Dick's Lawsuit


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zdc1775
January 3, 2013, 02:25 PM
Followed a link in another thread and noticed this video on the side. Did a search and didn't see it being mentioned in the last few days.
http://video.foxnews.com/v/2067258823001/threats-of-legal-action-against-major-gun-retailer/

Both of the expert defense lawyers agreed that the customers have no case but from my understanding it seems like Dick's took orders and payment for the weapons and then backed out after the shooting. Seems like a breach of contract but hey what do I know IANAL.

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CoRoMo
January 3, 2013, 02:27 PM
The fact that a lot of us will never darken their door again will hurt Dick's wallet more than these lawsuits could.

3twelves
January 3, 2013, 02:28 PM
Probably were those DD rifles they were selling. I would be pissed also.


Edit: Troy rifles

Dr.Rob
January 3, 2013, 02:35 PM
A few hundred? They are unaware prices doubled and in some cases tripled?

zdc1775
January 3, 2013, 02:36 PM
I agree CoRoMo. Just wanted to let everyone know about it. Would be pretty funny if s court made them deliver the rifles anyway.

Noticed that too Dr. Rob

Dr.Rob
January 3, 2013, 02:41 PM
Especially if they still have them in inventory and haven't sold them off to another retail chain.

This isn't a case of 'we don't have that in stock' or not honoring a sale price they are talking about rifles paid for, but not in possesion ie, awaiting a background check or a 'manadtory waiting period?'

If it's been TRANSFERRED, the store can't suddenly change their mind, right?

Squeaky Wheel
January 3, 2013, 02:45 PM
DD rifles

What's a 'DD' rifle? Don't recall ever seeing that term.

zdc1775
January 3, 2013, 02:46 PM
Daniel Defense

Captains1911
January 3, 2013, 02:47 PM
What's a 'DD' rifle? Don't recall ever seeing that term.
I assume he means Daniel Defense. I don't know if Dick's sold them or not. My buddy did pick up a nice complete Troy rifle the day before they were pulled. I would never buy a gun from Dicks anyway, but I have bought clothes and other sporting goods from them in the past. I probably wont ever again though.

pendennis
January 3, 2013, 02:48 PM
Companies put clauses into purchase agreements all the time, both as a buyer and seller. There may well be a clause that allows Dick's an out, and only mandates a refund to prepaid customers. They canceled the contract with Troy, probably using another clause. At any rate, Dick's will probably held harmless.

No doubt another instance where the winners will be the lawyers and not the consumer.

3twelves
January 3, 2013, 02:49 PM
What's a 'DD' rifle? Don't recall ever seeing that term.
I meant Troy rifles not Daniel Defense.


My bad

ATBackPackin
January 3, 2013, 03:01 PM
Companies put clauses into purchase agreements all the time, both as a buyer and seller. There may well be a clause that allows Dick's an out, and only mandates a refund to prepaid customers. They canceled the contract with Troy, probably using another clause. At any rate, Dick's will probably held harmless.

No doubt another instance where the winners will be the lawyers and not the consumer.
I am sure they have a clause that allows them to back out for any reason as long as they return the funds, which they did.

With that being said, they better hope that the soccer moms/dads spend a lot of money at their store because I can almost guarantee that they just alienated tens of millions of outdoors man/woman.

Grassman
January 3, 2013, 03:07 PM
Only way I can protest is to never shop there again.
And I won't.

Dr.Rob
January 3, 2013, 04:54 PM
I sure as heck wouldn't take a gift card in return.

armedandsafe
January 3, 2013, 05:09 PM
If you are going to "never darken their door again," make sure they are informed of your intention.

If you really want to get their attention, send them notes on what you bought from their competitors. :evil:

Pops

MachIVshooter
January 3, 2013, 05:33 PM
IMO, Dicks has signed, sealed and delivered their own fate. They are goiong to lose millions over this foolish act.

morcey2
January 3, 2013, 06:21 PM
As someone else said, Dick's is a golf shop that happens to sell a few firearms-related items. I'm already boycotting them because they sell golf stuff.

Matt

Deltaboy
January 3, 2013, 07:08 PM
Good bye Dick's you now join NJ & NY as places where I will never spend a single dime.

Eleanor416Rigby
January 3, 2013, 07:43 PM
Most likely, Dick's got legal advice before making their decision. I never liked them anyway, and only went inside one time. They lost points with me that they didn't have. As has been mentioned, they probably have language in their sales agreement to protect them. They likely have a binding arbitration clause requiring disputes to be settled by an arbitrator. (Guess which way a "neutral" arbitrator will lean when they choose between a repeat commercial customer and a one-time aggrieved consumer.)

Even if Dick's got stuck with going to court for breach of contract, their worst-case scenario is likely that they would have to pay consumers the difference between the contracted price and the price they ended up paying somewhere else for the same product. (If Dick's didn't even have the best price within reasonable distance, then the customers would not be damaged by having to buy it someplace else and Dick's wouldn't have to pay.) Not likely they would get punitive damages in a contract case in an isolated incident coming after a commercially reasonable (from their perspective) decision to stop selling a product.

oneounceload
January 3, 2013, 07:56 PM
Dick's will not miss the business from us at all
They make their money selling golf stuff, workout stuff , and sport shoes.

When the weight lifting clothing area is bigger than their entire "Lodge" hunting and gun area, that should tell you something

MachIVshooter
January 3, 2013, 08:07 PM
Dick's will not miss the business from us at all
They make their money selling golf stuff, workout stuff , and sport shoes.

Lots of us buy other sports & fitness equipment. I'm sure there are even gun guys who buy golf stuff. And, of course, we talk. A lot. Not difficult to say something negative about Dicks and recommend Big 5, Sports Authority, etc, and people who are indifferent will usually choose the store with no press over the one with bad press.

Like I said, it's going to cost them millions.

Glockedout17
January 3, 2013, 10:13 PM
Screw Dick's Sporting Goods, after I heard that they took down and stopped all firearms sales they lost me for life, all that did was give the anti-gun crowd more juice. A few others did the same thing (not mentioning names), now they're back up and running, they feel it necessary to triple their prices. They won't get another red cent from me. Support the smaller gun shops even if their prices are a bit steep, they might be all we have left in the end.

JVaughn
January 3, 2013, 10:18 PM
If you are going to "never darken their door again," make sure they are informed of your intention.

If you really want to get their attention, send them notes on what you bought from their competitors.

Pops


Good idea. Do you happen to know of a comments area on their site where we could all go as a few words? Sending emails to DSG that only DSG will see probably wont have the desired effect.

au01st
January 3, 2013, 10:22 PM
I was looking for a new driver this spring. I usually play a 9-hole short course every Tuesday and throw in a full 18 every few weeks. I drive past Dick's on the way home, but there is an Academy Sports going up 1/2 mile away. Easy decision...

hso
January 4, 2013, 12:16 AM
There's no "breach of contract" to go on about.

Dick's could be in trouble if there are customers who were in the NICS process and approved that Dick's doesn't intend to provide the buyer their rifle, but that number will be small and Dick's looses nothing by completing the transfer and refusing to conduct any more sales.

The real issue here is letting them know they've lost your business to Academy or another identified competitor. Tell them on their Facebook page (https://www.facebook.com/dickssportinggoods). Tell them in politely worded emails that any money you would have spent with them will go to Academy as long as they refuse to sell ARs. Tell others about their decision and yours.

CharlieBT
January 4, 2013, 01:42 AM
I'm with the HSO. True, the class action may generate a large recovery of cash for conumer victims based on the customers' denial of $300 each, which seems to be the undisputed fair value of the benefit of their bargain (discount) denied by management. Dick's won't overcome those damages by offering only a full refund and a $100 gift card, which is not equivalent to $100 cash benefit of bargain. But the real impact is not how that class action and other suits play out. Y'all have clout -- now get out there and use it!

Queen_of_Thunder
January 4, 2013, 11:18 AM
Good idea. Do you happen to know of a comments area on their site where we could all go as a few words? Sending emails to DSG that only DSG will see probably wont have the desired effect.
But standing in front of the store with signs that say support the 2nd Amendment shop at_________.

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