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

[Patryk]

Why don't you take the $799+$100 and donate it to the poor families of the Newtown massacre? You were just going to waste that money on a gun anyway, now you have a second chance to do something useful with it?

 

[ghost recon88]

Why don't you take the $799+$100 and donate it to the poor families of the Newtown massacre? You were just going to waste that money on a gun anyway, now you have a second chance to do something useful with it?

 

[CPA]

As for CPA, I hope you plan on video taping you eating that sock. I am going through with the lawsuit. I want to see you eat that sock.

I will, man, I promise. lol. But, just so we're clear, you have to receive a damage award for mental anguish. Good luck to you.

 

[NFS4]

backfire thread of the year? JUST IN TIME!

Pretty much. He's getting his nomination in late, but I think it still counts!

 

[CPA]

You never had it in your hands.

That being said, you know why I wasn't upset? Because it's a f**king luxury item. I didn't need it. It's not a matter of life and death. It's a stupid friggin' toy. Just like your little gun. You don't need it, you want it.

I have more important things in my life (and I'm sure you do) than to worry about such stupid petty bullshit.

First World Problems!

He doesn't need to have it in his hands for the contract to be binding. HumblePie is correct in that aspect. The difficult thing for him, though, is getting remedy in court without it costing a small fortune to do so. As for the "mental anguish" part, I still don't see that happening.

 

[jpeyton]

Why don't you take the $799+$100 and donate it to the poor families of the Newtown massacre? You were just going to waste that money on a gun anyway, now you have a second chance to do something useful with it?

He could take his $799+$100, trade it for twenty PMAGs (that's what they're going for these days), and have each magazine commemoratively engraved "12/14/2012 Never Forget".

Last I heard, Newtown was inundated with millions in cash and gifts after the massacre; I don't think they need more.

 

[Pens1566]

Wow. Getting this worked up over the situation. Yeah, that's who we want having more ARs. /shakeshead

 

[HumblePie]

Actually, no. A reasonable adult would be filing complaints with the BBB, local attorney general, local consumer protection agency, contacting local news media, etc.

You're acting like a whining child who thinks they know the law. If you really wanted some traction with such a thread, you would actually spell the name of the store in your thread title and in the tags. Also, spelling the town of Newtown correctly would also show that you're an adult.

But keep on crying like a child.

I have done all those. And I did spell the name of the store. And while I typo'd the name of the town, it amuses me you are so bent out of shape over it. So I left the typo in because of how annoyed you seem to be from it. And Newtown is auto corrected in firefox unless I turn it off dipshit.

 

[HumblePie]

He doesn't need to have it in his hands for the contract to be binding. HumblePie is correct in that aspect. The difficult thing for him, though, is getting remedy in court without it costing a small fortune to do so. As for the "mental anguish" part, I still don't see that happening.

Actually, it won't cost a small fortune and that's a common misconception. If I win, I stand to gain, if I LOSE then yes it would cost me money. Massive myth about filing litigation claims just to keep people from filing them and standing up for their rights.

As for the mental anguish bit of definition....

http://legal-dictionary.thefreedictionary.com/Mental+Anguish

Last example. If a shop failed to delivery a wedding dress in time for a wedding, the person can also include mental anguish because of it. Mine is due to a gift for the holidays not being delivered on time as agreed upon. That's there the mental anguish bit falls in. If it had happened as a random purchase during just about any other time of the year I would not be able to include that bit.

 

[Brainonska511]

It'd be great if he wins for mental anguish but that makes it so they can't sell him the gun. :awe:

This would be pretty funny.

 

[maziwanka]

why are we even having this back and forth? Let him sue and see what happens.

Talk to a lawyer first and then report back (or just sue pro se; it will be more amusing).

Your comparison to the wedding example is laughable

 

[Itchrelief]

I have done all those. And I did spell the name of the store. And while I typo'd the name of the town, it amuses me you are so bent out of shape over it. So I left the typo in because of how annoyed you seem to be from it. And Newtown is auto corrected in firefox unless I turn it off dipshit.

Mature. IMO you take things too personally and feel that every slight must be avenged, which is what is probably happening in this case.

Also, pro bono lawyer? I don't think that's realistic unless a lawyer owes you a huge favor

Punitive damages aren't going to fly. The end result here is exactly the same as if the company took orders on a product they decided to stop carrying and refunded the purchase price to customers who ordered, which I believe is fairly close to what actually happened. What's so evil here would warrant punitive damages?

If this actually goes anywhere, I think you're going to end up like Homer Simpson in the episode where he "DEMANDS SATISFACTION" to every insult, then ends up getting nearly destroyed when he meets the dueling southerner.

 

[SunnyD]

LOL no. I may be upset a tiny bit about a "pricing error" that was made that I didn't get. Only because I'm upset at myself for not getting before the correction was made, but I am not upset at the company when it happens.

There is a difference though between a pricing error and not be allowed to give money for a transaction because of that error, and what happened in my instance. Mine was no pricing error. Mine was an agreed upon binding legal contract of sales. No different than if I purchased a house, car, or a warehouse full of flour to resale. What that product is doesn't matter. Once PAID for it is legally mine. How would you like it if any time you paid for an item at the checkout, as soon as you are about to leave the store the manager comes over and says, "oops, we decided we don't want you to have that item in your bag. Here is your money back instead." This is what happened to me. It's unethical and illegal for a reason. Transactions are the backbone of any economy and going back on a deal once it's been made is illegal for a reason.

I have no idea why some people in this forum seem to fail to comprehend these basic concepts. The fact I'm trying to enlighten the boneheads could be said to be silly, but I'll consider it my good deed for the day despite the name calling by idiots like SunnyD happen because he wants to stick his fingers in his ear and go "he's whining and I don't want to learn anything! I'm SunnyD and I rather suck on a Dick." That's what your posts look like to reasonable adults SunnyD. You look like a child that can't add anything reasonable to a conversation beyond name calling and put downs.

As for CPA, I hope you plan on video taping you eating that sock. I am going through with the lawsuit. I want to see you eat that sock.

Oh, okay. you're absolutely right, I'm acting like a child... Because you clearly have the perspective of a reasonable adult here.

Sad thing is if you actually go through with this supposed lawsuit (which you won't) and when you get your ass handed to you in court (or at best you win a couple hundred in small claims court) you won't have the balls to post about it here. Such a shame.

 

[maziwanka]

Oh, okay. you're absolutely right, I'm acting like a child... Because you clearly have the perspective of a reasonable adult here.

Sad thing is if you actually go through with this supposed lawsuit (which you won't) and when you get your ass handed to you in court (or at best you win a couple hundred in small claims court) you won't have the balls to post about it here. Such a shame.

it's actually possible that he sues and dicks asks for their litigation costs to be covered because the suit is frivolous; now THAT would be funny

 

[Jodell88]

I nominate this thread for ownage of the year!.

 

[Jodell88]

Actually, it won't cost a small fortune and that's a common misconception. If I win, I stand to gain, if I LOSE then yes it would cost me money. Massive myth about filing litigation claims just to keep people from filing them and standing up for their rights.

As for the mental anguish bit of definition....

http://legal-dictionary.thefreedictionary.com/Mental+Anguish

Last example. If a shop failed to delivery a wedding dress in time for a wedding, the person can also include mental anguish because of it. Mine is due to a gift for the holidays not being delivered on time as agreed upon. That's there the mental anguish bit falls in. If it had happened as a random purchase during just about any other time of the year I would not be able to include that bit.

You're comparing a wedding to your situation? LOL!

 

[CPA]

Actually, it won't cost a small fortune and that's a common misconception. If I win, I stand to gain, if I LOSE then yes it would cost me money. Massive myth about filing litigation claims just to keep people from filing them and standing up for their rights.

As for the mental anguish bit of definition....

http://legal-dictionary.thefreedictionary.com/Mental+Anguish

Last example. If a shop failed to delivery a wedding dress in time for a wedding, the person can also include mental anguish because of it. Mine is due to a gift for the holidays not being delivered on time as agreed upon. That's there the mental anguish bit falls in. If it had happened as a random purchase during just about any other time of the year I would not be able to include that bit.

You need to understand Texas Law, not some dictionary definition. Per this Dallas lawyer's website, you can only sue for Mental Anguish in these circumstances:

Law: Mental anguish is typically lumped together with physical pain in personal injury claims. But it is recognized as its own separate element of damage in Texas. Texas allows recovery of mental anguish without physical injury ONLY in the following circumstances: 1) bystander cases; 2) intentional tort – child abduction; 3) defamation; 4) invasion of privacy; 5) telegraph co. failing to deliver a death message in a timely manner (from the old days – still a law though); 6) handling a corpse negligently.
Courts in Texas have described mental anguish as a high degree of mental pain/anguish, more than mere disappointment, resentment, embarrassment, or anger. Things such as grief, severe disappointment, public humiliation, despair, shame, wounded pride, or indignation are more like what the courts consider to be “mental anguish” in Texas. One court allowed a $1,000,000.00 verdict for mental anguish based on sleeplessness, ulcers, depression, post-traumatic stress disorder, and fear and anxiety.
Cases where mental anguish has been allowed - Negligent injury to a child – for the parents, legal malpractice claims (if more than just an economic loss),
Cases where mental anguish has not been allowed are – damage to property, loss of parental consortium, death of a fetus, adulterous relationships, woman was not allowed to recover where an employee of a store entered her house to recover overdue videotapes.

See the bolded part. You not being able to give a gift a christmas because of a company's decision would not fall in any of those.

See this for more of a legal description of Texas Law.

 

[GagHalfrunt]

why are we even having this back and forth? Let him sue and see what happens.

Talk to a lawyer first and then report back (or just sue pro se; it will be more amusing).

Your comparison to the wedding example is laughable

It's got to be taken one step further. I think an observer should attend the meetings with the lawyer and bring a camera to record every word. That way OP's triumph can be preserved as it so richly deserves.

 

[Brainonska511]

You need to understand Texas Law, not some dictionary definition. Per this Dallas lawyer's website, you can only sue for Mental Anguish in these circumstances:
See the bolded part. You not being able to give a gift a christmas because of a company's decision would not fall in any of those.

See this for more of a legal description of Texas Law.

He might meet mental anguish under "public humiliation" now that he made this thread.

 

[madoka]

You're comparing a wedding to your situation? LOL!

He's figured out the one exception to mental anguish in a contract, yet seemed to ignored the general rule:

"However, there are limits (to mental anguish): in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding---mental anguish flows naturally (along with the bride's tears) from such a breach."

 

[grohl]

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.

 

[Sonikku]

what do you need an AR15 for?

To hide under our pillow. Duh.

 

[HumblePie]

You need to understand Texas Law, not some dictionary definition. Per this Dallas lawyer's website, you can only sue for Mental Anguish in these circumstances:
See the bolded part. You not being able to give a gift a christmas because of a company's decision would not fall in any of those.

See this for more of a legal description of Texas Law.

And you see the point of severe disappointment there? Which a gift for the holiday season under which the terms of the purchase was suppose to be for fit. I understand the law just fine thanks for highlighting it even further.

 

[CPA]

And you see the point of severe disappointment there? Which a gift for the holiday season under which the terms of the purchase was suppose to be for fit. I understand the law just fine thanks for highlighting it even further.

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.

 

[HumblePie]

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.