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Hero or Opportunist?

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Re: Hero or Opportunist?

Postby Matthias » Thu Apr 30, 2009 7:08 pm

Metroid wrote:
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. :-?

I dunno...whatever. :-b

Ironically, I don't think this board would have much sympathy if the roles were reversed.

Say someone really wanted to buy something and the seller was reluctant because it was the only one he had. So the buyer said, "Tell you what; I'll buy it from you and if you can find someone else willing to buy it for more, in the next 30 days, I'll give you the extra." So the seller agrees; the buyer buys; and then 2 weeks later the buyer refuses to pay the extra when the seller produces another buyer.

That's tough luck. That's contract. And that's exactly the same thing that's happening here. It's just in this case, the seller is the one obligating themselves. It's not like anybody is forcing Sears to have this price-matching policy; they're only doing it to get more business. They're perfectly capable of discontinuing it, or never having it at all.

Ultimately, I don't think this is a big deal but I don't think this guy is a bad guy for what he's doing.
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Re: Hero or Opportunist?

Postby RugbyD » Thu Apr 30, 2009 9:19 pm

Matthias wrote:
RugbyD wrote:
...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.

Nah, not too much time. I've become adept lately at mining legal docs for info. I'm currently trying to figure out how asbestos claimants can possibly get at the cash flows of a wholly-owned subsidary we own debt in whose holding company is being sued for asbestos stuff from a separate company they held. It makes for interesting reading for about 5 minutes... ;-)

Anyways, all I'm saying is that if Sears is saying that they'll beat whatever price subject to the fine print, then they aren't being dishonest, just leaving themselves lots of wiggle room. I'd have sympathy for this guy's case if he was demanding that terms be more specifically defined, but it sounds like sour grapes that the terms might not give him the deal he wanted.
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Re: Hero or Opportunist?

Postby bigken117 » Thu Apr 30, 2009 9:21 pm

opportunist
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Re: Hero or Opportunist?

Postby Tavish » Thu Apr 30, 2009 9:24 pm

Old_Style wrote:
Tavish wrote:He is a dirtbag.


I don't see why. This is the American way. ;-D

Exactly. The vast majority of Americans are dirtbags.

I wonder what the reason is he didn't just buy it at the place advertising it? Seems like it would have eased some of the pain and suffering he had to go through.
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Re: Hero or Opportunist?

Postby Metroid » Thu Apr 30, 2009 11:09 pm

Matthias wrote:Ultimately, I don't think this is a big deal but I don't think this guy is a bad guy for what he's doing.

I don't think he's a bad guy, I just don't think what he's doing is all that commendable....whatever, I don't know why I even care. :-B
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Re: Hero or Opportunist?

Postby knapplc » Thu Apr 30, 2009 11:23 pm

Tavish wrote:The vast majority of Americans are dirtbags.

No.
Tavish wrote:I wonder what the reason is he didn't just buy it at the place advertising it? Seems like it would have eased some of the pain and suffering he had to go through.

Yes.
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Re: Hero or Opportunist?

Postby Madison » Fri May 01, 2009 2:10 am

Tavish wrote:I wonder what the reason is he didn't just buy it at the place advertising it? Seems like it would have eased some of the pain and suffering he had to go through.


Most likely they were out of stock, which according to some (if not all) of the price match guarantees I've seen, they will only match the price of items that the lower priced store actually has in stock.

As to the guy, I'm mixed. If Sears really did do something wrong, then absolutely take them to court and make them pay for it. However, I would be led to believe that the Sears legal department left enough loopholes in their "guarantee" to make sure they avoided any possible lawsuits arising from not following the policy. So I dunno, I'll go with whatever the court says. :-D
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Re: Hero or Opportunist?

Postby pokerplaya » Fri May 01, 2009 2:35 am

Hahahaha...that Sears is down the block from me. :-b
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Re: Hero or Opportunist?

Postby CadensDad » Fri May 01, 2009 2:47 am

I hate seeing crap like this, I doubt that guy even had the money to buy the TV in the first place,
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Re: Hero or Opportunist?

Postby thedude » Fri May 01, 2009 8:24 am

Madison wrote:
Tavish wrote:I wonder what the reason is he didn't just buy it at the place advertising it? Seems like it would have eased some of the pain and suffering he had to go through.


Most likely they were out of stock, which according to some (if not all) of the price match guarantees I've seen, they will only match the price of items that the lower priced store actually has in stock.

As to the guy, I'm mixed. If Sears really did do something wrong, then absolutely take them to court and make them pay for it. However, I would be led to believe that the Sears legal department left enough loopholes in their "guarantee" to make sure they avoided any possible lawsuits arising from not following the policy. So I dunno, I'll go with whatever the court says. :-D


Well with the Sears price match guarantee the consumer also saves an additional 10% of the difference. So the guy would save $1200 plus an additional $120 dollars for a total savings of $1320.
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