Uh oh Dell

[ScorpDX]

1. Can you really argue that you thought the price was a reasonable price?

Considering the ever dropping price of the Xbox which is slowly getting outdated it's not that hard to think it might have taken another price drop and been on sale. Looking at ebay I see several of the original xbox's with lots of extras for $30-$50. Maybe the buyer was/is someone not familiar with gaming systems and didn't know the exact value. Not impossible.

2. How in the world are you going to argue that you've been harmed in any way when they haven't even taken any money from you?

Hey little Johnny, I bought you an xbox....Oh wait, now you're not getting it!

3. How are you going to argue Dell processed the order when they didn't even take your money?

That's where I read it to be up to a higher power (read judge) to determine the definition of processed. He placed the order with the payment information. At what point does the order become "processed"?

4. Are you really going to spend thousands of dollars suing Dell to force them to sell you a $50 XBox?

Ever used small claims court? It varies by state but usually in the neighborhood of $50 or so to file. That fee you get back as part of the judgment against the defendant if you win. Most big companies won't even send a lawyer to fight it over a $300 (just a guess on xbox value) suit. They just let you win by default and mail a check when they get the order to pay.

 

[A.Nonymous]

Considering the ever dropping price of the Xbox which is slowly getting outdated it's not that hard to think it might have taken another price drop and been on sale. Looking at ebay I see several of the original xbox's with lots of extras for $30-$50. Maybe the buyer was/is someone not familiar with gaming systems and didn't know the exact value. Not impossible.

Brilliant argument. Just like someone who's not familiar with cars might think that the 2011 Mercedes listed for $5,000 instead of $50,000 is a legitimate price. Hey, they knew nothing about cars. That's a reasonable price. Please show me any brand new console on the market for $50.

Hey little Johnny, I bought you an xbox....Oh wait, now you're not getting it!

You're really going to argue emotional damages? Do enjoy the judge laughing his ass off at you.

That's where I read it to be up to a higher power (read judge) to determine the definition of processed. He placed the order with the payment information. At what point does the order become "processed"?

Generally when the merchant accepts payment. At that point you can argue that you were harmed in some way. When you've made no payment and they've made no promise to deliver anything, how can you argue you were harmed?

Ever used small claims court? It varies by state but usually in the neighborhood of $50 or so to file. That fee you get back as part of the judgment against the defendant if you win. Most big companies won't even send a lawyer to fight it over a $300 (just a guess on xbox value) suit. They just let you win by default and mail a check when they get the order to pay.

So you're going to pay $50, take time off work, and spend time filing paperwork just to get what is now a $100 Xbox? Plus all the time you had to take off work? Really? Do you not have a life?

 

[ScorpDX]

Brilliant argument. Just like someone who's not familiar with cars might think that the 2011 Mercedes listed for $5,000 instead of $50,000 is a legitimate price. Hey, they knew nothing about cars. That's a reasonable price. Please show me any brand new console on the market for $50.

$50 mistaken price for $200 actual is a lot different than $5,000 mistaken for $50,000. It's not unheard of for a price to drop 75% when profit margins are in the lower dollar amounts.

You're really going to argue emotional damages? Do enjoy the judge laughing his ass off at you.

Just depends on the judge. Might or might not work. Plenty of dumber lawsuits have been won.

Generally when the merchant accepts payment. At that point you can argue that you were harmed in some way. When you've made no payment and they've made no promise to deliver anything, how can you argue you were harmed?

what exactly do you consider a promise to deliver? All the online shopping I do generally includes something to the effect of...

Your item will be shipped to....
Expected delivery date....

Looks like a promise to deliver to me

So you're going to pay $50, take time off work, and spend time filing paperwork just to get what is now a $100 Xbox? Plus all the time you had to take off work? Really? Do you not have a life?

I forgot the lost wages part. Again depending on the state, you can add those into the judgement you're seeking. As for not having a life? Well if a buyer wants to use the justice system to make someone uphold their end, then that's their choice. I'm not say I would do it. Just that it's possible to do. Some people do it just on general principle. I saw an article in one of the law journals awhile back about a kid who sued for $10 over some pokemon cards. Simply because he knew that he was right!

It's all about ones ambition to be right and get what they want!

 

[Bob Maxey]

A mistake may be just that but it's not an excuse for breaking a law. If I go kill someone by mistake can I just say "oops...sorry...it was a mistake" and go on like everything is fine? I realize that's a huge stretch so lets go to something minor. Let's say I'm driving along and my car happens to roll downhill and gain speed. I get a ticket for doing 10mph over the limit. It was a mistake caused by downhill momentum but the law is still the law!

If I'm a bad person for expecting a retailer to live up to the price they advertised then so be it!

I realize mistakes happen. If the company figures it out (probably by someone exploiting it) and decides to change it after the fact, I'm ok with that. In fact I've seen a few times a sign on the front door of a business explaining the mistake and the new price. However, if a consumer has already expressed interest in purchasing an item for an advertised price (the bait) and they then decide to change (the switch) the price on the item then...well...bait and switch!

Just my opinion...

Wow . . . you go from price errors to killing to vehicle malfunctions. Not at all close or relevant, I must say. Certainly in no way related to mistakes in prices.

I suppose if your local auto dealer advertised Ford Explorers for $99.95, you would want the vehicle and a nickle in change, huh? Lots of customers would express interest at that price, but in no way is the retailer expected to deliver or required to sell at the mistaken price.

That is simply the way it is.

Bob

 

[byteware]

For Dell to be guilty of Bait and Switch... there must be, well, a switch.

The "mistake" must have been intentional for the purpose of bringing people to the site (hence the bait) and getting them to buy something more expensive (the switch).

Up until the point that the customer pays for the merchandise, Dell can cancel the order at any time. For instance, say their supplier for that type of processor, or that type of video card had a major fire, and they wouldn't be able to make the product. (Dell makes the product after you order it, for those that don't know).

So, no bait... (an honest mistake)... no switch(no attempt to guide you to something more expensive).

 

[Thefoodman52]

To the people here claiming they have a right to be mad at the company for messing up, and not letting them buy the stuff at the stupid price; y'all are bums, man.

I mean really. I, personally, feel like a shit bag when I find out stuff like that happebs to me. Yea, you can use the excuse that the companies make millions and billions of dollars in profit each year, but a loss is a loss. I know if I was the owner of a large company, I'd count evey loss for what it is: a loss.
Even if the loss is greedy people wanting to spin profit off of everyone else.

It just seems really greasy and sleezy to abuse or fight for a mistake someone made. That's childish in my mind. Screw someone else over for your own self benefit. In the navy, there's a phrase to live by. Ship, shipmate, self. In just about every case, if people looked at each other like normal people, and not just call everyone but themselves jackasses and assholes, we'd be MUCH better off.

Eh... shit like this gets me real agitated in a hurry.

 

[jamor]

If you put your car up on craigslist for $500 instead of $5,000 and someone came by and said I'll take it for $500 - what would you do?

Exactly. No recourse - prices always subject to approval/change.

 

[Btros]

Deals like this you just have to jump on and hope they honor it -- but you can't get upset or angry if they don't. You're not out anything if they don't honor the mistake.

Expedia had a glitch a couple of months ago that I jumped on -- two round trip plane tickets to Vegas, two hotel rooms for two nights (I booked TI) and $50 resort credit on both rooms, all for free. Expedia honored the over 10,000 people who booked it. At $300 per person, they "lost" over $3 million on it. But they honored it. I expected them to cancel it up to the day my flight left.