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Being sued by tigerdirect.com for there screw up

BBB, FTC, and FBI (transaction crosses state lines and is in excess of $10K.

reply to ctaul
You should be talking to a lawyer.

reply to ctaul
Well, since you solicited a personal opinion, not legal advice, here's mine:

You should keep, sell, or dispose of the routers as you wish because they are yours. If it was your intent to sell some or all of the routers you purchased, there is no reason not to do so. However, hold onto the money until you have cleared this lawsuit. Get a lawyer, move for dismissal of their suit based on the evidence of purchase, plus any violation of procedural issues that may be involved. Hit them with recovery of your attorneys fees and costs, and a countersuit for harassment and defamation for filing their frivilous lawsuit besmirching your good name.

You do not have to justify your purchase of the routers. Their offer, intentional or not, was accepted. They had ample opportunity to discover any error on their part, and void the sale before delivering the routers to you, if that is the basis of their complaint. In fact, they had a legal obligation to do so, else suffer the consequences, including bearing any cost, loss, storage fees, or recovery costs.

In any case, since they do not have a physical presence in your home state they are at significant disadvantage. Ideally, you will wind up with court affirmation of your rightful ownership of the routers, and your attorney fees and costs. The least you should come away with is an apology from Tigerdirect, along with substantial cash settlement in your favor, and your attorney fees and costs. Worst case; you lose, they get the routers back, you are out a few bucks.

I sure as hell would not knuckle under to Tigerdirect's harassment and legal thuggery, but that's me.

reply to ctaul
Dude, take this to your local station or better yet, a national show that may be interested. I am almost 100% certain that TigerDirect would rather you keep those routers than have their imaged tarnished over their own mishap.
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The only place where Success comes before Work is in the dictionary.

yea i was thinking the same thing this whole thing is rediculous...but there not getting there money back either way there in florida and im in texas lol hahaha

reply to ctaul
A judge may take your intentions into account so I deffinitely wouldn't go around saying that I was curious because it almost states that you knew the price was wrong.
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NYC Pagans | NYC Pagan Resource

reply to ctaul

reply to ctaul
I'm no lawyer, but I think you're going to get raped in court. My advice: Call Tiger and politely ask them to drop the lawsuit if you ship all the routers back to them.

You do still have them, right?
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Official BBR Grouch

reply to ctaul
Well...this is a no brainer. If something on a website is marked zero dollars, then it probably is some sort of error. You took advantage of that error.

To rectify the situation, you could have sold the equipment you purchased through this "error". What will most likely happen is you will lose your case. You should not even be posting the things that you are posting because that will only count against you in court.

Further more, if you do not pay them back for the loss or return the property, I have no doubt they will probably post it to your credit report, so all the way around, either return the equipment, or pay for it.

Just because you see an error on a website, and you take advantage of it does not mean it is right, and I think the court is going to look at it like that.

He admitted wrongdoing when he said he knew how much the items were supposed to cost.

Basically you are saying, if a business makes a mistake, the person who gains from the mistake should not be held liable if they are asked to return the property, which the business has tried to get him to do.

I guess you would also say if 100 million dollars is direct deposited into your checking account by accident, that you have the right to spend it, and when the error is found out and corrected, and your account is overdraft by 100 million dollars, the bank should be liable, and not you.

He is in the wrong, and he needs to return the items he purchased. Mistakes happen. That is a fact of life, but just because one happens does not mean people have a right to take advantage of them.

reply to ctaul
Personal opinion:

Being in a diff. state is meaningless.

TD wins the case and you do not have the money or routers they will just garnish your wages or put a lean on your property etc.. until they get their money or routers back.

The suggestion by bolt to get a lawyer is a good one.

My suggestion would be not to brag about it and think you got away with something when you knew it was wrong from the start. How hard would that be to prove in court?

Edit* Best of luck one way or another. Let us know the outcome though.

reply to ctaul
ctaul,

Ignore the goody-two-shoes guilt-o-mania and get a lawyer to file for dismissal on the evidence; their offer, your acceptance, purchase and delivery, case closed.

You owe no damages to anyone. If anyone owes damages, it is TD for having besmirched your reputation with their frivolous lawsuit.

If THEY want to make nice and buy the routers back from you, that's fine; i.e., if you WANT to sell them back. While I doubt you'd want to, let them originate that proposal, not you.

Frankly, I'd tell them to kiss my ass, and I'd show up in court with my attorney.

Anyway, that's my non-legal opinion. Good luck.

P.S.- re Grail Knight's comment about garnishment, etc.: I believe TD must sue in your home state, and obtain judgment there, in order to enforce it. It is very hard for one State to enforce a civil judgment by one of its courts in another State as it is beyond their jurisdiction to do so in most cases. So, they can't just garnish your wages, seize your bank accounts, or charge your credit card.

quote:

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So, they can't just garnish your wages, seize your bank accounts, or charge your credit card.

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I am not an attorney, and this is not legal advice, but rather a recital of what I believe to be fact based on my life experience. Most out of state judgments cannot be enforced outside their jurisdiction. So, if I sue you, and win, in Oregon, but you live in Florida, it does me no good whatsoever. I can not compel you to come to Oregon, and there is no way a Florida court gives a rat's ass about some dispute outside its jurisdiction. However, if you ever do move to Oregon, I can slap a lien on your property, or attempt to garnish your Oregon wages, to gain satisfaction of the judgment eventually. But even then, if your income is derived outside Oregon, and/or the bank where you maintain your accounts does not have a branch in Oregon, there is no authority to impose any sanction, and nothing in Oregon's jurisdiction to seize. There are also laws which prevent me from seizing certain categories of assets regardless of location.

No one can charge your credit card without your authorization to do so, period.

I would say laws have been changed to govern Internet shopping and disputes.

Hopefully the OP will post the outcome although his having to ask for advice about what to do IMO does not bode well. Common sense says get a lawyer and do not brag about what you think got away with.
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Cry 'Havoc,' and let slip the dogs of war!

On the rare occasion I purchase items on the web (Software) I have yet to have an issue with returns. I know eventually it will happen but shopping from known vendors cuts down on the potential issues.

Mistakes do happen but a person is crossing the line when they take advantage of the situation that they know to be blatantly wrong as in this case.

It would not be hard for TD to figure out who the OP is vs. who they filed a lawsuit against. TD employees do visit DSLR and seeing the topic sticking out like a sore thumb just begs to be mentioned to a higher up and from there the legal department who would through it into the face of the OP. Money is money and lawyers from both sides want to win.

It does not matter to me one way or the other as I have my own feeling on the matter and common sense or lack of but I would like to hear the outcome.
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Cry 'Havoc,' and let slip the dogs of war!