the answer is . . . . maybe. Can you find the case law to support it? Can BB find case law to refute it? Again, consideration is just the black letter law. Good case law is what counts. If anyone has the time, it would be a good idea to pull out a treatise on the UCC and see what it and the supporting case law have to say.
<<
<< I agree. That's why people are better off doing the small claims thing (if the cost/benefit analysis works for them that is). After a class action lawsuit, you'd be lucky if you got another $30 or $40 gift certificate after the attorneys fees. >>
Problem is though who here knows what they need to know to process a small claims complaint & WIN? If someone one here could just post some useful information (I have printed everything), I would go through with this, but it's hard to go through on it when you dont' know the law well enough yourself. >>
You'd think there should be plenty of law students around on the board with free Lexis/Westlaw passes to start giving out information, including case law.
ScrapSilicon
Lifer
- Apr 14, 2001
- 13,625
- 0
- 0
<< ?? What's a LTD-163?
I hope you're not being mean to me, as that would hurt my feelings.....
/edit: nevermind, I see that that's the Lite On model number. I thought maybe you were poking fun at me with some of that slang all those crazy kids use, like
w00t, I=3l33T HaXXor and i ownz Joo!!
and stuff like that
These arguments can get pretty spirited, you know!
>>yes they can...and no I would not be throwing LTD-163 out there unless it is a good thing
I think the biggest difficulty in terms of prevailing in court is that none of us have suffered any tangible damages. None of us were charged a dime, which leaves you with either trying to prove fraud/bait and switch (very difficult to meet the legal definitions) or seeking punitive damages, which I doubt is even a possibility in this type of case (lawyer types will know better than me).
Basically, you can't sue somebody because they disappointed you. They have to do actual monetary/physical harm.
The only hope we have is for BB to do what Buy.com did and just settle because it'll be cheaper than fighting the case.
Now, that being said, I don't know if the small claims option would be any better than the class action option. One thing is for sure, as has been pointed out previously, the real winners in a class action suit will be the attorneys.
Basically, you can't sue somebody because they disappointed you. They have to do actual monetary/physical harm.
The only hope we have is for BB to do what Buy.com did and just settle because it'll be cheaper than fighting the case.
Now, that being said, I don't know if the small claims option would be any better than the class action option. One thing is for sure, as has been pointed out previously, the real winners in a class action suit will be the attorneys.
You could say that because they broke the legal contract, it will cost you almost $300 dollars more to get the same part. And loss of time that your computer is down, if you make ANY money with your computer. etc...
You know, I'm sure that someone's probably already mentioned this, but you CAN use your $30 coupon to buy a $30 gift certificate. I just used it to do exactly that. I'm gonna be getting a great deal on a Gf3 Ti 200...$200-10% coupon=180...I had a $50 GC+the $30 one I'll be getting in the mail in a few days...-$50 rebate= Ti 200 for $50. Imagine if the price drops after the Gf4 comes out, it'll be back to best Buy for a price adjustment, and a Gf3 for under 50 bucks. Now you're talking!
<< I think the biggest difficulty in terms of prevailing in court is that none of us have suffered any tangible damages. None of us were charged a dime, which leaves you with either trying to prove fraud/bait and switch (very difficult to meet the legal definitions) or seeking punitive damages, which I doubt is even a possibility in this type of case (lawyer types will know better than me).
Basically, you can't sue somebody because they disappointed you. They have to do actual monetary/physical harm.
The only hope we have is for BB to do what Buy.com did and just settle because it'll be cheaper than fighting the case.
Now, that being said, I don't know if the small claims option would be any better than the class action option. One thing is for sure, as has been pointed out previously, the real winners in a class action suit will be the attorneys. >>
Damages are the extra cash you'll have to pay for the card when you buy it from BB or some other party at the higher price. The remedy should place the wronged party in as good a position as it would have been in had the other party fully performed its obligation.
Order Date: Feb 11, 2002
Credit Card Used: ************3325
Shipped Items:
Item Description Type Qty Web Price Total
Status
-----------------------------------------------------------------------------
Best Buy $30 Gift Card $30 Gif --- 1 $30.00 $30.00
Shipped on Feb 12, 2002
Item Subtotal: $30.00
Tax: $0.00
Shipping & Handling: $0.00
Digital Gift Certificate: ( $30.00 )
------------------------------
Order Total: $0.00
The above items have shipped to the following address:
Text
--------------------------------------------------------------------------
i guess the gift certificate does work. HA
Credit Card Used: ************3325
Shipped Items:
Item Description Type Qty Web Price Total
Status
-----------------------------------------------------------------------------
Best Buy $30 Gift Card $30 Gif --- 1 $30.00 $30.00
Shipped on Feb 12, 2002
Item Subtotal: $30.00
Tax: $0.00
Shipping & Handling: $0.00
Digital Gift Certificate: ( $30.00 )
------------------------------
Order Total: $0.00
The above items have shipped to the following address:
Text
--------------------------------------------------------------------------
i guess the gift certificate does work. HA
I ordered a $50 GC and recieved my shipped notification also, so I guess they are letting that slide. I also sweetened the deal by stacking a $5 off coupon they sent me a few weeks ago that expired tomorrow. I got a $50 GC for $15. That's hard to beat. Now if I could get the card in time for President's Day Sale and the upcoming "Preffered Customer's" sale this weekend, I'll be doing real well, hopefully.
As far as people participating in all this legal crap, I say, let's all get over it and except the fact that Best Buy knew they screwed up, they've already suffered the consequences of an angry mob and sent a $30 gift to say they care about their upset customers. That's all I really expected of them in the first place. There will always be pricing errors on web sites. I've learned these forums can be worse than Talk Radio, where someone puts an idea of "Somone's trying to screw us all and we must stand up for our rights!" stuff, and the angry mob gathers and follows. In some cases all your trouble is for worthwhile causes, but in this case, it doesn't apply. Could you imagine if all this energy focused on getting something for nothing was directed toward a meaningful cause what could get accomplished?
As far as people participating in all this legal crap, I say, let's all get over it and except the fact that Best Buy knew they screwed up, they've already suffered the consequences of an angry mob and sent a $30 gift to say they care about their upset customers. That's all I really expected of them in the first place. There will always be pricing errors on web sites. I've learned these forums can be worse than Talk Radio, where someone puts an idea of "Somone's trying to screw us all and we must stand up for our rights!" stuff, and the angry mob gathers and follows. In some cases all your trouble is for worthwhile causes, but in this case, it doesn't apply. Could you imagine if all this energy focused on getting something for nothing was directed toward a meaningful cause what could get accomplished?
Does anyone know if the retail xp1800+ or the amd duron 1.0ghz comes with the headsink and fan?
all retail processors come with fan and heatsink! this and the longer warrantee is what makes them retail as opposed to OEM, oh yea plus you get the box woohoo!
Auth Failure - General error (invalid transaction or system malfunction) ? tried ordering gift card
how does a thread like this get so long? why are people complainign and talking abuot law suits? i mean, when we ordered this, we were all pretty doubtful that it woudl go through, and bestbuy has a disclaimer against honoring pricing errors, so we didn't expect much. so we didn't get it....oh well, e got $30 free........i don'tk now about you but i am happy because i just made $30 for 5 minutes worth of work for ordering a card that i can live without. and for those talking about the lawsuits....you made $30, why spend money just so you can get the card? use that money to buy a gift card.....then consider it s $30 discount when the card comes around.
<< lol. Not bad idea...basically what I was going to do, but maybe with a little more 'charm', and less "IN YOUR FACE"
. >>well the in your face is what you do after you run off wif your vid card. i used to go to a specific BB on a certain night because a certain fat ugly girl was easily charmed
Marlin1975 and GooberedUp
Having to pay more for the card somewhere else does not constitute damages. If that were the case then instead of PM'ing everyone with Amex Blue, we could just sue all the regular retail outlets all the time.
You would have a very hard time proving that not getting this card for the advertised price in 30 days (this was a pre-order, remember) caused some sort of catastrophic computer failure that BB should somehow be liable for.
Finally, BB did not break a contract. They rejected our offer to buy the card at their advertised price.
I know it seems stupid, and yes, I do think that companies should be somewhat liable for prices they advertise, but unfortunately, under the current law, they are not.
It sucks, and it's because of events like this that BB is a retailer of absolute last resort for me. I will do anything to not have to buy from BB and let them have any of my money.
I've seen Circuit City stand up and make good on their mistakes, and I don't know if any of you read the Office Depot thread about that router that printed a $100 rebate when it was supposed to be a $10 rebate - Well, OD stood behind it, and a number of people ended up getting the thing for free (sadly, I was not one of them) Now THAT's customer service. I wish that BB were more like those guys, but they aren't, and they suck.
That's why ordering a DVD drive from them that will cost me about $25, when all is said and done, puts a smile on my face
Having to pay more for the card somewhere else does not constitute damages. If that were the case then instead of PM'ing everyone with Amex Blue, we could just sue all the regular retail outlets all the time.
You would have a very hard time proving that not getting this card for the advertised price in 30 days (this was a pre-order, remember) caused some sort of catastrophic computer failure that BB should somehow be liable for.
Finally, BB did not break a contract. They rejected our offer to buy the card at their advertised price.
I know it seems stupid, and yes, I do think that companies should be somewhat liable for prices they advertise, but unfortunately, under the current law, they are not.
It sucks, and it's because of events like this that BB is a retailer of absolute last resort for me. I will do anything to not have to buy from BB and let them have any of my money.
I've seen Circuit City stand up and make good on their mistakes, and I don't know if any of you read the Office Depot thread about that router that printed a $100 rebate when it was supposed to be a $10 rebate - Well, OD stood behind it, and a number of people ended up getting the thing for free (sadly, I was not one of them) Now THAT's customer service. I wish that BB were more like those guys, but they aren't, and they suck.
That's why ordering a DVD drive from them that will cost me about $25, when all is said and done, puts a smile on my face
Ziptar
Platinum Member
- Jul 7, 2001
- 2,077
- 0
- 86
OK Best Buy is really SUCK!!
I have to admit that I really didn't expect to get the GF4 for $129.00 but, now I intend to do everything I can to get it.
Fool Me once fine... Fool me twice... Now I am pissed
I was in Best Buy B&M Today and what do I see on the shelf... That's Right the Shelf Tag that everyone has been saying is fake... There it is Geforce4 ti 4600 $179.00. I go to customer service and give them the SKU# and said I need to order one of these please...
We'll long story short I can't order it and I can't get a rain check. After 1 Manager and 5 staff members huddled about over the shelf tag for 20 minutes poking at a register. I was told that the SKU# is not in their system and I can't get one but, the UPC comes up as a $400.00 Card and would I like to order one.... I countered with "Well the shelf tag says Geforce4 ti 4600 for $179.00. That's what I want." The manager then procedes to show me in the system that the SKU comes up as a Visiontek Easter Bunny, and that she would gladly sell me an easter bunny for $179.00. Then she shows me the screen with the GF4 on it.. it's $399.99. I said it still doesn't change the fact that the shelf tag says "Geforce4 ti 4600 for $179.00". She responds with "I am not selling you a $400.00 Item for for $179.00!" and stomps off.
Not once did they apologize.. Not once were they even nice.....
What it comes down to is this.. Best Buy is covering their tracks and the whole easter Bunny / Valentine names are just a smoke screen . How else would there be two different SKUs for the same UPC Number with prices of Oddly enough $179.00 and $399.00.. They obviously figured out that they had a bunch of shelf tags out there for $179.00 and just played a little trick in the database to correct it..
I did get to see the MFG. cost on both items.. the "Easter Bunny" is $99 and teh GF4 is $308.00.
Online Price Errors are one thing but at a B&M it's another...
They can take their $30 Coupon and CRAM IT !!!! I will be getting a Geforce 4 ti 4600 $129.00.... I am climbing up their Corporate @SS on this one...... Enough is Enough...
I have to admit that I really didn't expect to get the GF4 for $129.00 but, now I intend to do everything I can to get it.
Fool Me once fine... Fool me twice... Now I am pissed
I was in Best Buy B&M Today and what do I see on the shelf... That's Right the Shelf Tag that everyone has been saying is fake... There it is Geforce4 ti 4600 $179.00. I go to customer service and give them the SKU# and said I need to order one of these please...
We'll long story short I can't order it and I can't get a rain check. After 1 Manager and 5 staff members huddled about over the shelf tag for 20 minutes poking at a register. I was told that the SKU# is not in their system and I can't get one but, the UPC comes up as a $400.00 Card and would I like to order one.... I countered with "Well the shelf tag says Geforce4 ti 4600 for $179.00. That's what I want." The manager then procedes to show me in the system that the SKU comes up as a Visiontek Easter Bunny, and that she would gladly sell me an easter bunny for $179.00. Then she shows me the screen with the GF4 on it.. it's $399.99. I said it still doesn't change the fact that the shelf tag says "Geforce4 ti 4600 for $179.00". She responds with "I am not selling you a $400.00 Item for for $179.00!" and stomps off.
Not once did they apologize.. Not once were they even nice.....
What it comes down to is this.. Best Buy is covering their tracks and the whole easter Bunny / Valentine names are just a smoke screen . How else would there be two different SKUs for the same UPC Number with prices of Oddly enough $179.00 and $399.00.. They obviously figured out that they had a bunch of shelf tags out there for $179.00 and just played a little trick in the database to correct it..
I did get to see the MFG. cost on both items.. the "Easter Bunny" is $99 and teh GF4 is $308.00.
Online Price Errors are one thing but at a B&M it's another...
They can take their $30 Coupon and CRAM IT !!!! I will be getting a Geforce 4 ti 4600 $129.00.... I am climbing up their Corporate @SS on this one...... Enough is Enough...
<< how does a thread like this get so long? >>
Well my intention was to see what kind of deals we can make with the $30. But it just seems there are a lot of very emotional people out there.
BTW, this is my first thread to exceed 100! YAH!
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