[DEAD] 4 day sale at overstock.com (Includes Lego Batman for PS3 for $25 and others)

[roguejedi5]

Finally, i can get FFIV for a good price. Been waiting patiently since it came out at the ridiculous price of $40.

[XoLiD]

Is devil may cry (360) worth getting at $20 or should I wait for a lower price?

I really liked DMC4 even better than NG2. But there are places to get them for cheaper such as GameFly for $13 free shipping. And also some Target has them for $15. The Target I go to has DMC4 for $30 but it will drop to $15 soon just like it did with NG2.

[wackfiend]

I was going to get Last Remnant, but they upped the price to 64.99 for some reason...

EDIT: I am so confused. The some pages say $25, some say $65. In my cart it says $65.

[buckythekat]

so it goes from being on sale for more than half off to $5 more than MSRP?

Overstock.com really does suck

oh this is hilarious, from the sale page

Xbox 360 - Last Remnant (http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Last-Remnant/3367956/product.html?IID=prod3367956)
Only $64.99

fucking idiots

[genfuyung]

Would of grabbed SC4 for 25...lame

[djfp]

Not sure if I am ready to pull the trigger on FF IV...is it worth playing through again if I played the GBA version 2 years ago?

[Jon Bon]

Would of grabbed SC4 for 25...lame

Might try calling around to different radioshacks. SC4 is ~$23 with tax

[genfuyung]

Not sure if I am ready to pull the trigger on FF IV...is it worth playing through again if I played the GBA version 2 years ago?

The 3d redesign was supposed to be really great. Gametrailers has a video review of it if your interested.

[JCAll]

I just checked the site, and my account said the game has shipped. Haven't got an email yet, but looks like it didn't get canceled at least.

[sgs89]

Good luck with that. I'm sure they're quaking in their boots about a lawsuit over a $60 video game. ;)

You would be surprised my friend. Ever hear of a class action? Do the Gamestop and EB Games class actions ring a bell?

[opportunity777]

I wish they would rotate some games out. I still don't have Paper Mario and RE:UC for Wii.

Folklore for PS3 would be good.

[XoLiD]

What's up with the 15% cash back? Has anyone received an e-mail from live about it yet?

[darkintragedy]

What's up with the 15% cash back? Has anyone received an e-mail from live about it yet?

Not yet. Sending off an email tomorrow to the live support team.
Even though I bought only 1 game, 3 dollars off is 3 dollars off. :D

[Jesse_Dylan]

Why the hell is Last Remnant $64.99?

[anch]

Last Remnant only $64.99...

what? am i missing something here?

[BigT]

Overstock will permanently lose my business if they cancel my GTA order. You simply don't advertise a price, repeatedly and over an extended period of time, and then fail to honor it.

As I am a lawyer, I am considering my options if and when they cancel...

With the small amount of damages involved... it wouldn't be worth the effort...

[Shady3011]

Last Remnant only $64.99...

what? am i missing something here?

Maybe they got their 2s and 6s confused.

[pROvIs]

Ordered last remnant and lego batman for 360 this afternoon. Both of my items still say processing but not shipped. We will see how it goes. I havent gotten an email about the cashback yet either i got in at 7%

[Sirdonis]

Yea i totally jumped on FF 4 for 19.99, been waiting on that game to finally price drop. its always 39.99 in my area electronic stores.

Also yea Last Remnant is 65.00 i think they ran out on the lower price discounts >_<

[CaoPi]

Last Remnant only $64.99...

what? am i missing something here?

I thought it was a 4-day sale?

[S1lentTwo]

I think the Last Remnant price is just their attempt at tricking stupid people that see the word "sale" and automatically think everything is a good deal. Can't see it actually working on too many people though...

[crazy blain]

gta 4 = best game in the last 10 years

Actually besides Halo 3, it's the most over-rated game in the last 10 years.

[wampa8jedi]

1. If you ARE a lawyer, you're a douche for saying so.

2. If you AREN'T a lawyer, you're a douche for saying so.

I don't think it's a douche thing to mention your career (...assuming you're telling the truth...)--I've seen tons of people on CAG describe that they do all kind of things without people feeling the need to label them as a douche for mentioning it. Why should being an attorney be any different?

...that being said, I'm more than a little biased in this particular instance ;)

Your first comment aside, I can speak from my own 'informed perspective' that I literally LOL'd when I came back to this thread this morning to see threats of a lawsuit. Seriously, anyone who purports to know anything about the law would know a few things in this regard. First, false advertising laws are extremely weak in regards to promotions by online retailers, and it would take far, far more than simply not fulfilling some orders to have a claim that didn't get laughed out of court. Second, class certification, if you were going for a class action, could prove extremely difficult, or even impossible, in this instance for reasons that are beyond the scope of this quickie post (and so as not to be labeled a "douche" for providing too much information). And third, perhaps most damningly, the damages here are purely in the form of expectancy damages, not actual damages. This hurts not only the amount of any potential recovery (under the anti-deceptive practice laws it would, literally, be $0) but also devastates your ability to even bring a false advertising claim since injury is a requirement for that cause of action. Realistically, all that would happen is either 1) you'd attempt to bring a class action, fail in class certification, and get hit with attorney's fees from their side for bringing such a frivolous suit or 2) you'd attempt to bring an individual suit, in which case you'd be hit with a Rule 56 summary judgment long before you ever got to court, and you'd be slammed with attorney's fees again for this nonsense idea.

Ultimate life lesson: just because you feel that someone/something did you wrong does not generate a legal recourse. Oh, and don't lie about being an attorney.

[rebenns]

I couldn't agree more with the above statement. Seems that every time someone gets pissed in our society, they bring out the lawyers. It's changed the very fabric of society - people are so afraid of lawsuits, they are afraid to say or do anything that has even the remotest chance of offending someone. Rather than bring a lawsuit, just use the First Amendment (while we still have it), and let people know what sort of company Overstock is, especially since this isn't the first time they've pulled this sort of thing. The damage to the company's already tarnished reputation will do far more than any frivolous lawsuit will.

[sengar]

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/2684626/product.html?afsrc=1&fp=f&siteid=Es5Ekr9eEBk-AZFL1kEDQRm1i_pcUopAyA

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/3163645/product.html?afsrc=1

This seems fairly underhanded to me. Out of stock at the sale price, but in stock at full price?

[opportunity777]

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/2684626/product.html?afsrc=1&fp=f&siteid=Es5Ekr9eEBk-AZFL1kEDQRm1i_pcUopAyA

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/3163645/product.html?afsrc=1

This seems fairly underhanded to me.

:rofl:

[Josef]

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/2684626/product.html?afsrc=1&fp=f&siteid=Es5Ekr9eEBk-AZFL1kEDQRm1i_pcUopAyA

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/3163645/product.html?afsrc=1

This seems fairly underhanded to me. Out of stock at the sale price, but in stock at full price?

Isn't that exactly what Amazon was doing during BF weekend? Once they ran out of the allotment at the sale price they would sell the remaining stock at a higher price.

[opportunity777]

Isn't that exactly what Amazon was doing during BF weekend? Once they ran out of the allotment at the sale price they would sell the remaining stock at a higher price.

Yes, Amazon did that, but Amazon did not cancel people's orders and then hike up the price. :lol:

[guinaevere]

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/2684626/product.html?afsrc=1&fp=f&siteid=Es5Ekr9eEBk-AZFL1kEDQRm1i_pcUopAyA

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/3163645/product.html?afsrc=1

This seems fairly underhanded to me. Out of stock at the sale price, but in stock at full price?Wow. That's just... Really, Overstock? You wanna play like that?

[Josef]

Yes, Amazon did that, but Amazon did not cancel people's orders and then hike up the price. :lol:

Oh, didn't know about the orders being canceled. Stupid Overstock...

[guinaevere]

This sort of thing gets under my skin. Sent Overstock a friendly email, along with Clark Howard. He'll looooooove this.

[opportunity777]

Oh, didn't know about the orders being canceled. Stupid Overstock...

That's just one portion of it. Those who used the 15% off CashBack link might get screwed too. I'll wait until Monday before I fire off a maelstrom of E-mails to MS.

Wow. That's just... Really, Overstock? You wanna play like that?

Oh they did, and I'm not entirely surprised by it. Overstock aside, I've had several "mom & pop" online game sites pull the same crap.

This last week, RedOctane was almost as bad with their GHII cancellations.

This sort of thing gets under my skin. Sent Overstock a friendly email, along with Clark Howard. He'll looooooove this.

That would be funny. Overstock usually deserves any grief people give them. :)

[iluvmywife]

Is overstock still in business?

Seriously, I have not ordered from them in years. From what I can tell, what they are doing is pretty bad.

[crazy blain]

That's just one portion of it. Those who used the 15% off CashBack link might get screwed too. I'll wait until Monday before I fire off a maelstrom of E-mails to MS.



Oh they did, and I'm not entirely surprised by it. Overstock aside, I've had several "mom & pop" online game sites pull the same crap.

This last week, RedOctane was almost as bad with their GHII cancellations.



That would be funny. Overstock usually deserves any grief people give them. :)

On the GHII cancellations...was that on the game/guitar bundle that people got down to $10? I swear to god I ordered one and must have deleted my payment confirmation e-mail. I never received the game and started looking the other day and was never charged for it.

I was wondering how I could have somehow not hit the confirm payment button, I swore up and down I completed that transaction. I spent all day yesterday mad at myself :)

[opportunity777]

On the GHII cancellations...was that on the game/guitar bundle that people got down to $10? I swear to god I ordered one and must have deleted my payment confirmation e-mail. I never received the game and started looking the other day and was never charged for it.

I was wondering how I could have somehow not hit the confirm payment button, I swore up and down I completed that transaction. I spent all day yesterday mad at myself :)

Well, I think it was a shame for a variety of reasons.

1. I don't understand how a manufacturer like RedOctane can't keep track of inventory.
2. Their explanations (for the few people who got in touch with them) about why they were "out of stock" were wildly inconsistent.
3. RO cancelled the orders without notice.
4. Some people who ordered late in the "deal" received shipments, while earlier orders were not honored by RO.
5. People who ordered other items in addition to GHII or Xplorer guitars did not receive the additional items.
6. Some orders were mixed up, so some buyers got a completely different item than the one(s) they ordered from RO's store.
7. After the orders were cancelled, some people did not receive a refund yet.
8. RO ignored many E-mails and phone calls regarding the issue.
9. Although, RO is not by any means obligated to do so, they did not offer any reprimands or coupons to resolve customer dissatisfaction.

IMO, they run their online store like shit.

Now, RO needs to just put up the bundles again. I would love to see the shit-storm that would cause.

[crazy blain]

I agree, RO does suck. When GH-III was being released I decided, like an idiot, to pre-order it through them. Even got the next day shipping in hopes that I would receive it on release day. I figured if I ordered it through the distributor it would be no problem.

I got it like 2 or 3 days after everyone else got it retail.

Now the only time I ever order from them is when they have deals with promo codes where I feel like I'm raping them. That promo code that got the GH-II bundle down to $10 was an obvious oversight on their part. To "fix the glitch", they just screwed the majority of people who ordered.

[sickenmcsluggets]

Ordered FFIV, and it shows it shipped yesterday. As I am a school bus driver, I am very excited about this.

[sgs89]

I don't think it's a douche thing to mention your career (...assuming you're telling the truth...)--I've seen tons of people on CAG describe that they do all kind of things without people feeling the need to label them as a douche for mentioning it. Why should being an attorney be any different?

...that being said, I'm more than a little biased in this particular instance ;)

Your first comment aside, I can speak from my own 'informed perspective' that I literally LOL'd when I came back to this thread this morning to see threats of a lawsuit. Seriously, anyone who purports to know anything about the law would know a few things in this regard. First, false advertising laws are extremely weak in regards to promotions by online retailers, and it would take far, far more than simply not fulfilling some orders to have a claim that didn't get laughed out of court. Second, class certification, if you were going for a class action, could prove extremely difficult, or even impossible, in this instance for reasons that are beyond the scope of this quickie post (and so as not to be labeled a "douche" for providing too much information). And third, perhaps most damningly, the damages here are purely in the form of expectancy damages, not actual damages. This hurts not only the amount of any potential recovery (under the anti-deceptive practice laws it would, literally, be $0) but also devastates your ability to even bring a false advertising claim since injury is a requirement for that cause of action. Realistically, all that would happen is either 1) you'd attempt to bring a class action, fail in class certification, and get hit with attorney's fees from their side for bringing such a frivolous suit or 2) you'd attempt to bring an individual suit, in which case you'd be hit with a Rule 56 summary judgment long before you ever got to court, and you'd be slammed with attorney's fees again for this nonsense idea.

Ultimate life lesson: just because you feel that someone/something did you wrong does not generate a legal recourse. Oh, and don't lie about being an attorney.

Not true.

You could imagine a class, for example, under CA Bus & Prof. Code s. 17200 of consumers who were promised a product at a particular price, received confirmation of their order, and then had their order arbitrarily canceled. It is well-settled that retailers cannot bait-and-switch and must honor advertised prices. (Temporary mistakes in prices may not have to be honored but that is not the case here.)

[wampa8jedi]

Not true.

You could imagine a class, for example, under CA Bus & Prof. Code s. 17200 of consumers who were promised a product at a particular price, received confirmation of their order, and then had their order arbitrarily canceled. It is well-settled that retailers cannot bait-and-switch and must honor advertised prices. (Temporary mistakes in prices may not have to be honored but that is not the case here.)

Their injury is...?

[sgs89]

I'm still calling BS--by all means, walk me through, in detail, the exact cause of action here and how you would pull a suit off. I note, for the record, that you completely ignored my legitimate critiques of your prior BS... I can only conclude that either 1) you have no clue what the hell you're talking about because you're not an attorney and are lying to save what little respect you might have for such an ignorant comment, 2) you're such a poor one that you can't see the obvious, irreparable faults in trying to bring a claim in this situation, or 3) you're an attorney and you just made a really stupid comment in suggesting that it was even possible to take legal action against Overstock in this instance. Hell, this isn't even close to being my practice area and it's still obvious to me.

I've already told you that certainly one option would be s. 17200, but I guess you are not familiar with that plaintiff-friendly statute. Another would be the CLRA or Consumer Legal Remedies Act.

The injury is the delta between the offered price and the price at which Overstock is selling the good after canceling the order. Now, I'm not saying it would be a cake walk to prove and, yes, injury-in-fact has become a bigger issue in these consumer class action suits, but by no means is it a non-starter. Previously, in CA, you could bring what were called "private attorney general suits" to enforce the rights of the public at large without an injury-in-fact; that option is no longer available.

You obviously aren't a litigator because there is very little risk that a losing class action claim would incur attorneys' fees.

[wampa8jedi]

I've already told you that certainly one option would be s. 17200, but I guess you are not familiar with that plaintiff-friendly statute. Another would be the CLRA or Consumer Legal Remedies Act.

The injury is the delta between the offered price and the price at which Overstock is selling the good after canceling the order. Now, I'm not saying it would be a cake walk to prove and, yes, injury-in-fact has become a bigger issue in these consumer class action suits, but by no means is it a non-starter. Previously, in CA, you could bring what were called "private attorney general suits" to enforce the rights of the public at large without an injury-in-fact; that option is no longer available.

You obviously aren't a litigator because there is very little risk that a losing class action claim would incur attorneys' fees.

I briefly checked, but I see no precedent whatsoever on point--that is, a case involving an online retailer that canceled only some orders. To the best of my knowledge--and again, this is not my practice area--expectancy damages in this kind of situation are simply not going to meet the injury requirement under federal or state law (at least any jurisdictions that I'm familiar with)... do you have any precedent for when a consumer suit was able to satisfy the injury requirement without any actual damages whatsoever?

And you're right, I'm not in litigation :)

Edit: And just to be clear, I'm not asking about criminal or semi-criminal precedent, but rather a civil one.

[Br4inDead]

Nothing of mine has shipped and I haven't got my cashback yet. Here's hoping everything goes smoothly.

[bojay1997]

I've already told you that certainly one option would be s. 17200, but I guess you are not familiar with that plaintiff-friendly statute. Another would be the CLRA or Consumer Legal Remedies Act.

The injury is the delta between the offered price and the price at which Overstock is selling the good after canceling the order. Now, I'm not saying it would be a cake walk to prove and, yes, injury-in-fact has become a bigger issue in these consumer class action suits, but by no means is it a non-starter. Previously, in CA, you could bring what were called "private attorney general suits" to enforce the rights of the public at large without an injury-in-fact; that option is no longer available.

You obviously aren't a litigator because there is very little risk that a losing class action claim would incur attorneys' fees.

I am a litigator and costs and the time you are going to put into a very narrow claim like this situation is really not worth it, particularly given the limited damages involved reaching perhaps a few hundred consumers. You're much better off trying to work with the Attorney General's Office to launch an investigation and shaming them in the media.

[sgs89]

I briefly checked, but I see no precedent whatsoever on point--that is, a case involving an online retailer that canceled only some orders. To the best of my knowledge--and again, this is not my practice area--expectancy damages in this kind of situation are simply not going to meet the injury requirement under federal or state law (at least any jurisdictions that I'm familiar with)... do you have any precedent for when a consumer suit was able to satisfy the injury requirement without any actual damages whatsoever?

And you're right, I'm not in litigation :)

Edit: And just to be clear, I'm not asking about criminal or semi-criminal precedent, but rather a civil one.

I think you are betraying your lack of litigation experience again. You didn't find any "precedent" (did you check Westlaw or something?) because there isn't likely to be any. The vast majority of these kind of cases do not result in published decisions. They are typically resolved through settlements that are approved by the court.

As an example, let me point you to the EB Games and Gamestop lawsuit that alleged those retailers were selling used games as new. The defendants' primary argument in that case was "no damages" or "no injury." Did they win? No, they settled with payment to the plaintiff's attorney (surprise!), a coupon to consumers, and a change in their policy.

At least you have backed off your bravado that I am full of crap. I think you would now concede that I do know what I'm talking about. Correct?

[sgs89]

I am a litigator and costs and the time you are going to put into a very narrow claim like this situation is really not worth it, particularly given the limited damages involved reaching perhaps a few hundred consumers. You're much better off trying to work with the Attorney General's Office to launch an investigation and shaming them in the media.

You may be right, but it is a moot point now. As I said, my order shipped!

[polo14player]

my madden o9 anniversary xbox 360 shipped today!!!! anybody else jump on that deal? i thought that was a great deal. what you think? Plus all the legal crap you are all saying could be learned in business law 101 or on the internet!! or a 5.00 late fee charge from the library. None of you are lawyers!!!!!!

[wampa8jedi]

I think you are betraying your lack of litigation experience again. You didn't find any "precedent" (did you check Westlaw or something?) because there isn't likely to be any. The vast majority of these kind of cases do not result in published decisions. They are typically resolved through settlements that are approved by the court.

As an example, let me point you to the EB Games and Gamestop lawsuit that alleged those retailers were selling used games as new. The defendants' primary argument in that case was "no damages" or "no injury." Did they win? No, they settled with payment to the plaintiff's attorney (surprise!), a coupon to consumers, and a change in their policy.

At least you have backed off your bravado that I am full of crap. I think you would now concede that I do know what I'm talking about. Correct?

Of course I didn't check westlaw--my firm maintains a private database of class action settlements, as I imagine most major firms do... maybe you're not familiar with that practice? You betray yourself with your assumptions :)

The Gamestop case does have actual injury--people were left with a product that was objectively inferior than they thought they purchasing. GS could argue practicalities all it wanted, but the raw reality was that the product they sold to consumers was different from what they thought they were buying; I'm well aware that such misrepresentation has led to many successful class actions. But what we're talking about here is an instance where no sale was ever completed--people never received a product, they were never charged a hidden fee, they never suffered any detriment outside of a "drat, I didn't get the deal." I actually don't entirely understand why you keep mentioning the Gamestop class action as, besides the fact it involved a videogame company, it is easily distinguishable from the instance we're talking about here.

Edit: So, just to be clear, since you didn't answer my question before and instead launched into a tirade based on your assumption, you are not aware of a single similar instance when an expectancy injury has ever met the injury requirement?

[sgs89]

Of course I didn't check westlaw--my firm maintains a private database of class action settlements, as I imagine most major firms do... maybe you're not familiar with that practice? You betray yourself with your assumptions :)

The Gamestop case does have actual injury--people were left with a product that was objectively inferior than they thought they purchasing. GS could argue practicalities all it wanted, but the raw reality was that the product they sold to consumers was different from what they thought they were buying; I'm well aware that such misrepresentation has led to many successful class actions. But what we're talking about here is an instance where no sale was ever completed--people never received a product, they were never charged a hidden fee, they never suffered any detriment outside of a "drat, I didn't get the deal." I actually don't entirely understand why you keep mentioning the Gamestop class action as, besides the fact it involved a videogame company, it is easily distinguishable from the instance we're talking about here.

Come on, it was an easy argument to make that there was no injury in the Gamestop case. Is there a material difference between a game played once and a game never played? No.

You are at a "major firm." And it has a "private database" of class action settlements? I guess your idea of a "major firm" and my idea are quite different.

Are you saying that a bait-and-switch where a retailer advertises one price, gets consumers to come to their store (or website), and then declines to honor that price (and not just because an allotment ran out) is not actionable? Remind me not to hire your "major firm" to represent me.

[graf1k]

Nothing of mine has shipped and I haven't got my cashback yet. Here's hoping everything goes smoothly.

It's going to be 60+ days until your cashback shows up from Livesearch.

Oh and thanks OP, I picked up Silent Hill Homecoming before it went OOS.

[Br4inDead]

Before it even shows as pending?

[ChaosGamer]

It's going to be 60+ days until your cashback shows up from Livesearch.

Oh and thanks OP, I picked up Silent Hill Homecoming before it went OOS.

is that true, that the cashback will show up 60+ days after i made the purchase, cause i made a purchase yesterday and i see nothing on my account

[wampa8jedi]

Come on, it was an easy argument to make that there was no injury in the Gamestop case. Is there a material difference between a game played once and a game never played? No.

You are at a "major firm." And it has a "private database" of class action settlements? I guess your idea of a "major firm" and my idea are quite different.

Are you saying that a bait-and-switch where a retailer advertises one price, gets consumers to come to their store (or website), and then declines to honor that price (and not just because an allotment ran out) is not actionable? Remind me not to hire your "major firm" to represent me.

1. In terms of Gamestop, again, I would direct you to what I actually said: the Gamestop case was a completed transaction where goods and consideration had exchanged hands under false pretenses. I appreciate your argument for materiality, but in consumer dealings, there tends to be a pretty bright line disfavoring exchanges where the consumer has bought an item under retailer misrepresentations, regardless of their similarities. I am not aware of any such bright line in regards to an online retailer choosing to only fulfill some orders at a sale price.

2. What is your idea of a major firm?

3. Again, are you aware of such a case involving an online retailer? I do not consider this to be an instance of bait and switch. Remember here that, even before your order shipped, others had their items shipped, which means that this was not a case of a retailer bait and switching by not selling the item whatsoever. Instead, they shipped it at that price to numerous consumers and could easily argue that they sold through their sale stock and that, through a computer/human error, they oversold and were forced to cancel orders. Overstock expressly acknowledges that stock on all items, both sale and regular priced, is limited. Moreover, courts and academics in the past have expressed some skepticism, if I recall correctly, about linking bait and switch tactics at brick and motor locations to bait and switch on the internet.

4. I doubt you could afford the firm's rates, so no concerns there :)

5. For the last time, and a yes or no will do, you're not aware of any legitimately comparable settlements, are you?

6. And with that, I'm going to have to discontinue my legal comments here, as I don't want to take this thread any more off track than it has already become. I'm happy to continue any discourse on the matter via PM, if you're interested. I still maintain that bring legal action against Overstock in this instance is nonsensical at best, and hopeless at worst.

7. For such cheap shipping, Overstock's shipping is mighty fine--my order is already scheduled for delivery on Tuesday.

8. And it looks like I'm in the growing crowd of people who did not get cashback, as it always shows, for me, as pending within twenty-four hours of my purchase.

Edit: polo14player - want to put your money where your mouth is? I can't speak for everyone here, but $10k says I can put my name to a law degree and firm. Shoot me a PM if you're interested.

[sgs89]

1. In terms of Gamestop, again, I would direct you to what I actually said: the Gamestop case was a completed transaction where goods and consideration had exchanged hands under false pretenses. I appreciate your argument for materiality, but in consumer dealings, there tends to be a pretty bright line disfavoring exchanges where the consumer has bought an item under retailer misrepresentations, regardless of their similarities. I am not aware of any such bright line in regards to an online retailer choosing to only fulfill some orders at a sale price.

2. What is your idea of a major firm?

3. Again, are you aware of such a case involving an online retailer? I do not consider this to be an instance of bait and switch. Remember here that, even before your order shipped, others had their items shipped, which means that this was not a case of a retailer bait and switching by not selling the item whatsoever. Instead, they shipped it at that price to numerous consumers and could easily argue that they sold through their sale stock and that, through a computer/human error, they oversold and were forced to cancel orders. Overstock expressly acknowledges that stock on all items, both sale and regular priced, is limited. Moreover, courts and academics in the past have expressed some skepticism, if I recall correctly, about linking bait and switch tactics at brick and motor locations to bait and switch on the internet.

4. I doubt you could afford the firm's rates, so no concerns there :)

5. For the last time, and a yes or no will do, you're not aware of any legitimately comparable settlements, are you?

6. And with that, I'm going to have to discontinue my legal comments here, as I don't want to take this thread any more off track than it has already become. I'm happy to continue any discourse on the matter via PM, if you're interested. I still maintain that bring legal action against Overstock in this instance is nonsensical at best, and hopeless at worst.

7. For such cheap shipping, Overstock's shipping is mighty fine--my order is already scheduled for delivery on Tuesday.

8. And it looks like I'm in the growing crowd of people who did not get cashback, as it always shows, for me, as pending within twenty-four hours of my purchase.

Edit: polo14player - want to put your money where your mouth is? I can't speak for everyone here, but $10k says I can put my name to a law degree and firm. Shoot me a PM if you're interested.

I call a truce. This is getting too boring and far afield. As I have repeatedly said, it is all moot now anyway.

[wampa8jedi]

I call a truce. This is getting too boring and far afield. As I have repeatedly said, it is all moot now anyway.

Agreed :)

[kell]

is that true, that the cashback will show up 60+ days after i made the purchase, cause i made a purchase yesterday and i see nothing on my account

It should show as pending in a matter of days. Unfortunately, mine has not showed up yet either.

[Indiana Jones]

Three of my four games have shipped. Still not getting any acknowledgment from Live Cashback though.

[KingofGames]

My Last Remnant shipped today. Thanks for the heads up, dudes!

[XoLiD]

That's just one portion of it. Those who used the 15% off CashBack link might get screwed too. I'll wait until Monday before I fire off a maelstrom of E-mails to MS.

Mine just shipped while I used the 15% cash back, but still no pending cash back.

[Kirin Lemon]

Whew, my order for Kirby and Lego Batman has shipped. No word on the 15% Cashback, though.

[qwerty1]

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/2684626/product.html?afsrc=1&fp=f&siteid=Es5Ekr9eEBk-AZFL1kEDQRm1i_pcUopAyA

http://www.overstock.com/Books-Movies-Music-Games/Xbox-360-Grand-Theft-Auto-IV/3163645/product.html?afsrc=1

This seems fairly underhanded to me. Out of stock at the sale price, but in stock at full price?

why does this upset people? Amazon does this all the time when they sell through an allotment of a product at a sale price after which time it magically goes up in price. Just because they have 2 seperate webpages instead of doing it on one makes this a seperate case deserving your spite?

Really?

Mine just shipped while I used the 15% cash back, but still no pending cash back.

Dont be surprised if you dont get it. Cashback is suppose to be ineligible on items that are further discounted, such as a discount via a coupon. If they saw this as an instant discount for the sale its very possible you wont be saving your $3.75 so prepare your pitchforks.

See terms

You may earn Live Search cashback rewards on purchases that you complete in the same web browsing session after clicking on advertisements or listings in the Live Search service or the Live Search cashback service. Eligible advertisements will be marked with the Live Search cashback logo. You will not earn cashback rewards on purchases where .... (g) you also use a separate discount or coupon

[CMoney™]

Devil May Cry 4 came out to $22.84. Hopefully it goes through.

[arcadegamer]

my order of Wario,Kirby and Sonic has shipped

[Indiana Jones]

Cashback worked at Deep Discount during their 25% code sale.

I knew I should've gone Ebates on this one.

[Br4inDead]

Order finally shipped though i got no email about it. Cashback doesn't seem to have worked but i will email them and find out.

[theflicker]

I just got shipping confirmation on :ds: FFIV, :ds: Kirby, and :ps3: GTAIV.

GTAIV shipped separately from the other two.

Cashback or not, still a good deal.

[WatchdogXC]

For some reason my GTAIV is still "processing" and I ordered it around noon or so on Friday.

[KiySeph]

I should have ordered Silent Hill when I had the chance... oh well.

[guinaevere]

Wow, is it great to be back. I'm deleting the legal posts that have nothing to do with the sale, and any comments about the discussion. Further posts about it get warnings and will also be deleted.

[Shady3011]

I'm not sure what you're talking about, but thanks for keeping the thread on topic, guin.

[cupcakex1]

My GTAIV got shipped yday.. Picked up RB2 bundle at TRU today.. should kill some time by the time GTA comes :D Thanks again OP.

[Eyecue]

Just ordered Condemned 2 for the Nephew.

[graf1k]

is that true, that the cashback will show up 60+ days after i made the purchase, cause i made a purchase yesterday and i see nothing on my account

I meant for the actual cashback to show up as available. I honestly forget how long it takes to show as pending but my account shows nothing pending right now either and my copy of Silent Hill Homecoming shipped.

[flix1]

My :ps3: GTA IV shipped.

[mikutan]

thanks for this! i finally got FF4 on DS for only 22 shipped :)

[Royvedas]

And now they're shipping to Denmark as well, they say. Great - WHY THE F*** does it have to cost 30$ to ship a game to Denmark, when it can be done for 3.40$ from play-asia.com???? I never understood the pricing structure for international shipping. Oh well, I guess they have enough customers already.

[Indiana Jones]

Cashback pending has been almost instant for me... up until the 15% Overstock. I'm gonna get screwed out of this one.

[Doomtime]

I know cashback usually takes 90 days on ebay. Don't know about other sites though.

[JCAll]

If they refused to do the free shipping, what makes anyone think they'll honor the cashback?

[anthem_1]

my order was cxl'ed on friday. ordered GTAIV PS3 and wario land shake it - i was told by Overstock CS rep to contact Fraud Prevention to see why order was cxl'ed - and they said it was their mix-up.

surprisingly - Overstock said they were going to honor my order, and ship the items when they come back in stock.

that was all i wanted. still will be gunshy about ordering from them in the future, but i am sure that these 2 games will come back in stock @ Overstock - unless they go out of business. either way, if i do get gtaIV and wario land for $50 total - consider me happy.

[Caine]

Picked up Lego Batman for the PS3. Thank you OP.

[cruzfactor]

i really wanted soul calibur iv for ps3. too bad it was already gone by saturday morning.

[CMoney™]

They shipped the game today, via UPS.

Got my Xbox 360 today! :D

[opportunity777]

Everything has shipped for me.

I'm hoping for CB, but I'm not betting on it.

[The Linguist]

My order from last Friday (Lego Batman) showed up at my door today. Thanks again to the OP.
My condolences to those of you who got screwed by the big O on this deal.

[WatchdogXC]

I don't get it...my GTA IV PS3 order that I made on Friday is still processing. I got the confirmation email that my order was successful and that I'd be receiving another email when it came time to ship "shortly".

[WatchdogXC]

Stupid Overstock...

"We regret to inform you that due to an inventory error we were unable to ship the item listed below. We sincerely apologize and have issued a full refund to your method of payment."

I got that email along with them saying that for my inconvenience that I would have a $5 credit towards my next purchase. Well, this was my only purchase ever on Overstock and they screwed up so unless there is some fantastic deal, I won't be buying from them. Amazon blows them away.

[kklems]

Ordered shipped friday but still not cash back showing for me

[eastx]

Bought Pokemon Mystery Dungeon for my son. Hope it ships!

[HandsDown]

My order for GTA IV was canceled due to a "inventory error" as well

[riptidewahoo]

My 360 GTAIV order was also cancelled due to an inventory error and this was also my first ever attempt at the site. Never shopping at Overstock again... some shady assclown company they are. I mean GTAIV was in stock at $60, but out of stock at $25 and now they won't even honor the price. WHAT THE HELL?

[Conroy]

i really wanted soul calibur iv for ps3. too bad it was already gone by saturday morning.

If it makes you feel better, I ordered it Friday and it got canceled this morning

[guardian_owl]

My 360 GTAIV order was also cancelled due to an inventory error and this was also my first ever attempt at the site. Never shopping at Overstock again... some shady assclown company they are. I mean GTAIV was in stock at $60, but out of stock at $25 and now they won't even honor the price. WHAT THE HELL?
Yep, cancelled as well, that goodwill didn't last very long :bomb:

[addicted2games]

I'm getting my four games I ordered last Friday tomorrow. What a deal.

[kklems]

Regarding having it in stock at $60 but cancelled orders at $25. They may have had X # of copies allocated by the distributor that could be sold at that price. Ie we will give you a X discount on 10000 copies of GTA4. Should the checkout system have stopped the sale...sure but that happens alot with online retailers for some reason.. ie amazon, buy.com etc

[jadeblue]

Sounds like a great idea for a christmas gift. But ol not me this time.

[wquach]

Hey guys...my order (for SCIV PS3) was canceled as well.

I was so pissed off I talked to the service rep via chat on their website.

I insisted their "technical error" was obviously their fault and that they should honor my order despite it being cancelled so that I could receive the item when it came back in stock.

I guess it was worth a shot.

The service rep said he couldn't uncancel the order so he instead issued a $5 gift card to me to use for the site. I'm pretty sure I won't shop there unless there's some great deal like this one in the future but at least the credit is still there..and it expires in 2058 so there's plenty of time.

All I know is, if you're persistent enough, you should get back something for your troubles and the errors made by the seller.

[mrbill187]

my gta4 got canceled as well. whack.

[DiddlyKong]

My gta IV got cancelled as well. It was a gift for my best friend in the whole world now he gets a $5 giftcard to overstock.com.

[wquach]

My gta IV got cancelled as well. It was a gift for my best friend in the whole world now he gets a $5 giftcard to overstock.com.

Yea that $5 giftcard is pretty useless in comparison to not getting the game at that price.

Overstock sucks.

[Wlogan31]

Yeah - GTA IV not shipping blows...

[pjay]

Got SCIV for $19.97 at radio shack on Saturday, beating the Overstock price:D

[Eyecue]

Got SCIV for $19.97 at radio shack on Saturday, beating the Overstock price:D

Nice!

Are the prices the same for XBOX and PS3?

[slowdive21]

^^^Yes, but PS3 is hard to find! None in my stores district.

http://www.cheapassgamer.com/forums/showthread.php?t=188256

[blum3]

sold out everything i wanted :( good find though.

[Eyecue]

^^^Yes, but PS3 is hard to find! None in my stores district.

http://www.cheapassgamer.com/forums/showthread.php?t=188256


The RShack near me has one copy (PS3), but it's $29.99 :cry:

[VeeJster]

i got last remnant today brand new and sealed in the mail today. thanks CAG for the heads up !!! sorry to those who got screwed over by overstock :/

[Magehart]

Grr. My GTAIV got canceled and UPS has had FFIV out for shipping since 7:00am today (10 hours now). Looks like i've failed all around.

[bladewasp]

Thanks OP! I received "Lego Batman" and "Warioland Shake It" today.

[Indiana Jones]

I got in on this sale in like its first hour of existence and they've canceled my PS3 Soul Calibur and given me a $5 credit.

But on the bright side... this sale includes The Last Remnant for only $65!!!!!!!

[mmnno]

I got in on this in the first two hours and everything shipped on Saturday, but it hasn't updated since a departure scan from Hodgkins, IL on that day. God damn I hate that city, one item out of a four item shipment from Amazon was stuck there for four days last week.

Also I got screwed out of cashback on this deal. At least the price was good...if they ever arrive.

[addicted2games]

I got in on this in the first two hours and everything shipped on Saturday, but it hasn't updated since a departure scan from Hodgkins, IL on that day. God damn I hate that city, one item out of a four item shipment from Amazon was stuck there for four days last week.

Also I got screwed out of cashback on this deal. At least the price was good...if they ever arrive.

They will arrive if you have the tracking like you do. Mine did the same thing, was stuck at a certain point, then all of a sudden it said out for delivery. I actually got my games yesterday when the whole time it said today. I'm happy.

[Konketsu]

Got my games yesterday as well. Thanks OP.

[arcadegamer]

my games came yesterday too

[wchardin]

Yea that $5 giftcard is pretty useless in comparison to not getting the game at that price.

Overstock sucks.

Yeah, the same thing happened to me. I talked to a customer service person for about an hour and a half, and they are going to give me the price of the game when it comes back in stock, but it has to happen within a two month period.

[SSJMies]

My GTA IV shipped Friday, but I'm still waiting for it. Hopefully it arrives before the week ends.

[One4Deuce]

My copy of Mario Super Sluggers arrived today. Thanks again OP.

[XoLiD]

Just got TLR and once again UPS has failed to resist playing football with my items. I swear every small package I've gotten by UPS is broken.

[techstar25]

I have a bad feeling we're going to all get screwed on the 15% cashback. It's been 5 days and I don't see it pending in my live account yet.
When I did an ebay cashback it showed up (as pending) immediately.

[neoKEN]

Strange, I order GTA4 a day before Bully yet Bully just arrived yesterday and I'm still waiting for GTA4. No sign of the 15% cashback on any of the items.

[Br4inDead]

I got both of my games a few days ago but i wanted to comment about the live cashback. I emailed them on saturday about not receiving it, two days after making the order. Just today I got an email apologizing for the mistake and they added the $6 to pending. So i did indeed get the 15% cashback.

[SSJMies]

Still waiting on GTA IV. It's been in a city an hour away from my house since last Thursday. :/

[kell]

I got both of my games a few days ago but i wanted to comment about the live cashback. I emailed them on saturday about not receiving it, two days after making the order. Just today I got an email apologizing for the mistake and they added the $6 to pending. So i did indeed get the 15% cashback.

Thanks for the update. Did you contact Overstock or MSN?

[opportunity777]

Thanks for the update. Did you contact Overstock or MSN?

I want to know too. I already have a support ticket from MS, but I have read nothing back from them.

EDIT:

Three support tickets / contacts later (waited 3 days before trying to E-mail again), I have heard nothing back from MS.