What makes it really difficult for you is the fact that you're in Kansas and Lancaster is in Arizona. As a practical matter, "lawyering up" as it's been referred to, really isn't a practical thing. I'm not familiar with the laws of either state involved, but absent some statute to the contrary, you usually can't include attorney's fees as a part of your damages unless they have been agreed to by contract. Meaning that winning could (and likely will) cost you more than the rifle did. I know that I probably wouldn't touch a case like this just because I wouldn't be able to charge enough to make it worth my while.
If you bought the rifle within the time period for either state to bring a redhibitory action, you could file an action in some sort of small claims court, but that's going to leave you either having to go to Arizona to file the claim and make an appearance or two or filing in Kansas and trying to get Lancaster to respond. In the latter case, you could get a default judgment if they don't respond, but all that's going to get you is a judgment that won't be worth the paper it's printed on. Not to you, anyway.
That article that dprice found is interesting. It describes certain behavior as being unlawful, but nothing in the statutes lead me to believe that this unlawful behavior is considered to be criminal. The statutes referred to in the complaint do empower the attorney general's office to take action, and gives the power to the court to award penalties of up to $10k per offense. Oddly enough, it seems that those penalties are to be paid to the state, not the consumers.
In my limited experience with this sort of thing, I've found that courts are usually hesitant to issue judgments ordering specific performance. Although court are more than happy to render judgments awarding money damages or injunctions, orders for specific performance are not common. In other words, I doubt that a court would issue an order to Lancaster stating that they must repair hobgob's rifle. As well intentioned as the consumer protection act may be, it may also be another case of an overly zealous legislator getting laws passed that the court system can't enforce.
In any case, the foregoing was mostly for discussion purposes.
Personally, if I was you, I'd see this as a theft. You sent them your rifle and now they won't give it back. That's a theft (by fraud). I would have called the cops and reported the rifle stolen, if for no other reason than to see if you could get any action. You tell someone that you're going to sue them, it might get their attention and it might not. If a cop shows up at the door with an arrest warrant, you WILL have their attention. Many district attorney's office these days have economic crime units. You may get lucky and get a police officer that cares and is willing to do the paper work.
I'd also get in touch with the Arizona Attorney General's Office and get on their list. It certainly couldn't hurt. Do what you can and then put it behind you. This kind of crap happens. I've bought plenty of stuff that wasn't worth the box it was shipped in. As they say, buyer beware.
If you bought the rifle within the time period for either state to bring a redhibitory action, you could file an action in some sort of small claims court, but that's going to leave you either having to go to Arizona to file the claim and make an appearance or two or filing in Kansas and trying to get Lancaster to respond. In the latter case, you could get a default judgment if they don't respond, but all that's going to get you is a judgment that won't be worth the paper it's printed on. Not to you, anyway.
That article that dprice found is interesting. It describes certain behavior as being unlawful, but nothing in the statutes lead me to believe that this unlawful behavior is considered to be criminal. The statutes referred to in the complaint do empower the attorney general's office to take action, and gives the power to the court to award penalties of up to $10k per offense. Oddly enough, it seems that those penalties are to be paid to the state, not the consumers.
In my limited experience with this sort of thing, I've found that courts are usually hesitant to issue judgments ordering specific performance. Although court are more than happy to render judgments awarding money damages or injunctions, orders for specific performance are not common. In other words, I doubt that a court would issue an order to Lancaster stating that they must repair hobgob's rifle. As well intentioned as the consumer protection act may be, it may also be another case of an overly zealous legislator getting laws passed that the court system can't enforce.
In any case, the foregoing was mostly for discussion purposes.
Personally, if I was you, I'd see this as a theft. You sent them your rifle and now they won't give it back. That's a theft (by fraud). I would have called the cops and reported the rifle stolen, if for no other reason than to see if you could get any action. You tell someone that you're going to sue them, it might get their attention and it might not. If a cop shows up at the door with an arrest warrant, you WILL have their attention. Many district attorney's office these days have economic crime units. You may get lucky and get a police officer that cares and is willing to do the paper work.
I'd also get in touch with the Arizona Attorney General's Office and get on their list. It certainly couldn't hurt. Do what you can and then put it behind you. This kind of crap happens. I've bought plenty of stuff that wasn't worth the box it was shipped in. As they say, buyer beware.
