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Forum: Pentax Price Watch
08-17-2014, 02:17 PM
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Well, I have no dog in this fight, since I did not order the deal. However, I have the following thoughts (speaking as a lawyer, albeit not one practicing in New York).
1. The "damages" each purchaser has suffered would presumably be less than $500.00 each. That would typically mean small claims court proceedings, or its equivalent. How many people would bother to do anything over that amount? Not many. Of course, the costs of filing such an action are pretty low as well, and you typically don't need an attorney, but can represent yourself. Conversely, for someone who does file, in whatever state (despite forum selection clauses), it is hardly worthy Adorama's time to fight it either, since the attorney fees/cost of defense would exceed the amount at issue as well.
2. I wonder how the people who paid via PayPal fit into the terms and conditions? The money would have actually transferred to/been accepted by Adorama's account. Would that not be a "completed transaction" - despite any refund later provided?
3. It probably would be wise to keep things in a larger perspective Adorama, B&H and the like do offer very good deals which are not generally available elsewhere. If a clear pricing error is made which cuts into the profits, then there will be an impact later on and elsewhere, adverse to potential consumers. Is that really in anyone's interests? Of course, if this happens frequently, then the real damage would be to Adorama's reputation and good will.
Just some random thoughts.
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