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

[Fenixgoon]

Was just at the local DSG B&M. They have a rather large-ish sign behind the checkout counters that states basically we can cancel pre-orders for any reason. Would have taken pic but phone is dead.

Happy holidays.

Seems fairly likely they put that up BECAUSE of this debacle.

yeah i can say they had NEVER had that before this last week.

i checked mine and they did not have this sign (i think they only sold "hunting" rifles/shotguns...no AR15's or similar styles)

but in any event, i was tempted to ask if i could order a troy AR15 through them just to troll the shit out of them i didn't though

 

[NFS4]

I don't know if this has been posted, but here's a 28-page long thread over at SlickDeals about this whole mess:

http://slickdeals.net/f/5539454-AR1...-Carbine-720-before-tax-Dicks-Sporting-Goods?

 

[shortylickens]

Its only 28 pages if you are a member.

For non-members its 73 pages.

 

[abaez]

hahahahaha oh my god. The whining on slickdeals is legendary. CLASS ACTION WE DESERVE IT BREACH OF CONTRACT I WANT MY GUN!!!

 

[Ns1]

503 replies. I'm impressed.

 

[SP33Demon]

hahahahaha oh my god. The whining on slickdeals is legendary. CLASS ACTION WE DESERVE IT BREACH OF CONTRACT I WANT MY GUN!!!

Yeah it's pretty funny. #firstworldproblems

30 people think they're special b/c they purchased a gun in-store vs online... and Dick's has in-store policy posted at some stores that pre-orders can be cancelled at any time for any reason. Guess who's going to win the lawsuit.

 

[runzwithsizorz]

Yeah it's pretty funny. #firstworldproblems

30 people think they're special b/c they purchased a gun in-store vs online... and Dick's has in-store policy posted at some stores that pre-orders can be cancelled at any time for any reason. Guess who's going to win the lawsuit.

You can post, disclaim, caveat, write, state, deny most anything in a contract. However, none of which can supercede the law. Exactly where does the law come down on this? I do not know, and would be interested to see this go to court. Either way, I believe Dicks Sporting Goods really shot themselves in the foot big time here, for I think their decision was based on politics, agenda, and misguided marketing.
Kinda like setting up a gay pride booth for time trials at Talladega,
WHAT were you thinking son!

 

[SP33Demon]

You can post, disclaim, caveat, write, state, deny most anything in a contract. However, none of which can supercede the law. Exactly where does the law come down on this? I do not know, and would be interested to see this go to court. Either way, I believe Dicks Sporting Goods really shot themselves in the foot big time here, for I think their decision was based on politics, agenda, and misguided marketing.
Kinda like setting up a gay pride booth for time trials at Talladega,
WHAT were you thinking son!

If they had a sign behind the counter says orders can be cancelled at any time, I'd say the law would side with them. But I'm not a lawyer. Also it's not like they guaranteed anything in writing to the OP. That would be a different story.

 

[Regs]

You can post, disclaim, caveat, write, state, deny most anything in a contract. However, none of which can supercede the law. Exactly where does the law come down on this? I do not know, and would be interested to see this go to court. Either way, I believe Dicks Sporting Goods really shot themselves in the foot big time here, for I think their decision was based on politics, agenda, and misguided marketing.
Kinda like setting up a gay pride booth for time trials at Talladega,
WHAT were you thinking son!

I agree. Legal or not, it was a terrible business decision not honoring their current clients. If they want to in the future head another direction in their distribution chain,ok.

 

[HumblePie]

Well as an update, the other lawyer I was using, he wasn't really into these types of things as he was a friend of one of my manager's, I decided to go with a different lawyer. Called the BAR association hotline here for a referral which was 227-1853 for my area. Got referred to a few and picked the one that first responded. Only difference is since I'm not using the "friends" lawyer, he isn't working on contingency like the other guy. Main reasons is the first lawyer's case load got a bit too big for his normal work, and my case wasn't his specialty of law. Oh well it happens.

So now instead I had to put down $950 in retainer for my current lawyer. He is drafting a letter for Dick's to complete their performance on the contract. He stated that Texas law is waiting 60 days before we can file for litigation. He says that based on everything we have for evidence, they are required by law to either deliver the item, an equivalent item, or pay me the difference if I have to go out to purchase the same or equivalent item.

He said he is actually shocked by how dumb Dick's handled this whole thing. As before, it just a waiting game to see how Dick's is going to respond.

 

[OILFIELDTRASH]

Well as an update, the other lawyer I was using, he wasn't really into these types of things as he was a friend of one of my manager's, I decided to go with a different lawyer. Called the BAR association hotline here for a referral which was 227-1853 for my area. Got referred to a few and picked the one that first responded. Only difference is since I'm not using the "friends" lawyer, he isn't working on contingency like the other guy. Main reasons is the first lawyer's case load got a bit too big for his normal work, and my case wasn't his specialty of law. Oh well it happens.

So now instead I had to put down $950 in retainer for my current lawyer. He is drafting a letter for Dick's to complete their performance on the contract. He stated that Texas law is waiting 60 days before we can file for litigation. He says that based on everything we have for evidence, they are required by law to either deliver the item, an equivalent item, or pay me the difference if I have to go out to purchase the same or equivalent item.

He said he is actually shocked by how dumb Dick's handled this whole thing. As before, it just a waiting game to see how Dick's is going to respond.

You don't seem too bright. No offense intended.

 

[HumblePie]

And for reference, those signs that state that they can cancel a pre-order for any reason were not there at the time of my purchase. Those are recent additions.

 

[HumblePie]

You don't seem too bright. No offense intended.

I don't seem to bright because I am requiring Dick's to make good on their contract with me?

 

[Brovane]

Well as an update, the other lawyer I was using, he wasn't really into these types of things as he was a friend of one of my manager's, I decided to go with a different lawyer. Called the BAR association hotline here for a referral which was 227-1853 for my area. Got referred to a few and picked the one that first responded. Only difference is since I'm not using the "friends" lawyer, he isn't working on contingency like the other guy. Main reasons is the first lawyer's case load got a bit too big for his normal work, and my case wasn't his specialty of law. Oh well it happens.

So now instead I had to put down $950 in retainer for my current lawyer. He is drafting a letter for Dick's to complete their performance on the contract. He stated that Texas law is waiting 60 days before we can file for litigation. He says that based on everything we have for evidence, they are required by law to either deliver the item, an equivalent item, or pay me the difference if I have to go out to purchase the same or equivalent item.

He said he is actually shocked by how dumb Dick's handled this whole thing. As before, it just a waiting game to see how Dick's is going to respond.

I got to applaud you for trying to hold Dick's to their contract that they signed. Most people would have taken the $100 and gone about their business.

 

[OILFIELDTRASH]

I don't seem to bright because I am requiring Dick's to make good on their contract with me?

First lawyer dropping out suddenly.. Seems pretty obvious why. Not hard to figure that one out. Then acquiring a lawyer through a 1800 lawyer referral service.. Might as well of closed your eyes and flipped to the lawyer section of the yellow pages and picked one that way. Can't see what's wrong with that approach? Good luck either way but you are obviously young and naive or...

 

[OILFIELDTRASH]

I got to applaud you for trying to hold Dick's to their contract that they signed. Most people would have taken the $100 and gone about their business.

They signed a contract? Was it Dick personally?

 

[MisterJackson]

They signed a contract? Was it Dick personally?

I don't know. Were you there signing it?

 

[HumblePie]

1) The first lawyer was not a lawyer that dealt specifically with contract law. He was a friend of my boss. He was kind enough to answer questions for me and start the ball rolling. He still agrees I have a strong case and said even if I have to pay a retainer it wouldn't matter because I would get that money back.

2) ALL SALES ARE CONTRACTS. You seem to not be able to comprehend this point. Any sale, regardless if it is for a home or a stick of gum is a contract agreement. So my purchase of an AR15 from Dick's is a sale contract. Once you can comprehend this piece of irrefutable fact, then you can start to try comprehending the scope of my grievance against Dick's.

 

[HumblePie]

I got to applaud you for trying to hold Dick's to their contract that they signed. Most people would have taken the $100 and gone about their business.

No signature for a contract. It's all oral with written evidence to show there was a contract.

1) Dick's circular for that week showed they were selling Troy Industry AR15 carbines for $799. That they were taking orders all week and there was no limit. Nothing in the circular stated that orders taken could be canceled. That circular shows their contract offer to sale a good at a specified price and an agreement to a performance for delivery for orders.

2) My register sales receipt shows my agreement to the contract offer of $799 + tax for the item in question and my performance of completing that part of the contract.

3) The letter mailed to me later as well as the refund check show Dick's break in the contract and their break in the law.

Because of those points, it's really a simple case.

 

[Brovane]

Yeah it's pretty funny. #firstworldproblems

30 people think they're special b/c they purchased a gun in-store vs online... and Dick's has in-store policy posted at some stores that pre-orders can be cancelled at any time for any reason. Guess who's going to win the lawsuit.

Not if they put up the sign after the pre-orders where taken are they going to win the lawsuit. If they said all sales where final then that goes both ways. It seems to me that somebody realized at Dick's they where going to take a hit on fulfilling all these orders because of demand so they just decided to cancel them all.

 

[Brovane]

1) The first lawyer was not a lawyer that dealt specifically with contract law. He was a friend of my boss. He was kind enough to answer questions for me and start the ball rolling. He still agrees I have a strong case and said even if I have to pay a retainer it wouldn't matter because I would get that money back.

2) ALL SALES ARE CONTRACTS. You seem to not be able to comprehend this point. Any sale, regardless if it is for a home or a stick of gum is a contract agreement. So my purchase of an AR15 from Dick's is a sale contract. Once you can comprehend this piece of irrefutable fact, then you can start to try comprehending the scope of my grievance against Dick's.

Yeah I love how corporations think sales contracts only work one way. The sales is only final if the customer want's to cancel. However we can cancel at anytime.

 

[spidey07]

Not if they put up the sign after the pre-orders where taken are they going to win the lawsuit. If they said all sales where final then that goes both ways. It seems to me that somebody realized at Dick's they where going to take a hit on fulfilling all these orders because of demand so they just decided to cancel them all.

No. This had nothing to to with supply/demand. Dicks had the ability to fulfill the orders and the manufacturer delivered.

Dick's CHOOSE not to fulfill the orders as a political statement. That's the HUGE difference here and why all those who purchased have a lock solid case. That means the ability to fulfill the orders was in direct control of Dick's, it was not something outside their control. As such they MUST fulfill the order or fulfill with something of the same means or value.

Ever read a purchase order or sales agreement?

 

[OutHouse]

I had to put down $950 in retainer for my current lawyer

now it got epic.


you just paid more money for a lawyer than you did for the gun...

just curious whats your limit of legal fees you plan on racking up before you pull the plug?

 

[Blitzvogel]

I respect the OP's grievance and his desire to have his fully paid order fulfilled. Personally I'd say that I would never go the same distance he is though. Alas, not everyone is the same, and perhaps his conviction is not just personal, but to make sure that a large, faceless company like Dick's can still be held accountable in a day and age where simple appeasement is the rule instead of sticking to honoring the relationship between business and the customer. In the process, Dick's screwed over another company which may or may not have another immediate outlet for their product.

I sincerely would like to see HumblePie and his co-plaintiff's win their case because it would reassure the public that big business just can't do what it wants.

 

[Brovane]

No. This had nothing to to with supply/demand. Dicks had the ability to fulfill the orders and the manufacturer delivered.

Dick's CHOOSE not to fulfill the orders as a political statement. That's the HUGE difference here and why all those who purchased have a lock solid case. That means the ability to fulfill the orders was in direct control of Dick's, it was not something outside their control. As such they MUST fulfill the order or fulfill with something of the same means or value.

Ever read a purchase order or sales agreement?

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.