Circuit City Price Guarantee - Breaches

[flipper812002]

no thanks are needed on my end it is actually the consumers that should thank you, Because of what you are doing they just might change policy to make it easier for regular people to claim the price garantee. If not they will most certainly change the way they advertise to a more truthful manner.

[PhunkyDork]

3Bikes: Your intentions are both exciting and interesting. We live in America; land of the capitalist; where the big dog eats, and the wimpy dog goes hungy. I rely on that as my response to those whom claim "you are getting that money out of the average consumer by way of CC."

I'm not surprised that CC sent you the refund by way of your credit card, and I certainly hope that you recieve express written description, including posting amounts, of why it was granted to you. I say this because I had a credit card reversal *reversed* last week after they hastily undid the charge, and then reposted without any formal paperwork. Don't send CC anything until you have something in your hand as to why it was sent so that you have explicit reason to deny a chargeback. You wouldn't want to send them the overage and then have them turn around and fight the chargeback (I am not aware of the statue of limitations on a credit card chargeback in CT).

Kudos on your efforts to keep this agressive, money-hungry country playing on a level field that encourages honest salesmanship and higher value. THIS is why the rest of the world hates us; we work hard and we don't take poop *(auto-edited by RR) from liars or cheats!

[3bikes]

Well, Circuit City and Chase VISA are apparently competing for the titles of Dumb and Dumber.

Referring to my update posted as Message #33 in this string, readers will note that I finally got my price match out of Circuit City, primarily by means of disputing a portion of the charge that Circuit City posted to my VISA account. This was done under the Fair Credit Billing Act.

Actually, Circuit City had Chase credit my account for about $90 more than the amount I had put into dispute, arguably earning Circuit City the title of Dumb.

But the title of Dumber has to go to Chase. In response to the following (slightly expurgated) telefax, they have now sent me a check for $50.

2/23/07
To Whom It May Concern,
I have today received your letter, dated 2/16/07, which responds to my dispute letter dated 1/9/07.
As my dispute letter was sent to you via certified mail,
and as the USPS has confirmed delivery of this letter on 1/12/07, and as
your response was dated 2/16/07, it can now be determined
with certainty that your response was not mailed with the
30 day period mandated by 15 USC 1666(a) (3) (A).
Accordingly, it can now be determined with certainty that,
pursuant to 15 USC 1666(e), Chase has forfeited the right
to collect from me the amount I have placed into dispute,
and any finance charges thereon, with the amount forfeited
not to exceed $50.
Sincerely,
/3bikes/

The forfeiture under 15 USC 1666(e) limits (by $50) the amount that Chase could have collected from me, should my dispute have been decided against me. But it does not represent an amount owed to me by Chase. As noted above, the dispute was resolved in my favor and I received the price match in the form of a credit to my VISA account. My debt to Chase was expunged by the favorable resolution of the dispute and, at this point, the forfeiture was similarly expunged. Chase should not have sent me a check for $50. Apparently the folks at Chase do not have a very good understanding of the banking laws. I have written to Chase offering to return the $50.

As noted previously, Circuit City has not filed an answer in my small claims suit, in which I have asked for damages that exceed, by about $4500, the amount of the price match wrongfully withheld by Circuit City. (The remaining $4500 in damages are essentially punitive, for violation of the Connecticut Unfair Trade Practices Act.) Had this case gone to trial I expected that the small claims magistrate would have awarded little or no punitive damages under CUTPA. But as Circuit City never filed an answer in the suit I may actually obtain a default judgment that will vastly exceed the price match originally in dispute. If this happens I will attempt to collect the judgment, and Circuit City will retake the title of Dumber.

Regards,
3bikes

[3bikes]

So, Atomic deleted, referring to your message below and posts 33 and 38, do you still think Circuit City's lawyers are such hot stuff?

Originally Posted by Atomic Rooster

I hope your lawyers are better than their lawyers because you'll lose on this one. The Black Friday “6 Hour Special” sale squarely falls under the "does not apply to special offers or promotions" clause as the "6 Hour Special" sale is a special offer and or promotion.

The next time you insult another member under the pretense of flamebaiting, you will be banned from ResellerRatings. - RR Staff

[PhunkyDork]

I think you should donate the money to an open source project that you deem benefits the technology world and forces the corporate world to stay more competitive. Competition drives prices down, but it can also drive customer service up... just look at Crutchfield.com

[northsider66]

3bikes i wish to speak to you about this common problem we have with circuit city, please email me at randyou@cox.net

[ivirtuosityi]

My opinions, and, I too, have an understanding of the law. I really did not quite understand the full procedures of this case or story until I read every comment and post on this thread. After reading the first argument made by 3bikes, I was all for him. However, after reading posts regarding the "6 hour special" and the note on the fine print that says "Excludes Black Friday", I really have no hope left for 3bikes.

Special note:
If a Circuit City ever denies you a price adjust on a same model product in a store that is close, contact me at ivirtuosityi@gmail.com and describe your situation. I will ask my son, and the manager who is my friend and see what is going on. Sometimes the people at some work places are pricks too, so we'll get better opinions.

The most you're going to get is a settlement of a small amount sum.

Also, I used to work for a circuit city when I was 16 years old, and realistically I have had customers who were stupid beyond a doubt. My son now works there and trust me, I've had my share of stories told to me, that I can relate to.

They include people who come into the store and compare tvs who a vizio over a sony because it has a higher contrast ratio, but the truth is YOU CANNOT compare contrast ratios between two companies.

(2) is when customers come in and say, yes it will definitely fit in my car when they purchase a plasma tv, and only bring a SUV. A PLASMA WILL NOT FIT INTO A GMC ONLY SO PEOPLE, GET SOME COMMON SENSE OR HAVE THE NERVE TO TAKE THE ASSOCIATES QUESTION SERIOUSLY AND TELL THEM.

(3) When they think that the picture in the store (hi def) will be the picture they see at home because they think a HDTV has built in High Definition

(4) When a neighbor has a Vizio and you come into the store, having not looked at any other tv and wanting one. THE VIZIO IS A HORRIBLE TV, great cost, but horrible.

(5) THE MOST IMPORTANT FAILURE OF CUSTOMERS.
When they think they can bargain like a flea market. You cannot negotiate a price on a TV that is not OPEN BOX. I once was with my son, and a gentlemen came in excepting us to give him a great deal just because he was a customer. He wanted the new model Toshiba DLP for the price of an older model Toshiba DLP. THERES A REASON WHY THE NEWER MODEL COST MORE, ITS NEWER AND HAS A BETTER ENGINE USUALLY. HE then asked for the SONY XBR DLP for the price of a SONY DLP of the same size. It was a 800 dollar price difference and he simply asked my son "WHy cant you just give me this better tv for the price of the older tv".
THe guy was an idiot and I would be embarassed to ever represent a CHEAP gentlemen like this.

(6) When customers think they can get a discount because they buy a TV and a stand. WOWWWW a tv and a stand. My son has had tickets with way better things than that. One specific one was a 46 inch sony XBR, and a 32 inch sony s3000. Also there was a sony blu ray player, Denon receiver w/ boston acoustic speakers, speaker wire, Monster HDMI (2x), digital fiber optic (2x), component video (1x), Omnimount TILT for tvs 36 inches up, cantilever mount for medium tvs, FIREDOG Wall Mount installtion for XBR, Firedog Premium surround sound system, Firedog basic for the 32 inch tv, and delivery. And best of all, 5 year plan on the XBR, 3 year on the 32 inch sony. NOW TELL ME THAT TICKET WAS over $10,000. No discount applied
PLEASE if you can go into a store and ask for a discount for just spending $2,000, then you ARE CHEAP. Yes you can be looking for a good deal, but please, it is not a flea market or a car dealship. AND THE PEOPLE THERE DO NOT MAKE COMMISION, so cut them a break.

(7) When they buy there tv based on Consumer Reports. An LG 720p Plasma is not better than a Panasonic 1080p Plasma. Trust me, consumer reports also bases price in there, they dont really base it all on quality. And the consumer report was probably talking about the 1080p LG not a 720p.

Companies have good days and bad days. Sometimes there busy, and they can't help you, but will try as soon as they are done with another customer. You can interupt an associate to ask if they can help you next, BUT NEVER ask an associate to stop helping who they are helping now to help you. I have seen that, very disrespectful.


Oh and to reaffirm my position, yes Black Friday is a special event. I mean 3bikes, if you don't consider Black Friday a special event, then obviously your like many of those customers who have no common sense. An event that only happens 1 TIME OUT OF THE WHOLE YEAR is considered special indeed.

Your case should have no hope, and should be dismissed. Circuit City has not breached their contract, they have only protected it by not giving you a refund due to a SPECIAL EVENT SALE. And when there is a sale one a week that brings a tv down 400 dollars, is it not considered a SPECIAL PROMOTION OR EVENT because there is specific reason why it is on sale. Its 400 dollars cheaper on Black Friday for a reason, because it is a special event. IF YOU DO NOT CONSIDER BLACK FRIDAY A SPECIAL EVENT, THEN YOU DONT DESERVE TO CELEBRATE HOLIDAYS especially thanksgiving or christmas.

But likely, at least what i have experienced, Circuit City will just let it flow out as long as possible then give you a check to reimburse to save you the embarassment in appeals. Most likely, you will not win (ruled in your favor), but you will default. Monetarily you will win, but legally you will not.

Oh and you will probably have a long response to this, but in the end, whatever we say won't matter.

Oh and I don't see why you guys with PRICE matching have this issue. The stores that the circuit city in NC usually match are places like Staples, Sears, Walmart, Best Buy, etc..

They dont usually match walmart because there models are all old, especially on TVs

I have never denied a customer, or have been denied a price adjustment. Also the thing about Brandsmart, is true. They do not price match places like Costco or Bjs or Sams Club, because they sell old models, and you pay to have membership.

If a Circuit City ever denies you a price adjust on a same model product in a store that is close, contact me at ivirtuosityi@gmail.com and describe your situation. I will ask my son, and the manager who is my friend and see what is going on. Sometimes the people at some work places are pricks too, so we'll get better opinions.

[www2000]

I have a VERY hard time believeing you are an attorney as no attorney would waste their time putting that much effort into personal details and experiences like you have. How much would everyone here owe you for your words of wisdom if you were really an attorney! I see you have edited that out because you realize how foolish you sound trying to pretend you are someone you aren't. Good ideal! As for the rest, I agree with your reply. Some people are cheap, and usually they are the rich ones. So apparently they are doing something right! Annoying or not, they are where they want to be. Shall we damn them because they are different than you? Me? I shall think not. I think we need to just allow our voices to be heard without the damnation going on!

Originally Posted by ivirtuosityi

I, too, am I an attorney and these are my opinions. Please do not take this in anyway as a sided argument at all. I really did not quite understand the full procedures of this case or story until I read every comment and post on this thread. After reading the first argument made by 3bikes, I was all for him. However, after reading posts regarding the "6 hour special" and the note on the fine print that says "Excludes Black Friday", I really have no hope left for 3bikes. First of all, large corporations have lawyers that get paid hundreds of thousands of dollars each year to make sure they don't in fact lose money or get embarassed. I have seen many claims, that have a higher legal bearing and a greater chance, that have actually been settled with the plaintiff receiving a sum of money to basically just "shut them up".
Special note:
If a Circuit City ever denies you a price adjust on a same model product in a store that is close, contact me at ivirtuosityi@gmail.com and describe your situation. I will ask my son, and the manager who is my friend and see what is going on. Sometimes the people at some work places are pricks too, so we'll get better opinions.

The most you're going to get is a settlement of a small amount sum.

Also, I used to work for a circuit city when I was 16 years old, and realistically I have had customers who were stupid beyond a doubt. My son now works there and trust me, I've had my share of stories told to me, that I can relate to.

They include people who come into the store and compare tvs who a vizio over a sony because it has a higher contrast ratio, but the truth is YOU CANNOT compare contrast ratios between two companies.

(2) is when customers come in and say, yes it will definitely fit in my car when they purchase a plasma tv, and only bring a SUV. A PLASMA WILL NOT FIT INTO A GMC ONLY SO PEOPLE, GET SOME COMMON SENSE OR HAVE THE NERVE TO TAKE THE ASSOCIATES QUESTION SERIOUSLY AND TELL THEM.

(3) When they think that the picture in the store (hi def) will be the picture they see at home because they think a HDTV has built in High Definition

(4) When a neighbor has a Vizio and you come into the store, having not looked at any other tv and wanting one. THE VIZIO IS A HORRIBLE TV, great cost, but horrible.

(5) THE MOST IMPORTANT FAILURE OF CUSTOMERS.
When they think they can bargain like a flea market. You cannot negotiate a price on a TV that is not OPEN BOX. I once was with my son, and a gentlemen came in excepting us to give him a great deal just because he was a customer. He wanted the new model Toshiba DLP for the price of an older model Toshiba DLP. THERES A REASON WHY THE NEWER MODEL COST MORE, ITS NEWER AND HAS A BETTER ENGINE USUALLY. HE then asked for the SONY XBR DLP for the price of a SONY DLP of the same size. It was a 800 dollar price difference and he simply asked my son "WHy cant you just give me this better tv for the price of the older tv".
THe guy was an idiot and I would be embarassed to ever represent a CHEAP gentlemen like this.

(6) When customers think they can get a discount because they buy a TV and a stand. WOWWWW a tv and a stand. My son has had tickets with way better things than that. One specific one was a 46 inch sony XBR, and a 32 inch sony s3000. Also there was a sony blu ray player, Denon receiver w/ boston acoustic speakers, speaker wire, Monster HDMI (2x), digital fiber optic (2x), component video (1x), Omnimount TILT for tvs 36 inches up, cantilever mount for medium tvs, FIREDOG Wall Mount installtion for XBR, Firedog Premium surround sound system, Firedog basic for the 32 inch tv, and delivery. And best of all, 5 year plan on the XBR, 3 year on the 32 inch sony. NOW TELL ME THAT TICKET WAS over $10,000. No discount applied
PLEASE if you can go into a store and ask for a discount for just spending $2,000, then you ARE CHEAP. Yes you can be looking for a good deal, but please, it is not a flea market or a car dealship. AND THE PEOPLE THERE DO NOT MAKE COMMISION, so cut them a break.

(7) When they buy there tv based on Consumer Reports. An LG 720p Plasma is not better than a Panasonic 1080p Plasma. Trust me, consumer reports also bases price in there, they dont really base it all on quality. And the consumer report was probably talking about the 1080p LG not a 720p.

Companies have good days and bad days. Sometimes there busy, and they can't help you, but will try as soon as they are done with another customer. You can interupt an associate to ask if they can help you next, BUT NEVER ask an associate to stop helping who they are helping now to help you. I have seen that, very disrespectful.


Oh and to reaffirm my position, yes Black Friday is a special event. I mean 3bikes, if you don't consider Black Friday a special event, then obviously your like many of those customers who have no common sense. An event that only happens 1 TIME OUT OF THE WHOLE YEAR is considered special indeed.

Your case should have no hope, and should be dismissed. Circuit City has not breached their contract, they have only protected it by not giving you a refund due to a SPECIAL EVENT SALE. And when there is a sale one a week that brings a tv down 400 dollars, is it not considered a SPECIAL PROMOTION OR EVENT because there is specific reason why it is on sale. Its 400 dollars cheaper on Black Friday for a reason, because it is a special event. IF YOU DO NOT CONSIDER BLACK FRIDAY A SPECIAL EVENT, THEN YOU DONT DESERVE TO CELEBRATE HOLIDAYS especially thanksgiving or christmas.

But likely, at least what i have experienced, Circuit City will just let it flow out as long as possible then give you a check to reimburse to save you the embarassment in appeals. Most likely, you will not win (ruled in your favor), but you will default. Monetarily you will win, but legally you will not.

Oh and you will probably have a long response to this, but in the end, whatever we say won't matter.

Oh and I don't see why you guys with PRICE matching have this issue. The stores that the circuit city in NC usually match are places like Staples, Sears, Walmart, Best Buy, etc..

They dont usually match walmart because there models are all old, especially on TVs

I have never denied a customer, or have been denied a price adjustment. Also the thing about Brandsmart, is true. They do not price match places like Costco or Bjs or Sams Club, because they sell old models, and you pay to have membership.

If a Circuit City ever denies you a price adjust on a same model product in a store that is close, contact me at ivirtuosityi@gmail.com and describe your situation. I will ask my son, and the manager who is my friend and see what is going on. Sometimes the people at some work places are pricks too, so we'll get better opinions.