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Lawsuit Against Gamestop...


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#1 arashd

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Posted 18 December 2005 - 04:14 AM

Let me start by saying I got my 360 by waiting in line, so I am not affected by this personally. However I am honestly considering meeting with an attorney regarding the potential for a lawsuit against gamestop. They obviously have thousands of preorder unfullfilled around the country, many of which have been payed for in full. Yet they are receiving stock and selling them on their websites in high priced bundles as we all know and hate. Gamestop stores and online site is one company, they are not franchises. Therefore it would seem logical that if they are willing to take your deposit or money for a presale, then they must be required to fullfill before moving on to other customers. This is the essense of a the presale. They have been receiving thousands of units all week and unloading them in expensive bundles online. This is not so much a complaint, but I want to know if anyone can speak with certainty regarding the legality of this. Please don't a yes or no unless you really know what you are talking about. This seems like one of those cases and agressive attorney would be willing to take so they can get a settlement where the attorneys and firm usually will get a cash settlement fee and all the customers will get something like $50 store credit. This is exactly what happened in the 3G Apple Ipod Battery settlement.

What do you all think?

#2 Erick

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Posted 18 December 2005 - 04:17 AM

your right 100%...

#3 IAmCanadian

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Posted 18 December 2005 - 04:27 AM

Defenatly(sp?) go for it!

#4 Gbeav

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Posted 18 December 2005 - 04:33 AM

They have stated online and regular stores are 2 diff businesses. And quit with the lawsuits, just dont support them anymore.

#5 Thyatis

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Posted 18 December 2005 - 04:34 AM

I was thinking about this myself, they have done something wrong and should pay for it. It should be illegal what they are doing. KEEP me informed


#6 Souske

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Posted 18 December 2005 - 04:35 AM

depends if there is any sort of actual physical contract the store enters into when you preorder, and what that contract entails. If there IS a contract, then you must know if there is a time constraint in that contract. If there IS a time constraint, what that time constraint is. The contract may say within the year, 6 months, or 2 years even. Check out these things, if none of them exist, you're wasting your time and money.

If there IS a contract which states that preordorees are entitled to the product when it is recieved by the store, and you manage to put this through to a competent judge, then you'll be a hero.

#7 JRBLACK

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Posted 18 December 2005 - 04:36 AM

I am in nashville and I am one that fell to the scam.I still have not recieved my xbox and I was like 12 or 13 on the wait list.If you are gonna do anything please let me know I would be more than happy to join in since my kids will now be without an xbox for christmas.I didnt prepay but I did put down a $50.00 deposit.Iam furious over this whole thing enough to where I still have an unopened game I will be returning to them.If i can find one somewhere else someone please point me in that direction.

#8 CKwik240

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Posted 18 December 2005 - 04:47 AM

Great...another lawsuit to drive up the price of consumer goods. Get a clue people. Who do you think actually pays for all the frivolous suits in the world? We do. Certainly, it comes directly from a losing defendant's pockets, but in the case of a product, it end up eventually coming out of the consumer's pockets in the form of higher prices. And here's the kicker. The individuals who gain the most are the attorneys. And guess what....in essence, we are paying them too. And even if the plaintiff loses, the defendant wil have paid their defense attorneys as they charge by the hour. Plaintiff attorneys typically work on a contingency basis(percentage of the settelement). We lose either way.

Now this is not to discourage lawsuits, but rather, pick and choose your battles. Make sure the suits you file are REASONABLE.

#9 xenovis

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Posted 18 December 2005 - 04:47 AM

I have sent 2 emails to EBgames customer support:

1:
I just got off the phone with my local EBgames store where myself and a friend preordered Premium Xbox 360’s paid in full back in early August. While I understand why we did not get ours in the first shipment, I do not understand why my local EBgame stores are receiving so few. Why my local Walmart, Target, and Sears have been receiving shipments of 2 to 5 units twice this week. While my 3 local Best Buy stores have received 96 Xbox 360’s respectively this week: (Best Buy #186 – 26units/ BB# 209 – 40units/ BB#302 – 30units), my local EBgames stores have not received any, and are due to receive less than 5 units each “sometime” next week. I wanted to find out what is going on, and how at this current rate less than a quarter of your preorder sales in these stores will be fulfilled at the beginning of next year, while bundle orders have been taken and shipped from your site Ebgames.com.


2:
I find it quite strange that the 2 stores in my area (Boulder Colorado) have each gotten less than 10 systems within a month of release, while every other company selling 360’s have gotten nearly 10 times that amount and they didn’t take preorders. Meanwhile EBgames.com has been selling and shipping ultimate bundles since launch. Given that they may be partially separate from your storefronts it seems as if GameStop/EBgames are shorting units to their storefronts in order to sell the more expensive bundles on your site which have already gone through preorder cycle. How can I consider this anything more than a slap in the face?


Ebgames Responded with the following:

Thank you for contacting EBgames.com.


We are all very disappointed that we were unable to offer more hardware
systems at launch. We are working closely with MS to get
additional systems as quickly as we can.

We recommend that you keep your place on the list with the EBgames
store. All retailers are in the same situation with lower than expected
availability and it may be very difficult to find a system. If you have
a specific place on our list then you will be notified as soon as your
system is available.

The inventory for the store locations and the website is separate.
In order to best assist you with your specific order, you would need to
contact the store directly for the most up to date information. For
store information, including address and phone number, please visit the
following link below:

http://clients.mapqu...cator?link=find


If you have any other questions, please feel free to respond to this
email.

Edited by xenovis, 18 December 2005 - 04:49 AM.


#10 arashd

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Posted 18 December 2005 - 04:51 AM

QUOTE(xenovis @ Dec 18 2005, 03:54 AM) View Post

I have sent 2 emails to EBgames customer support:

1:
I just got off the phone with my local EBgames store where myself and a friend preordered Premium Xbox 360’s paid in full back in early August. While I understand why we did not get ours in the first shipment, I do not understand why my local EBgame stores are receiving so few. Why my local Walmart, Target, and Sears have been receiving shipments of 2 to 5 units twice this week. While my 3 local Best Buy stores have received 96 Xbox 360’s respectively this week: (Best Buy #186 – 26units/ BB# 209 – 40units/ BB#302 – 30units), my local EBgames stores have not received any, and are due to receive less than 5 units each “sometime” next week. I wanted to find out what is going on, and how at this current rate less than a quarter of your preorder sales in these stores will be fulfilled at the beginning of next year, while bundle orders have been taken and shipped from your site Ebgames.com.
2:
I find it quite strange that the 2 stores in my area (Boulder Colorado) have each gotten less than 10 systems within a month of release, while every other company selling 360’s have gotten nearly 10 times that amount and they didn’t take preorders. Meanwhile EBgames.com has been selling and shipping ultimate bundles since launch. Given that they may be partially separate from your storefronts it seems as if GameStop/EBgames are shorting units to their storefronts in order to sell the more expensive bundles on your site which have already gone through preorder cycle. How can I consider this anything more than a slap in the face?
Ebgames Responded with the following:

Thank you for contacting EBgames.com.
We are all very disappointed that we were unable to offer more hardware
systems at launch. We are working closely with MS to get
additional systems as quickly as we can.

We recommend that you keep your place on the list with the EBgames
store. All retailers are in the same situation with lower than expected
availability and it may be very difficult to find a system. If you have
a specific place on our list then you will be notified as soon as your
system is available.

The inventory for the store locations and the website is separate.
In order to best assist you with your specific order, you would need to
contact the store directly for the most up to date information. For
store information, including address and phone number, please visit the
following link below:

http://clients.mapqu...cator?link=find
If you have any other questions, please feel free to respond to this
email.


Well this response from EB is totally unacceptable. They simple said the inventory is different. That means nothing. That means they can get a shipment of 1000 units, place 1 in the Store trunk, and place 999 in the Online Truck. That is what EB CHOSE to do with their allocation. it was their CHOICE to sell those console at higher prices bundles rather than fulfill the preorder. This is what I want to address with litigation. I think a precident needs to be set for all consumer goods stored regarding this type of situation.

#11 xenovis

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Posted 18 December 2005 - 04:56 AM

I am usually against these types of lawsuits but having to deal with this first hand, I would be apart of it.

#12 feflicker

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Posted 18 December 2005 - 04:58 AM

QUOTE
I think a precident needs to be set for all consumer goods stored regarding this type of situation


I agree.

I don't understand why people would discourage you from filing a lawsuit. If you win, that means the law WAS broken. If you lose, it wasn't. It is that simple. I don't see how a lawsuit can be "frivolous" if you win or lose. If the case is thrown out of court, then it is frivolous. If you believe you have a case, go for it. That is why we have a legal system.
wink.gif

#13 Striker911

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Posted 18 December 2005 - 05:23 AM

i would go along with this but im not sure if you have a leg to stand on..

im just wondering does it say anywhere on your receipt saying limited quanity? or if its avialable? you should or shouldn't get one?

#14 damienrichter

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Posted 18 December 2005 - 05:25 AM

Umm...you probably do not have a cause of action against Gamestop/EB Games. Therefore, your lawsuit will get thrown out by the judge before you even get a hearing. I doubt you have an action for breach of contract because the language of the pre-order is not binding, IIRC. So suck it up, but a 360 somewhere else and do not do business with these companies again.


#15 Souske

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Posted 18 December 2005 - 05:31 AM

one of you preorder guys, did they give you any sort of reciept or pamphlet with your preorder? If so, pleas post it. And please remember to censor out your name, address, etc.




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