It's a class action lawsuit so it's not like he is the sole beneficiary of the $100M. Seems alright to me and these stores really are a pain in the ass with this type of thing. The only thing I would question is why they chose not to report the name of the retailer with the lowest price. The devil is in the details and if it turns out that this was some type of liquidation outlet or something it would certainly cast a more favorable light on Sears.
Maine has a good swing for a pitcher but on anything that moves, he has no chance. And if it's a fastball, it has to be up in the zone. Basically, the pitcher has to hit his bat. - Mike Pelfrey
Big Pimpin wrote:I say opportunist. I'm curious about the advertising. Was it to simply "match competitor's prices" or to match the lowest competitor's prices? Because they may have done nothing wrong except use a little deception to get people into the store, which is also the American way.
Sears Price Match Plus Policy/Price Protection Policy
If you find a lower price on an identical branded item with the same features (in Home Electronics identical brand and model number) currently available for sale at another local competitor retail store, Sears will match that price plus, give you 10% of the difference. Just bring in the original advertisement to a sales associate at the time of, or within 30 days after, your purchase.
Online Retail Competitors
If you find a lower online price (including shipping, handling and delivery) on an identical branded item with the same features (in Home Electronics identical brand and model number) currently available from a local competitor retail store honoring its own online price and the item is currently available for sale and delivery in your area, Sears will match that total price Plus, give you 10% of the difference. Just print the ordering page, including shipping, handling and delivery, and bring it to your Sears store at the time of, or within 30 days after, your purchase. If you are purchasing the item from sears.com, email the information to firstname.lastname@example.org
If you find a lower price on an identical item (brand and model number) currently available for sale and delivery in your area from another Sears Holdings retail format or website, Sears will match that price, but will not provide the additional 10% of the difference. All other rules for qualification apply.
Sears will not price match competitors' items that are limited in quantity, offered for sale for less than six hours during a day, or offered for sale during the day after Thanksgiving. Sears will not price match competitors´ bonus or free offers, special offers, bundled offers, rebates, financing offers, coupons, clearance or closeout prices, or prices on used, damaged, returned, open box or display merchandise. Sears will not price match services. Sears will not match typographical errors or competitors' prices that result from a price match. Photo copies of advertisements or receipts will not be accepted as verification of competitor pricing.
Price Protection Policy
Buy with confidence from Sears. If an item you have purchased from Sears goes on sale for a lower price within 30 days of your purchase, Sears will refund the difference.
0-3 to 4-3. Worst choke in the history of baseball. Enough said.
That's all well and good, but I'm still not sure it's definitive. While it does say "if you find a lower price" (sounding like any lower price), there's the question of who get's to define "local competitor retail store". Yeah it's a bit dirtbag, but it's really no different than a car dealership advertising deals that only 1 in a 1000 people actually qualify for.
Metroid wrote:First of all the title "hero" is thrown around way too much....this douche is not a hero. Should Sears have to honor what they promise in their advertising? Absolutely. To the tune of 100 million dollars? Hell no. This guy is an opportunist plain and simple.
Calling him a "hero" is an insult to all the true hero's out there.
Read this part.
UPDATE: Mr. Dank just emailed us with the following clarification: "Please set the record straight on your blog that the $100 and/or $300 million is to pay a class action settlement to all of the customers who were deceived and not to me."
He's not getting the money himself. It's going to everyone who didn't get the $1200 discount.
As I said, I think "hero" is a bit strong, but he's more right than wrong on this in my book.
OK well that changes things, he's not as "douchey" anymore.
I got steamed about halfway through the article I didn't even finish it. That's my bad.
Regardless he still isn't anything close to a "hero." A "proponent for consumer rights" is maybe what I'd call him....along with opportunist.
Not meaning trying to hate on the whole legal profession here, but you should probably note that in a 100 million class action like this, the attorneys for the plaintiffs would get 33 to 40 million dollars and would probably be the only ones who profit from the case. However, a suit like this isn't cheap to bring, so if the suit fails they stand to be out a ton of money.
Last edited by thedude on Thu Apr 30, 2009 6:09 pm, edited 1 time in total.
"I do not think baseball of today is any better than it was 30 years ago... I still think Radbourne is the greatest of the pitchers." John Sullivan 1914-Old athletes never change.
thedude wrote:Not meaning trying to hate on the whole legal profession here, but you should probably note that in a 100 million class action like this, the attorneys for the plaintiffs would get 33 to 40 million dollars and would probably be the only ones who profit from the case. However, a suit like this isn't cheap to bring, so if the suit fails they stand to be out a ton of money.
Boo Hoo...then don't sue. I mean it's not like he was put out, he didn't lose any money....none of these people did. Sure maybe the store lied and maybe they posted false advertising but jeeze if it's more expensive to buy your TV at Sears than Joes TV Shack then go buy it at Joes. And besides they offered to lower the price and he wouldn't accept that, this seems more of a case of someone wanting something for free than someone being taken advantage of by a retailer.
That said if they promised to offer something and didn't own up they should be penalized for it somehow, I just don't think a guy who couldn't get his TV on the cheap should get a payday....or these lawyers for that matter. Force Sears to donate a sizable chunk of change to a charity or something.
...Sears will not price match competitors´ bonus or free offers, special offers, bundled offers, rebates, financing offers, coupons, clearance or closeout prices...
Q: WTF is a "special offer"?
A: a CYA loophole that probably applies to prices below MSRP or whatever the "click thru to see price" prices are.
You're spending so much energy trying to find loopholes and escape hatches I think you might be counsel for the defense, there Rugby.
I'm sure Sears will be able to raise all the points you raised and more, and if they're valid, then the guy will just have wasted his time, in which case, what is it to us? If he prevails, then some class of people who bought home electronics from Sears over the last 3-7 years will get some money back as the court will have deemed that Sears failed to uphold some standard or promise. You can't object to people being held to their promises, right? Because otherwise the entire rational choice model comes crashing down.
0-3 to 4-3. Worst choke in the history of baseball. Enough said.