- Oct 30, 2000
- 14,667
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Not sure how many are aware of this, but Dick's Sporting Goods management is a bunch of Dicks. I'm spreading word of mouth of what they have done to many customers recently as a big FU to many customers today nationwide.
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.
Well, it had been about 4 weeks and I called last Thursday on the 20th asking what the deal was. I was told by the manager that the order was still in process and the rifles were still due in soon. That we would all have our rifles as soon as they came in.
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 Newtown 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 Newtown shooting.
I have no problem if they want to get out of a market segment. That's their business. I did speak about all that with the manager on the phone. He said that although they were told to pull current stock and not sell any more ar15's, the orders already placed and paid for would still be fulfilled.
Still thinking my order was good to go, I put it out of my mind. That was until this morning. I got a special UPS delivery from Dicks stating that for their own reasons, they are declining to fulfill my order. They included a check (since I paid with cash) for the purchase amount as well as a $100 gift card. Can you say breach of contract?
I paid, signed for, and agreed to terms of an order fulfillment. They are trying to go back on it because they are feeling guilty for some stupid reason over events that had not thing to do with them and weren't in their control. Again, not my problem what the corporate management of Dick's thinks. Everyone else that got this special delivery today are pretty upset about this. Rightfully so. As such, I'm doing my part to spread the word about this heinous breach of contract, bad customer service, and unacceptable attitude from the Dick's Sporting Goods company. I plan to seek legal action, as this is a VERY solid case since I had already tendered cash over to them, and also plan to boycott them in the future. I advise everyone reading this to never shop there again and spread the word. Dick's are a bunch of Dicks.
Updates again, most recent on top. This is a pics update because on the internet it is pics or it didn't happen.
FINAL UPDATE! Dick's agreed to settlement after my attorney filed in court to start actual litigation.
Here is pics of my redacted demand letter as well as some pics from the local Dick's store I took this weekend. I went to Dick's for the pics because of other posters claiming they saw signs in the store stating that Dick's could cancel pre-order sales at anytime. Not only did my Dick's not have any signs at the gun counter or registers that said that at all, they did have signs that said "ALL SALES FINAL" in regards to firearms and ammo.
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Firearm counter with some safety signs and the all sales final sign hanging up
Blurry zoom in on the all sales final
Good zoom in on the all sales final sign that was attached to an ammo self
MORE UPDATES!!!
The first lawyer I was using, through a friend of one of my bosses who really didn't specialize in contract law, decided he had too big of a current case load to take this on contingency and do right by me. So I've had to seek a lawyer else where. Got a new one and made this post further down.
So basically Texas has much stronger laws to protect the consumer and I'll be leveraging those.
Several UPDATES to the OP that I posted later in the thread. Also to post answers raised later in this thread .
1) Everyone that purchased the item did so without signing or acknowledging any contract that allows for DSG (Dicks Sporting Goods) to cancel the sales order. The order was a complete sales transaction and nor a pre-order or a hold request with a monetary deposit.
2) DSG actually had stock to fulfill orders. They chose not to do so and instead had all stores return stock back to them. They are returning all stock of AR15s back to their suppliers.
3) This particular item was a DSG exclusive as Troy Industries was only partnered with DSG to sell their carbines. You could not get it anywhere else unless you were buying it used and that is still the case.
4) Prices on this item have sky rocketed from used sources as one might expect.
5) Troy Industries made this statement off face book.
6) Several news outlets, not all main stream, are running the story on this. Here are the current links I know of. One includes a CBS affiliate.
http://militarytimes.com/blogs/gear...ssues-statement-on-dicks-sporting-goods/#more
http://www.guns.com/2012/12/27/dicks-cancels-troy-carbine-pre-orders-troy-customers-irate/
http://www.thefirearmblog.com/blog/...stries-regarding-dicks-cancelling-pre-orders/
http://kitup.military.com/2012/12/statement-troy-industries-dicks.html
http://dfw.cbslocal.com/2012/12/27/...mplain-about-guns-paid-for-but-not-delivered/
7) Speaking of class action, one poster on AR15.com is seeking co-plaintiffs. When I sent him a private message about more details he said the lawyers are a couple of NRA lawyers out of Minnesota that are working this for him.
8) The purpose of this thread is hopefully rational and decent people will see the very bad business practice going on here by DSG. I hope people will realize that to let DSG get away with walking all over this is a huge issue and a slippery slope. As more info becomes available I will update the OP on this.
9) If you have actual questions or want clarification on points of law or my actions I have problem doing so. Several posters have sought to flame, troll, name call, and throw mud all over me and this issue. I was guilty of some retaliation, but am looking to keep this an informative thread on this issue. From this point on, all flaming, trolling, name calling and anything else in this thread will be reported to the mods. Do not do it. I let it go on far to long and was guilty of getting dragged into it myself.
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.
Well, it had been about 4 weeks and I called last Thursday on the 20th asking what the deal was. I was told by the manager that the order was still in process and the rifles were still due in soon. That we would all have our rifles as soon as they came in.
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 Newtown 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 Newtown shooting.
I have no problem if they want to get out of a market segment. That's their business. I did speak about all that with the manager on the phone. He said that although they were told to pull current stock and not sell any more ar15's, the orders already placed and paid for would still be fulfilled.
Still thinking my order was good to go, I put it out of my mind. That was until this morning. I got a special UPS delivery from Dicks stating that for their own reasons, they are declining to fulfill my order. They included a check (since I paid with cash) for the purchase amount as well as a $100 gift card. Can you say breach of contract?
I paid, signed for, and agreed to terms of an order fulfillment. They are trying to go back on it because they are feeling guilty for some stupid reason over events that had not thing to do with them and weren't in their control. Again, not my problem what the corporate management of Dick's thinks. Everyone else that got this special delivery today are pretty upset about this. Rightfully so. As such, I'm doing my part to spread the word about this heinous breach of contract, bad customer service, and unacceptable attitude from the Dick's Sporting Goods company. I plan to seek legal action, as this is a VERY solid case since I had already tendered cash over to them, and also plan to boycott them in the future. I advise everyone reading this to never shop there again and spread the word. Dick's are a bunch of Dicks.
Updates again, most recent on top. This is a pics update because on the internet it is pics or it didn't happen.
FINAL UPDATE! Dick's agreed to settlement after my attorney filed in court to start actual litigation.
Here is pics of my redacted demand letter as well as some pics from the local Dick's store I took this weekend. I went to Dick's for the pics because of other posters claiming they saw signs in the store stating that Dick's could cancel pre-order sales at anytime. Not only did my Dick's not have any signs at the gun counter or registers that said that at all, they did have signs that said "ALL SALES FINAL" in regards to firearms and ammo.
Page 1
Page 2
Page 3
Page 4
Firearm counter with some safety signs and the all sales final sign hanging up
Blurry zoom in on the all sales final
Good zoom in on the all sales final sign that was attached to an ammo self
MORE UPDATES!!!
The first lawyer I was using, through a friend of one of my bosses who really didn't specialize in contract law, decided he had too big of a current case load to take this on contingency and do right by me. So I've had to seek a lawyer else where. Got a new one and made this post further down.
Well, just got back from actually speaking with my lawyer and handing over my narrative and copies of my documents. He said we'll be filing this under Texas's DTPA (deceptive trade practices act) as it provide much greater consumer protections than the UCC. On top of that, the DTPA says those that breach the contract MUST pay attorney and legal fees as damages.
He's drafting the DTPA demand letter and I should have a copy he is making by Friday. He basically stated we are going to demand that Dick's either completes their performance as per the contractual obligation which is to provide the original item to me, or provide me with an substitute comparative item of equal/greater value, or provide me with damages of $2000 on top of the refund so that I may make a purchase elsewhere. That will in addition to any attorney or legal fees I have to pay out of pocket which includes the $950 retainer.
The lawyer stated they have 60 days to comply to the demand. If they fail or refuse to accept the offer, then we take them to court. At which point the DTPA of Texas allows me to seek damages that are at the time the litigation is filed + 3 times that. So if in 60 days the price of the gun to purchase is now $4000 instead of $2000, then Dick's is required to pay me $4000 + $12,000 in punitive damages under DTPA. Also included would be all attorney and legal fees on top of those awards.
Link to the DTPA
http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.17.htm
My lawyer says because of Texas DPTA that I have a very strong case for this. So now it's wait and see what Dick's is going to do on this.
So basically Texas has much stronger laws to protect the consumer and I'll be leveraging those.
Several UPDATES to the OP that I posted later in the thread. Also to post answers raised later in this thread .
1) Everyone that purchased the item did so without signing or acknowledging any contract that allows for DSG (Dicks Sporting Goods) to cancel the sales order. The order was a complete sales transaction and nor a pre-order or a hold request with a monetary deposit.
2) DSG actually had stock to fulfill orders. They chose not to do so and instead had all stores return stock back to them. They are returning all stock of AR15s back to their suppliers.
3) This particular item was a DSG exclusive as Troy Industries was only partnered with DSG to sell their carbines. You could not get it anywhere else unless you were buying it used and that is still the case.
4) Prices on this item have sky rocketed from used sources as one might expect.
5) Troy Industries made this statement off face book.
Facebook Page LINK:
Troy Industries
Troy Defense (Troy), a division a Troy Industries, Inc., was deeply dismayed and shocked to hear through national media outlets that Dick’s Sporting Goods (DSG) made the decision to stop selling the Troy Carbine along with other modern sporting rifles. DSG did not contact or inform Troy of this decision prior to notifying the public. Nor was Troy informed by DSG that cancellation letters were being sent to customers, set to arrive on Christmas Eve (a day Troy was closed).
Troy has invested millions of dollars in its facility and operations to bring its first ever modern sporting rifle to the market under an exclusive contract with DSG. In selecting DSG as the sole distributor of the Troy Carbine, Troy relied on DSG’s high sales forecasts and sales potential prior to undertaking the significant financial and corporate commitment necessary to design, develop, manufacture and bring a new modern sporting rifle to the marketplace. Based on DSG’s press release, DSG’s anti-gun stance is clear – DSG will not continue modern sporting rifle sales and Troy will sadly not see its Carbine readily available — despite the outlay of millions of dollars by Troy and its commitment to support DSG in its distribution efforts.
Troy is currently researching other channels to ensure continuous and consistent distribution for its rifles. But please note, Troy’s pricing to DSG was based upon volume sales. It is unlikely that pricing to any other outlet in the future will support the pricing granted to DSG. Troy understands the anger of certain DSG customers whose purchases have been cancelled – you got a great price from DSG. However, Troy, itself, cannot come anywhere close to offering the Carbine at the price DSG was offering it. DSG devalued and diluted Troy’s brand when it offered for sale the Carbine at a steeply discounted price during Thanksgiving week. As a result of the sale price set by DSG, DSG oversold and overpromised its inventory. Nonetheless, the current ill-will could have been avoided had DSG not terminated modern sporting rifle sales, promptly canceled overpromised orders, and forthrightly communicated with Troy.
Troy is hopeful that it will soon identify a new distribution channel for its Carbine. We ask for your patience and support during this difficult and transitory time.
Best regards,
Stephen Troy
CEO & Founder
The Troy Group
www.troydefense.com
www.troyind.com
www.troyprepared.com
6) Several news outlets, not all main stream, are running the story on this. Here are the current links I know of. One includes a CBS affiliate.
http://militarytimes.com/blogs/gear...ssues-statement-on-dicks-sporting-goods/#more
http://www.guns.com/2012/12/27/dicks-cancels-troy-carbine-pre-orders-troy-customers-irate/
http://www.thefirearmblog.com/blog/...stries-regarding-dicks-cancelling-pre-orders/
http://kitup.military.com/2012/12/statement-troy-industries-dicks.html
http://dfw.cbslocal.com/2012/12/27/...mplain-about-guns-paid-for-but-not-delivered/
7) Speaking of class action, one poster on AR15.com is seeking co-plaintiffs. When I sent him a private message about more details he said the lawyers are a couple of NRA lawyers out of Minnesota that are working this for him.
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 pgaplayerless@gmail.com:
-Full Name
-Address
-Contact phone/email
-Dicks Special Order Number
-Number of Rifles Ordered, but NOT received.
8) The purpose of this thread is hopefully rational and decent people will see the very bad business practice going on here by DSG. I hope people will realize that to let DSG get away with walking all over this is a huge issue and a slippery slope. As more info becomes available I will update the OP on this.
9) If you have actual questions or want clarification on points of law or my actions I have problem doing so. Several posters have sought to flame, troll, name call, and throw mud all over me and this issue. I was guilty of some retaliation, but am looking to keep this an informative thread on this issue. From this point on, all flaming, trolling, name calling and anything else in this thread will be reported to the mods. Do not do it. I let it go on far to long and was guilty of getting dragged into it myself.
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