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  <id>tag:consumerist.com,2010:/1/tag:consumerist.com,2009://1.10000249-</id>
  <updated>2010-01-24T10:15:51Z</updated>
  <title>Comments for Fry&apos;s Sells Magical Disappearing HDTVs To Customers</title>
  <subtitle>Shoppers bite back.</subtitle>
  <generator uri="http://www.sixapart.com/movabletype/">Movable Type 4.32-en</generator>
  <entry>
    <id>tag:consumerist.com,2009://1.10000249</id>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://consumerist.com/cgi-bin/mt/mt-atom.cgi/weblog/blog_id=1/entry_id=10000249" title="Fry's Sells Magical Disappearing HDTVs To Customers" />
    <published>2009-11-27T23:42:13Z</published>
    <updated>2009-11-29T04:08:31Z</updated>
    <title>Fry&apos;s Sells Magical Disappearing HDTVs To Customers</title>
    <summary>The Fry&apos;s store in Renton, Washington, just played a mean trick on at least half a dozen customers. This morning, Jeff successfully navigated through the crowd outside, the crowds inside, and no less than five different lines in order to purchase a 52&quot; TV. Everything went remarkably smoothly. Well, until the very end. This was the first ever Black Friday shopping I have ever attempted (at age 24). I felt a little silly, knowing that I should have arrived earlier if I wanted to have the slightest chance of beating the crowds. Knowing that Fry&apos;s is a huge store, I...</summary>
    <author>
      <name>Chris Walters</name>
      
    </author>
    
    <category term=" Big Box Stores" />
    
    <category term=" Deals &amp; Sales" />
    
    <category term="Fry&apos;s" />
    
    <category term="Shopping" />
    
    <content type="html" xml:lang="en" xml:base="http://consumerist.com/">
      <![CDATA[<p>The Fry's store in Renton, Washington, just played a mean trick on at least half a dozen customers. This morning, Jeff successfully navigated through the crowd outside, the crowds inside, and no less than five different lines in order to purchase a 52" TV. Everything went remarkably smoothly. Well, until the very end.</p>

<blockquote>This was the first ever Black Friday shopping I have ever attempted (at age 24). I felt a little silly, knowing that I should have arrived earlier if I wanted to have the slightest chance of beating the crowds. Knowing that Fry's is a huge store, I humored myself and stayed in line to at least see if how quickly it would move once doors opened.  To my surprise, from doors opening to me getting inside only took 10 minutes.</b> 

<p>I was in, and I was excited.</p>

<p>On the top of my list of purchases, I was hoping to score a very good deal on a <a href="http://www.frys-electronics-ads.com/ads/2009/11/26/45410/Samsung-LN52B630-52-1080P-120Hz-LCD-HDTV">Samsung 52" LCD TV</a> that had been part of the Black Friday Ads.</p>

<p>As I am a frequent buyer from Fry's, I headed straight back to the TV section, and found the TV.  It was perfect.  I looked around for a sales associate to help me, not realizing another line had formed inside the store for the same purpose.  By the time I figured out what was going on, the line was easily 150 people long. Knowing my chances were slim, I decided to wait in line anyways.  With how crowded the store was, it seemed as though Fry's had done the impossible; kept a fairly good operation to keeping things orderly and organized.  The line was moving fast, and I wasn't sure if that was a good sign or not.</p>

<p>I finally made it to the front, and asked the sales associate if they still had the 52".  He responded with a smile, and a "Yes", and he handed me a ticket!  I felt like I had won the lotto! After I got my ticket, I waited in another line to be checked out, so I could head to the cashier to pay for my new TV.  I was so excited!  Upon arriving to the front of that line, I asked the sales associate if I could pick up my TV later in the day.  Again, he too responded with a smile and a "yes!".  Everything was going my way!</p>

<p>After I checked out with him, I headed to the front of the store, with invoice in hand, to pay for the TV.  I arrived at the cashier's, and told him I would like to pick up the TV later.  He told me he would have to ask his supervisor if that was okay.  The supervisor said that I had to pick it up right now, as they wouldn't be able to hold it for me for the day.  Still somewhat on a high, I said "Not a problem", and called a friend.  After a little  persuasion (As this was 5:30 am, and he was still sleeping), my friend responded he'd be there within the hour.  I told the cashier what I had found out, and told him I would be looking around in the store for some other sales while I waited.</p>

<p>After 20 minutes of looking at more things I could buy, he called me back and said he was in the parking lot.  I was surprised at how quickly he had got there, so I headed back for the cashier's to pay and pick up the TV.  The line had gotten to about 400 people long by now, and I was surprised at how long it took to get through.  Twenty-five minutes later, I purchased the TV and headed to pick it up. I went up to the pickup Sales guy, handing him my receipt.  He looked at the product I had bought and responded "Oh no, not another one".  </p>

<p>To my surprise, about 10 people in front of me were all waiting for the same thing.  The store manager came up and said that they oversold the TV. and that we could get refunds at the refund desk.  One of us asked if they were going to give us rain checks as all of us had already paid for the TV, and he told us with a smirk on his face, "No". He then walked off, not making himself accessible to anyone for questions. We all paid for a TV we were not going to get.  </p>

<p>I have never felt so betrayed by a store.  I walked around with a false sense of security, as giddy as a kid in a candy store, only to be told that I wasn't going to get what I paid for.  I understand mistakes happen, but it would have seemed wise to me to solve the initial problem (call back to the TV department to make sure they weren't handing out more tickets), and then make right with the few of us that waited in multiple lines, over several hours, who PAID for their TVs.</blockquote></p>]]>
      
    </content>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20020096</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20020096" />
    <title>Comment from SteveinOhio on 2009-12-14</title>
    <author>
        <name>SteveinOhio</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>The customer has lost tons of time, and is the victim of a classic bait and switch.  Fry's should have given him a rain-check, given him an option to purchase a slightly better TV for the same price, or provided him some form of compensation for his time lost, like a gift card.  There may be no (direct) monetary loss, but the retailer is ethically and possibly legally in the wrong for these types of practices.  Even if it's an honest mistake, the store needs to take steps to make it right with the customer.  Simply saying, "Here's your refund, no harm, no foul" isn't good enough.</p>]]>
    </content>
    <published>2009-12-14T16:41:11Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20007588</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20007588" />
    <title>Comment from Mr. TheShack on 2009-12-02</title>
    <author>
        <name>Mr. TheShack</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Haha, you guys hate best buy, you hate fry's, you hate radioshack.  Where the hell do you people buy electronics if you need one right away/want to see it first?  Lol.  </p>]]>
    </content>
    <published>2009-12-02T22:38:26Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20007576</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20007576" />
    <title>Comment from tamaracks on 2009-12-02</title>
    <author>
        <name>tamaracks</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Much as I get your pain, if you think any inventory system is 100% infallible, you're nuts. When you place an order to pick up in store, they send the order to the store, and then someone at that store has to go find the item and put it on the pick up shelf. If the item is misplaced in the store, or if the inventory is slightly off, or maybe it's sold at a register before the employee gets it. It sucks, but there's no way they could 100% guarantee that they can pull that item off the shelf, even if the system says it's in stock at the time you place the order. But I bet it works most of the time, I've had a number of Best Buy pick-up transactions go smoothly.</p>]]>
    </content>
    <published>2009-12-02T22:30:05Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20005690</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20005690" />
    <title>Comment from katstermonster on 2009-12-01</title>
    <author>
        <name>katstermonster</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I should remind you that this is a website for consumers, not a website for law-breaking assholes who think that breaking things is the appropriate way to deal with a situation like this.</p>]]>
    </content>
    <published>2009-12-01T19:52:24Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20005102</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20005102" />
    <title>Comment from Naval Patel on 2009-12-01</title>
    <author>
        <name>Naval Patel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It's pretty scummy what they're doing, but it doesn't seem to amount to a "bait-and-switch"...  They did have the TVs at the specified price, but only a limited quantity (which is something that was more than likely stated in the ad).  Fry's ran the ad with the intention to sell the TVs at the specified price, but just happened to sell too many.  The ad wasn't ran with the intention of changing it and leaving customers to come up to the store for a nasty surprise...  Further, a bait and switch usually needs a store trying to up-sell you on the advertised product - that they never intended to sell at the specified price.</p>]]>
    </content>
    <published>2009-12-01T09:04:04Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20005101</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20005101" />
    <title>Comment from Naval Patel on 2009-12-01</title>
    <author>
        <name>Naval Patel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Ads - generally - aren't enough to constitute an "offer".  Instead, they are considered solicitations.</p>]]>
    </content>
    <published>2009-12-01T08:58:49Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20005058</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20005058" />
    <title>Comment from twophrasebark on 2009-12-01</title>
    <author>
        <name>twophrasebark</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>"To my surprise, about 10 people in front of me were all waiting for the same thing.  The store manager came up and said that they oversold the TV. and that we could get refunds at the refund desk.  One of us asked if they were going to give us rain checks as all of us had already paid for the TV, and he told us with a smirk on his face, "No". He then walked off, not making himself accessible to anyone for questions. We all paid for a TV we were not going to get."</p>

<p>This is obviously a violation of corporate policy. They don't give tickets to people and tell them they are getting a TV, charge them for the TV and then smirk and say "too bad."</p>

<p>I would take a wild guess that some Fry's employees decided they wanted some TVs too. <br />
</p>]]>
    </content>
    <published>2009-12-01T05:45:49Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004857</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004857" />
    <title>Comment from amuro98 on 2009-11-30</title>
    <author>
        <name>amuro98</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Fry's has been sued multiple times in the past decade or so for bait and switch.  Locals know that Frys may be a good place to get a deal, but it's definitely buyer beware.  Their classic behavior was to publish an ad for something at an insanely low price, which of course is always out of stock, but they'd always be willing to sell you something at the normal price...</p>

<p>Honestly, if they accepted payment for the TV at that price, they owe those customers a TV.  How is this any different from those websites that accidentally listed an expensive item for $1.99 or something like that, and had to fulfill all orders?  If those websites had to honor those customers, so should Fry's.</p>]]>
    </content>
    <published>2009-11-30T21:57:49Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004825</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004825" />
    <title>Comment from Nemesis_Enforcer on 2009-11-30</title>
    <author>
        <name>Nemesis_Enforcer</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I got the same treatment when I bought a video card at Fry's. It was unopened and still had the strapping on the outside and the shrinkwrap underneath. The returnes dude looks at the serial number on the outside and matches it to both my receipt and the actual video card thru the little window. Then he opens the box! Takes out the card and calls over a manager. Now the manager asks me why I opened the box! I told him i didnt the return guy did. he hemmed and hawed for like 5 min "consulting" with another manager before finally letting me return it. I was like WTF? Its new in the box why would you open it?</p>]]>
    </content>
    <published>2009-11-30T21:37:01Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004485</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004485" />
    <title>Comment from treimel on 2009-11-30</title>
    <author>
        <name>treimel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Wrong (see other posts; hint"  expectation damages ).  DUH.</p>]]>
    </content>
    <published>2009-11-30T18:18:53Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004272</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004272" />
    <title>Comment from souliloquy on 2009-11-30</title>
    <author>
        <name>souliloquy</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Long time lurker, first time poster.  </p>

<p>I use to shop here regularly but the sales tactics of some of their reps are very deceptive.  I've been lied to countless times by sales reps just to get a sale (I returned all those purchases wasting time and gas money).   </p>]]>
    </content>
    <published>2009-11-30T16:38:37Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004141</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004141" />
    <title>Comment from treimel on 2009-11-30</title>
    <author>
        <name>treimel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Also, forgot to ask--Friday, are you a law student?  I ask because it is really, really important to get this straight:  you have a layman's misconception as to the default remedy in BOC actions.</p>]]>
    </content>
    <published>2009-11-30T15:39:29Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004132</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004132" />
    <title>Comment from treimel on 2009-11-30</title>
    <author>
        <name>treimel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>No, not reliance--expectation.  "reliance" damages means the expenses that the non-breaching party incurs as a result of the breach.  Expectation damages is the theory under which you are to be put in the position that you would have *gained* had the other party performed. </p>]]>
    </content>
    <published>2009-11-30T15:33:30Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004123</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004123" />
    <title>Comment from treimel on 2009-11-30</title>
    <author>
        <name>treimel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Wrong--generally, the customer is entitled to the benefit of the bargain that he made, not simply to be not out of pocket.  This is hornbook law, my friend.</p>]]>
    </content>
    <published>2009-11-30T15:30:18Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004020</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004020" />
    <title>Comment from treimel on 2009-11-30</title>
    <author>
        <name>treimel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Should clarify for lay folk: I'm simply contrasting "expectation"  (aka "benefit of the bargain")damages (the default in contract actions, incidentally) with "reliance" damages. </p>]]>
    </content>
    <published>2009-11-30T14:17:06Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20004014</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20004014" />
    <title>Comment from treimel on 2009-11-30</title>
    <author>
        <name>treimel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Well, brush up yourself:  putting the non-breaching party status quo ante may or may not be interpreted as simply refunding the money--I was personally involved in a case where the seller of an automobile breached and the plaintiff was held to be entitled to the benefit of the bargain; no specific performance, of course, but the defendant had to pay Plaintiff the *difference* between the similar BMW the Plaintiff eventually bought, and the price agreed to between the litigants prior to the breach.  That is, Plaintiff had lost no money, but was still injured by losing the bargain price that had been agreed to (of course, he had to show that the car he eventually bought was at market, but that went to mitigation.)<br />
It doesn't always work this way, but it's a 1L concept--to be made whole doesn't always mean simply ending up with what you had before you entered the contract, it can mean to be put into the position you should be in *absent* the breach.  <br />
However, none of this is the relevant quesstion in the real world--what the op shopuld be looking at is his state's "bait and switch" laws (if any).   </p>]]>
    </content>
    <published>2009-11-30T14:11:51Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003915</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003915" />
    <title>Comment from jwissick on 2009-11-30</title>
    <author>
        <name>jwissick</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Typical frys BS.   Frys is the Comcast of the electronics sales world. </p>]]>
    </content>
    <published>2009-11-30T05:01:56Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003894</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003894" />
    <title>Comment from tfcocs on 2009-11-29</title>
    <author>
        <name>tfcocs</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>True enough. The woman herself seemed rather nice, actually. She just appeared to be following a script, one that was frustrating to follow.</p>]]>
    </content>
    <published>2009-11-30T03:37:16Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003874</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003874" />
    <title>Comment from MrAP on 2009-11-29</title>
    <author>
        <name>MrAP</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Except that as soon as he paid for it (which the computer allowed to go through), he went to go pick it up, and THEN (along with at least 10 other people) was told that the TV was oversold. </p>

<p>Also, there should be some reasonable expectation of time for someone to purchase the item after receiving the ticket, as well, since this is Black Friday and the individual may be purchasing other items in the store before leaving. If they're not going to hold off on selling more TVs that tickets handed out within the first hour or so, then why have a ticket system in the first place? Since he purchased it in a reasonable amount of time (and the transaction went through) and then immediately went to go pick it up, the TV should've been available.</p>

<p>Come on. Use common sense before you speak. It's employees that think like you are that cause the problems in the first place.</p>]]>
    </content>
    <published>2009-11-30T02:54:10Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003869</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003869" />
    <title>Comment from MrAP on 2009-11-29</title>
    <author>
        <name>MrAP</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>This is a big chain store. I find it hard to believe their system would be that simplistic. If they do track pick-ups (which they ought to), then it would also track purchases. </p>]]>
    </content>
    <published>2009-11-30T02:38:03Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003867</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003867" />
    <title>Comment from MrAP on 2009-11-29</title>
    <author>
        <name>MrAP</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I doubt the cashier would care one way or another.</p>]]>
    </content>
    <published>2009-11-30T02:34:34Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003866</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003866" />
    <title>Comment from MrAP on 2009-11-29</title>
    <author>
        <name>MrAP</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>While I do have to mostly agree with you about him waiting, you're forgetting a few things here. He was not the only other person with a receipt for an oversold TV. Also, if they didn't have any more in the inventory when he went to purchase it, then why was it still available for purchase in the computer? I find it hard to believe that a big chain store like Fry's doesn't have a POS system that ties into their inventory system. So while the initial purchase ticket did not guarantee him a spot, his purchase and receipt most definitely should have. Top that with the smug attitude of the manager.</p>]]>
    </content>
    <published>2009-11-30T02:32:37Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003860</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003860" />
    <title>Comment from MrAP on 2009-11-29</title>
    <author>
        <name>MrAP</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Actually, it can turn out to be very beneficial to the store if people with your mindset come in. They won't press the matter with the store and after waiting in line for hours, most people aren't going to simply walk out of the store empty handed. They will feel compelled to buy SOMETHING. So the store baits in a ton of people with the good deals, most people don't get the deal, and then those people will go buy a bunch of items that don't have the best deals.</p>]]>
    </content>
    <published>2009-11-30T02:20:41Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003783</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003783" />
    <title>Comment from EndlessCT9A on 2009-11-29</title>
    <author>
        <name>EndlessCT9A</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Fry's is a piece of shit. Here's my bit of nightmare where they sold me a TV that didn't exist either:</p>

<p>I headed to the Anaheim, CA Fry's location after not having much luck finding anything to my liking at a nearby Best Buy. Within the Audio / Video section, I found a Samsung 46" 120Hz LCD for $899. Great, I said, and asked the salesperson if they had the TV in stock. He said the system showed 1 in stock and printed up a quote - mind you, the salesperson is not supposed to provide customers with a "quote" unless the product is in stock (Fry's fuck up #1). He said he would send someone to look for it. I told him I would go and pay for the TV while he goes looking for it. No objections. He said fine. </p>

<p>I go pay for it and wait. And wait. The TV never shows up. 30 minutes has passed. The cashier who was helping me check. He gets the news that they are out of stock. Why the hell did they sell me a TV they don't have in stock? (Fry's fuck up #2) I go to the customer service department and talk to several people, none of whom seem to have a clue. I tell them that I just want a credit for the non-existent TV they sold me so that I can just apply it to another TV they have in stock and get the fuck out of there. They tell me they have to do a physical count of the TV before they can process it. (Fry's fuck up #3) I ask, "That's YOUR problem. I never received my TV so why are you making me wait for you to cover YOUR ass regarding this?" They don't budge. Two associates go do this supposed physical count.  They come back and tell yet another customer service manager that the TV doesn't exist in inventory. The idiot comes over to me again and tells me he has to verify things based on the order of the store manager. So he goes and does yet another "physical count" (Fry's fuck up #4). </p>

<p>It has now been more than an hour since I paid for the original TV. Another 30 minutes pass. I guess they give up and finally give me the credit for the non-existent TV. I pick up another TV and leave. </p>

<p>In summary, Fry's:</p>

<p>- Inventory management / control system is completely ineffective / outdated / useless<br />
- Employees and management, for the most part, are completely imbeciles<br />
- Doesn't give a shit about the inconveniences it causes its customers, only about "loss prevention"<br />
- Should focus on stupidity prevention on the part of their operations and customer service</p>

<p>Sure, I'll purchase at Fry's for pricing but I sure as hell not shopping there for knowledgeable advice, customer service nor sheer consideration for PAYING customers. </p>]]>
    </content>
    <published>2009-11-30T00:16:40Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003768</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003768" />
    <title>Comment from myntal on 2009-11-29</title>
    <author>
        <name>myntal</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>myntal <br />
November 29, 2009 6:14 PM<br />
Flag for review<br />
I try not to shop at Fry's unless there's a huge price difference or they have something that I need and can't get elsewhere. I got off to a bad start with them when I bought some $20 doodad that I didn't need and decided to take it back. What an ordeal!</p>

<p>First, I waited in the customer service line for 10 minutes to get to an employee. He then repeatedly asked me why I was returning it while unpacking and scrutinizing the item and the packing. He then brought over a supervisor who repeated the process exactly, down to the unpacking and repeated questioning. Then, unbelievably, a third supervisor came over and scrutinized the register receipt and inquired as to why I didn't like the product. </p>

<p>I said, "Never mind, give me the d*** thing back and I'll take out in the parking lot and bust into pieces." He finally said, "No, we'll give you a refund." I replied, "Thanks and you won't have to do it again as I'll try not to shop here anymore." Then, "yada-yada" on both sides and he gives me a ticket that I now have to go get into the check out line to cash in to get my money back. </p>

<p>So, I don't shop Fry's unless I have to and it's always with the understanding that taking it back isn't an option.<br />
</p>]]>
    </content>
    <published>2009-11-29T23:16:47Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003761</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003761" />
    <title>Comment from LastError on 2009-11-29</title>
    <author>
        <name>LastError</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>So, he was going to buy this TV with NO WAY to get it home?</p>

<p>Who DOES that?  Who has enough money to pay for a TV like this but not enough sense to plan?</p>

<p>How did he or she even GET to the store in the middle of the night?  Maybe the busses run all night there, dunno, but that's just wacky.  </p>

<p>Even so, I'd have paid for the TV and sat on it if I had to (well not really) and called a cab or something.  Get it, get out.  None of this namby pamby "I'll come back for it later, sigh!" stuff.</p>]]>
    </content>
    <published>2009-11-29T22:52:50Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003702</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003702" />
    <title>Comment from bjcolby15 on 2009-11-29</title>
    <author>
        <name>bjcolby15</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I would have then said, in a loud voice, "No thanks - if you're selling those netbooks that cheap, they must have a lot of crapware, nagware, spyware, crippleware and other stuff - if I don't get the Blue Screen of Death immediately when I turn it on.  I think I'll take my business to a competitor who will actually have the stuff I want without the obnoxious head games, 'k?"</p>

<p>Watching the cashier's stunned reaction would have been priceless.</p>]]>
    </content>
    <published>2009-11-29T21:07:09Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003681</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003681" />
    <title>Comment from mythago on 2009-11-29</title>
    <author>
        <name>mythago</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Do you really think that a court is going to force Frys to produce the specific television instead of just refunding the guy's money?</p>]]>
    </content>
    <published>2009-11-29T20:29:49Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003679</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003679" />
    <title>Comment from mythago on 2009-11-29</title>
    <author>
        <name>mythago</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>No. They can also refund your money.</p>]]>
    </content>
    <published>2009-11-29T20:28:22Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003678</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003678" />
    <title>Comment from mythago on 2009-11-29</title>
    <author>
        <name>mythago</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>No, you can also have a contract with Reliance. I hope you do better than this on your final Contracts exam.</p>]]>
    </content>
    <published>2009-11-29T20:27:39Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003677</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003677" />
    <title>Comment from mythago on 2009-11-29</title>
    <author>
        <name>mythago</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>The store certainly screwed up in issuing more tickets than TVs, but the OP also screwed up. If he had paid for the TV, THEN called the friend, THEN gone to pick it up, there would have been no problem. Instead, he was expecting Frys to hold the TV for free because he had a number to be in line.</p>]]>
    </content>
    <published>2009-11-29T20:25:56Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003675</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003675" />
    <title>Comment from mythago on 2009-11-29</title>
    <author>
        <name>mythago</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Good luck trying to get that better TV.</p>]]>
    </content>
    <published>2009-11-29T20:21:54Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003657</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003657" />
    <title>Comment from HeartBurnKid on 2009-11-29</title>
    <author>
        <name>HeartBurnKid</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>If it was a "simple mistake", then the correct response would be to issue a raincheck and honor the price once the item is back in stock.</p>

<p>A lot of things start out as "simple mistakes"; it's how the company responds to them that turns a "simple mistake" into "horrible customer service".</p>]]>
    </content>
    <published>2009-11-29T18:58:28Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003641</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003641" />
    <title>Comment from pharmacyfires on 2009-11-29</title>
    <author>
        <name>pharmacyfires</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>So if all the AGO can do is mediate, how is that so much more vengeful than calling corporate?</p>]]>
    </content>
    <published>2009-11-29T17:37:04Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003630</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003630" />
    <title>Comment from BluePlastic on 2009-11-29</title>
    <author>
        <name>BluePlastic</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I'm a little confused about the sequence of events.  The OP got in line to "check out," came to the end of that line, but still apparently didn't pay (which I thought was what "check out" meant) because he/she then got in another line to pay.  ??</p>]]>
    </content>
    <published>2009-11-29T17:00:41Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003608</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003608" />
    <title>Comment from friday3 on 2009-11-29</title>
    <author>
        <name>friday3</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Are you insane? Gas and time are not compensable damages in this case. You did not spend extra because of the breach. If he had been told minute one they do not have the TV would you be able to recover then? NO.</p>]]>
    </content>
    <published>2009-11-29T14:23:26Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003606</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003606" />
    <title>Comment from friday3 on 2009-11-29</title>
    <author>
        <name>friday3</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>The lawsuit will only require they refund your money. DUH</p>]]>
    </content>
    <published>2009-11-29T14:18:55Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003605</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003605" />
    <title>Comment from friday3 on 2009-11-29</title>
    <author>
        <name>friday3</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Ok smart ass amateur lawyer, what would Fry's be REQUIRED to do if you win the lawsuit? REFUND YOUR MONEY. They already were offering this. Even if they breached the contract, does not make it a windfall for  you. You are made whole. THATS IT. This is with any contract. </p>]]>
    </content>
    <published>2009-11-29T14:17:46Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003603</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003603" />
    <title>Comment from friday3 on 2009-11-29</title>
    <author>
        <name>friday3</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>If you want to say it is a contract you CAN say that. Sue them on those grounds. Here is the outcome of that lawsuit. You get a refund. If you enter into any contract and one party does not honor it, you are then made whole, NOT IN A BETTER position. They are only required to return your money and possibly interest (which would be zero since the refund was offered before any would accrue.  ]<br />
If you guys want to play amateur lawyer, at least learn the law</p>]]>
    </content>
    <published>2009-11-29T14:11:16Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003577</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003577" />
    <title>Comment from Dracoster on 2009-11-29</title>
    <author>
        <name>Dracoster</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Then maybe the original poster should stop acting like a crybaby and do something about it?</p>]]>
    </content>
    <published>2009-11-29T08:36:37Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003557</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003557" />
    <title>Comment from Cant_stop_the_rock on 2009-11-29</title>
    <author>
        <name>Cant_stop_the_rock</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Stop trying to blame the OP when it was unarguably the store that screwed up.  The OP was led to believe that the ticket held the product for him.  The store gave out too many tickets.  If he had gone to get his TV earlier, then there would have been another guy who would be complaining that he didn't get his TV.  Number of tickets - number of TVs = number of customers who got screwed.  That number is the same no matter how fast everyone rushed to get their hands on their TV.  This is 100% Fry's fault, and the OP should complain to someone above the store manager.  </p>]]>
    </content>
    <published>2009-11-29T06:52:45Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003551</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003551" />
    <title>Comment from moofie on 2009-11-29</title>
    <author>
        <name>moofie</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>He gave them money in good faith.  Fry's stocking problems are not the customer's problems.  He could accept the refund, but I'd demand they honor the deal they entered into when they took my money.</p>

<p>Or I'd refuse to shop at Fry's for any reason, which is the option I've selected instead.  Bunch of crooks.</p>]]>
    </content>
    <published>2009-11-29T06:11:03Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003550</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003550" />
    <title>Comment from moofie on 2009-11-29</title>
    <author>
        <name>moofie</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>You went to Fry's, on Black Friday, and got scammed.  I think I have found your problem.</p>]]>
    </content>
    <published>2009-11-29T06:09:22Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003548</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003548" />
    <title>Comment from KamikazeH20mln on 2009-11-29</title>
    <author>
        <name>KamikazeH20mln</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>They don't need to give him anything.  The OP was not smart and didn't get the product IN HAND.  Its the only way as a CONSUMER to assure your getting what you want.  Running a refund is easier than dealing with flaking out customers who "buy" a product and don't pick it up right away when they are making the LEAST amount of profit on "Door Busters".  The door busters are there to get you INSIDE the store to spend more $$ on more PROFITABLE products via limited quantities.</p>]]>
    </content>
    <published>2009-11-29T06:05:01Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003546</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003546" />
    <title>Comment from KamikazeH20mln on 2009-11-29</title>
    <author>
        <name>KamikazeH20mln</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Their inventory system may not take it out of inventory until the product is in hand...</p>]]>
    </content>
    <published>2009-11-29T06:00:25Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003545</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003545" />
    <title>Comment from narq on 2009-11-29</title>
    <author>
        <name>narq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I would say you are better off not having the TV and keeping your money. Sales like these that seem too good to be true usually are. Sets are usually made specifically for a sale or store in a cheaper form and sometimes missing components. They are usually manufactured in a different location than their other TVs. Just because it's a namebrand doesn't mean it's quality. If they don't sell the model in multiple stores or it's not listed on Amazon or Crutchfield, then it's probably not a real model. I mean an ad saying "major brand name 52 inch" just screams "cheap second rate product".</p>]]>
    </content>
    <published>2009-11-29T05:57:16Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003536</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003536" />
    <title>Comment from Cant_stop_the_rock on 2009-11-28</title>
    <author>
        <name>Cant_stop_the_rock</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>This is not like a "deli number" that just gives you the opportunity to be helped next.  It's <i>supposed</i> to guarantee you the product.  That's how the tickets work at every store that uses them on Black Friday.  They absolutely made a mistake by giving out too many tickets, and I don't think the OP is unreasonable in expecting the product to still be available when he hadn't even left the store.  The store is no doubt taking a loss on the TVs, and that's why they don't want to sell more than they advertised would be available.  At least they ought to give him a discount on another TV or a gift card. </p>]]>
    </content>
    <published>2009-11-29T04:54:32Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003501</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003501" />
    <title>Comment from dlynch on 2009-11-28</title>
    <author>
        <name>dlynch</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>yup. uniform commercial code.</p>]]>
    </content>
    <published>2009-11-29T02:45:41Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003484</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003484" />
    <title>Comment from DAK on 2009-11-28</title>
    <author>
        <name>DAK</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>"Standing your ground and demanding you be given a TV that simply is not in stock is not going to be particularly fruitful."</p>

<p>Not true.  I've been in this situation myself at a Circuit City a few years ago, and I did exactly what I suggested the OP should have done - stood my ground and refused to leave until I was satisfied.  I ended up with a 46" Samsung for the sale price of a 40", all because they sold me a TV that they couldn't produce when I tried to pick it up.</p>

<p>When a retailer accepts money for a good or service, it's at least implied that they're going to fulfill the order.  If they don't or can't, they pay a price for that.  If I bought a TV from them and the check bounced or the bank refused payment on the credit card, they would still expect their money, and rightfully so.  If the retailer makes a mistake, they're no less responsible.  </p>]]>
    </content>
    <published>2009-11-29T01:44:16Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003483</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003483" />
    <title>Comment from Makavellious on 2009-11-28</title>
    <author>
        <name>Makavellious</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Actually, knowing the OP personally, the time he got the ticket to the time he purchased the tv was 1 hour. Not all day.  And if this was such a fluke, then why was there at least 11 other people who ALSO paid for the TV and got screwed as well?</p>]]>
    </content>
    <published>2009-11-29T01:42:47Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003477</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003477" />
    <title>Comment from MMD on 2009-11-28</title>
    <author>
        <name>MMD</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>You can pad things with faux statistics all you want, but that doesn't get Fry's off the hook for a pretty blatant inventory mistake (at best).  A raincheck offer should have been made.</p>]]>
    </content>
    <published>2009-11-29T00:59:12Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003473</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003473" />
    <title>Comment from baristabrawl on 2009-11-28</title>
    <author>
        <name>baristabrawl</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>The story seems odd.</p>]]>
    </content>
    <published>2009-11-29T00:48:21Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003469</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003469" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Far more likely to be laziness/incompetence than malice. You impart too much conniving for a cashier... what would be in it for them?<br />
</p>]]>
    </content>
    <published>2009-11-29T00:36:23Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003451</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003451" />
    <title>Comment from tfcocs on 2009-11-28</title>
    <author>
        <name>tfcocs</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I went to Frys for the first (and last) time when I was in San Diego last June. I thought I was in geek heaven, until I got to the register. The price I was charged on an item was significantly higher than what was posted on the shelving, and the cashier would not send someone over to the display to verify my claim. As she and I were "discussing" the matter, I noticed one of those California State notices about fair pricing. I pulled out my phone to take a picture of the notice, and she promptly told me that company policy forbade the use camera phones in the store (yeah, I know, company policy...).</p>

<p>This really irked me, since the cashier had just checked my ID in order to use my credit card, and she could see that I lived three thousand miles away. I suspect that she was trying to bait and switch me if only because she knew that I lived in a market without this chain, and was not in a position to readily return the item to the store.</p>]]>
    </content>
    <published>2009-11-28T23:00:01Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003445</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003445" />
    <title>Comment from LatherRinseRepeat on 2009-11-28</title>
    <author>
        <name>LatherRinseRepeat</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Nope. You need to RTFA carefully..</p>

<p>"After 20 minutes of looking at more things I could buy, he called me back and said he was in the parking lot.  I was surprised at how quickly he had got there, so <b>I headed back for the cashier's to pay</b> and pick up the TV. "</p>

<p>He would have gotten the TV if he hadn't waited around for his friend. But during that 20 minute time frame, the TV had sold out. And the cashiers have no way of verifying inventory when he actually went up to pay. The invoice is not a guarantee. It's just a way for the sales people to track their sales and commissions.</p>

<p>Better luck next year for Jeff.</p>]]>
    </content>
    <published>2009-11-28T22:36:44Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003428</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003428" />
    <title>Comment from Dreyus on 2009-11-28</title>
    <author>
        <name>Dreyus</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>If he's already taken the refund, there's not a lot Fry's will probably do.  I would have played a little more hardball while still in the store, demanding recompense in some form or another.  (either a better TV at that price, a raincheck, or gift card over and above the refund)</p>]]>
    </content>
    <published>2009-11-28T20:47:42Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003416</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003416" />
    <title>Comment from nautox on 2009-11-28</title>
    <author>
        <name>nautox</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>"To my surprise, from doors opening to me getting inside only took 10 minutes. <br />
I was in, and I was excited."<br />
"By the time I figured out what was going on, the line was easily 150 people long."</p>

<p>-Those TV's were gone before he even got into the store.<br />
</p>]]>
    </content>
    <published>2009-11-28T20:28:19Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003410</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003410" />
    <title>Comment from BoredOOMM on 2009-11-28</title>
    <author>
        <name>BoredOOMM</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Anyone who reads any stories of Fry's knows they are below Best Buy in the degree of lack of ethics.  You go there having knowledge the person waiting on you will know nothing and is going to rip you off somehow.  Why all the handwringing and legalize?  </p>]]>
    </content>
    <published>2009-11-28T20:12:10Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003385</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003385" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>With all due regard, Norway, the OP had the same rights to demand the television here also and may still. </p>]]>
    </content>
    <published>2009-11-28T19:15:49Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003384</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
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    <title>Comment from Psychicsword on 2009-11-28</title>
    <author>
        <name>Psychicsword</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>But a bait and switch is illegal. Fry's was selling a TV, they sold the TV, they then said they didn't have the TV and would offer a refund. I don't know if it could be fully considered a bait and switch but is sure sounds like one.</p>]]>
    </content>
    <published>2009-11-28T19:12:38Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003378</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003378" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I just wanted to add that the "Home Office" Zerog refers to is the internal term for Fry's corporate office. The main number is (408)487-4500. Best recommendation is to call that number and ask for Customer Relations for Region 1 (The Bay Area)</p>

<p>BTW, the store extensions listed below work for the home office also. Want to reach the Corporate Director of Audio and Video? Change the last two digits of the Home Office number to 50.</p>

<p><a href="http://consumerist.com/2007/07/departmental-phone-extensions-for-every-frys.html" rel="nofollow">http://consumerist.com/2007/07/departmental-phone-extensions-for-every-frys.html</a><br />
<a href="http://consumerist.com/2008/07/updated-frys-electronics-home-office-company-directory.html" rel="nofollow">http://consumerist.com/2008/07/updated-frys-electronics-home-office-company-directory.html</a></p>]]>
    </content>
    <published>2009-11-28T19:00:35Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003375</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003375" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Small claims courts deal in money damages only. If the OP wants to pursue specific performance (production of the television) then he needs to file in Superior Court... While a court MAY be willing to grant him specific performance since he has fully performed his consideration, it is highly unlikely. Money damages are more than sufficient to make the OP whole. Upon Fry's breach on not producing the television, the OP has the option of determining what damages to seek, not Fry's. The OP is seeking expectation damages while Fry's has only offered a reliance solution - The OP should sue for the non-Black-Friday cost of the television minus the price that he was refunded. which will effectively allow him to buy the television at the Black Friday price.</p>]]>
    </content>
    <published>2009-11-28T18:48:08Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003363</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003363" />
    <title>Comment from duncanblackthorne on 2009-11-28</title>
    <author>
        <name>duncanblackthorne</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>OP, that's Fry's for you. They've cleaned up their act a bit in the last several years, but they're still Fry's. At least they didn't sell you a TV that was returned, resealed, that you get home and is broken, which they then waste an entire day trying to return while they accuse you of breaking it and generally making life miserable for you.</p>]]>
    </content>
    <published>2009-11-28T17:59:15Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003357</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003357" />
    <title>Comment from squirrel on 2009-11-28</title>
    <author>
        <name>squirrel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Yes, but I would expect their inventory system to flag the oversold item at the register and prevent the transaction from completing.  They know not only how many sets there are at that particular store, but also all the neighboring stores.</p>

<p>The fact the sale went through was because the system thought there were more TVs than there actually were.  And why would that be?</p>

<p>Human error - typing in the wrong number when the sets were put into inventory.</p>

<p>Though I believe it's this one:</p>

<p>They had plenty of sets in stock.  Let's assume they had 20 sets allotted for BF, but they actually have another 30 or so locked up in the back.  They sold 30, but found out their allotment was already oversold after a few got through the register..<br />
</p>]]>
    </content>
    <published>2009-11-28T17:17:12Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003355</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003355" />
    <title>Comment from JonBoy470 on 2009-11-28</title>
    <author>
        <name>JonBoy470</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I have no sympathy for Fry's in this regard.  If we were talking about Hot Wheels cars, or even $29 DVD players, I could see there being some inaccuracy between the store's apparent inventory (i.e. how many the computer says there are), and the store's observed inventory (i.e. how many are on the shelf).</p>

<p>This is a 50" fricking TV though.  Necessarily the box is very large and heavy.  Also, this was apparently a doorbuster.  I call shenanigans on any notion that the store had any uncertainty as to the inventory of this item on-hand that morning.  Given those facts, the idea that they could be excused for overselling the item is completely preposterous to me.  </p>

<p>The store has X number of TV's.  They should have handed out X number of wristbands/tickets/whatever.  Exchange 1 token for 1 item.  No token, no item.  It's not that hard.  </p>]]>
    </content>
    <published>2009-11-28T17:09:12Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003337</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003337" />
    <title>Comment from Razor512 on 2009-11-28</title>
    <author>
        <name>Razor512</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>what about the gas money and time spent<br />
what about transaction fees </p>

<p>overselling should be illegal</p>]]>
    </content>
    <published>2009-11-28T16:40:29Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003319</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003319" />
    <title>Comment from meadandale on 2009-11-28</title>
    <author>
        <name>meadandale</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Who the hell drives to a store on Black Friday to buy  a TV (or anything else for that matter) that they have NO WAY to transport home?!</p>

<p>It's called 'planning ahead'. OP-> Epic Fail!</p>

<p>It's not the store's fault that they sold out of tv's after they SPECIFICALLY told you 'no holds' and you proceeded to try and have them hold it while you arranged transportation.</p>]]>
    </content>
    <published>2009-11-28T16:12:59Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003316</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003316" />
    <title>Comment from Razor512 on 2009-11-28</title>
    <author>
        <name>Razor512</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>it is designed to be a bait and switch, a door buster deal is a deal where the store charges a price where they only make a very little profit.</p>

<p>but it does what it is designed for, it gets hundreds of people to the store  and when they don't get the door buster, there likely to buy other more profitable items from the store.</p>

<p>it is bait and switch and it cost time and money of the customer as they have go go all the way to the store, often miles and early in the morning which makes them more likely to buy something so it doesn't feel like a complete waste of time. It should be illegal</p>]]>
    </content>
    <published>2009-11-28T16:09:53Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003308</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003308" />
    <title>Comment from Scatter on 2009-11-28</title>
    <author>
        <name>Scatter</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I've seen Black Fridays before and they're nuts.  He should have taken possession of the TV as soon as he paid for it.  This way he would have either gotten what he thought he purchased or at least he would have known right away that there was an error.  If there's a hot item laying around in a store an associate is going to sell it regardless if it's being held or not.  Most associates look at it like there's going to be a pissed off customer either way, let it be the other one later when I'm not around.  </p>]]>
    </content>
    <published>2009-11-28T15:34:06Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003300</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003300" />
    <title>Comment from bizzle on 2009-11-28</title>
    <author>
        <name>bizzle</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>If your entire intention and motivation for spending valuable time on BLACK FRIDAY is to get the 52" TV, nothing else, as stated... why would you not arrange a way to bring it home in advance?  They store isn't going to hold a doorbuster for you. Period.  That's just common sense.  As said above, buy it first, then stand outside with it and call everyone in your cell phone to help you get it home.. or... arrange how the heck you are going to do that before you go.  If it is the only reason you are there, well, unless he OP planned on strapping it to the roof of his sedan or whatever, the "plan" of asking the store to hold it for him...sounds like some pretty poor planning.<br />
The TV in this case, (a black Friday loss for the store with the intention of losing dollars to get people in the store to buy other things) most likely was advertised with "while supplies last" somewhere in the ad, taking the rain check option completely out of the equation.<br />
That said, the store clearly messed up simple inventory controls and oversold a finite supply item, and should have made some sort or restitution since the error is clearly on their end, even if it was a raincheck for something similar.  I mean, they didn't just TELL him they had it, and lead him on... they SOLD it to him, which is a whole different level of oops.  But... during all this, he never bought the TV until the very end, after his friend arrived with a way to take it home.  Up till that point, he simply had a "ticket", no purchase.  But as said before, only hand out as many tickets as you have TV's, please!<br />
But Caveat Emptor has to come into play sometimes.  If he was ready to take it home, we wouldn't be reading this. </p>]]>
    </content>
    <published>2009-11-28T15:10:09Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003285</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003285" />
    <title>Comment from ShadowFalls on 2009-11-28</title>
    <author>
        <name>ShadowFalls</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>My thoughts exactly. He paid for it. I may not be exactly right on this, but I believe in most states, it is illegal to sell something you don't have. As for the raincheck idea, no way. I would have wanted the discount on a comparable model (either same brand or something as reputable, which isn't much), as a raincheck is not a guarantee of getting more stock.</p>]]>
    </content>
    <published>2009-11-28T13:58:06Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003281</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003281" />
    <title>Comment from Optimistic Prime on 2009-11-28</title>
    <author>
        <name>Optimistic Prime</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>That's probably the best advice.  It would be time-consuming, but it would be an easy win in a small claims court.  Especially since they paid for the item.  Though I wouldn't take the refund as that voids the contract.  </p>]]>
    </content>
    <published>2009-11-28T13:44:21Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003278</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003278" />
    <title>Comment from Optimistic Prime on 2009-11-28</title>
    <author>
        <name>Optimistic Prime</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Rather than oversell, wait an hour or two before "reselling" the items.  But I'd only hand out tickets at the cash register.  I'm at a loss why there are so many damned lines to go through.  Then again, I'd happily pay more money to not deal with the crap that is Black Friday.  The loss of two years of my life because of stress isn't worth it.</p>]]>
    </content>
    <published>2009-11-28T13:35:26Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003266</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003266" />
    <title>Comment from calchip on 2009-11-28</title>
    <author>
        <name>calchip</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I believe that most small claims will allow you to sue for specific performance. It's unusual, but it is done.  In this case, if the OP basically sues because he wants to see Fry's perform on the contract, he shoudl have no problem getting the TV he wants at the price he's paid. </p>]]>
    </content>
    <published>2009-11-28T11:42:27Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003263</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003263" />
    <title>Comment from PLAAND88 on 2009-11-28</title>
    <author>
        <name>PLAAND88</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>That he paid for it makes the difference as far as I'm concerned, no rainchecks and limited supplies are fine, but they sold him the TV and reneged after accepting payment, I for one would have refused to accept a refund, I would however have accepted a better Samsung TV at the same price or a raincheck because of the extenuating circumstances. He should definitely escalate this and see what happens.</p>]]>
    </content>
    <published>2009-11-28T10:16:33Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003250</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003250" />
    <title>Comment from yagisencho on 2009-11-28</title>
    <author>
        <name>yagisencho</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Best Buy pulled something similar on me today. I bought an AV receiver Wednesday night at bestbuy.com. They listed one local area store as having the receiver, so I went ahead with the purchase. Keep in mind that the order went through, and I even received an order confirmation email. This was the follow-up mail I received today:</p>

<p>"The item you ordered is not available for pickup at the LYNNWOOD WA Best Buy store #477.</p>

<p>If you still want this product, call us toll-free at 1-888-BEST BUY (1-888-237-8289) to check product availability at a different store or to have the item shipped via free standard shipping. Please contact us within 8 days to choose one of these options. For faster service, tell us the order number when you contact us. </p>

<p>If you no longer want this product, you do not need to take any action. we will cancel this order in 8 days and your credit card will not be charged. If you paid with PayPal, your PayPal account will be credited. If you used a Gift Card, your card will be credited. If you used a Reward Certificate, points will be reissued to your Reward Zone program account within 3-5 days. </p>

<p>Item details are listed below.</p>

<p>Thank You.<br />
Best Buy Customer Care"</p>

<p>Uh...I ordered the item, you sold me the item, and now you won't fulfill the order? Why should I ever buy anything from you again?</p>

<p>I called them to let them know that I still wanted the item, but the online sales rep spent 22 minutes fighting with their software system, ultimately giving up. She helpfully suggested that I call back and speak with another online sales rep. I did, but was hung up on while on hold. Then I called a third time, waited on hold for 20 minutes, and spoke with a phone sales rep. She helpfully told me that the item is sold out, and that I should keep checking the website to see when/if stock is replenished. I informed her that I had already successfully placed the order. She repeated her advice.</p>

<p>These companies deserve to fail.</p>]]>
    </content>
    <published>2009-11-28T08:43:11Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003242</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003242" />
    <title>Comment from gatewaytoheaven on 2009-11-28</title>
    <author>
        <name>gatewaytoheaven</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>As an associate that worked Black Friday at Fry's, let me tell you what the OP did wrong.</p>

<p>He didn't listen. I can't vouch for the Renton store, but the store that I work at, and the four others I've been to during Black Friday, you will literally have the sales associates, supervisors, and managers, literally yelling at the crowd to form a line in a particular location (i.e. aisle 10) for a certain product. When the customer are in a line, the sales associates start to hand out tickets for doorbusters.</p>

<p>The OP should not have waited so long to buy the item. Since on BF items aren't held for the entire day as they normally would, if the product is not sold in a couple hours, it *may* be released to another customer.</p>

<p>Fry's also does not allow purchase of an item and then providing housing for it as well. Once it's paid for, it is now the customer's responsibility to take the item. I suppose this is a liability (and convenience) factor.</p>

<p>I'm not saying that Fry's is in the clear here...the manager could have acted in a more respectful manner, but I find the OP's story a little hard to believe considering that perhaps releasing one or two items to other customers may be possible, BUT seeing how all the stores were crawling with corporate officers AND that managers intentionally keep several items on hold JUST FOR situations such as these, to me, it seems as if the OP is bitter he didn't understand how the line system worked (probably due to a lack of sleep + haste of getting to the dept + excited BF atmosphere) and is blaming it on Fry's for mistakes that he made along the way.</p>

<p>That being said, I hope he ends up with something decent for his troubles.</p>]]>
    </content>
    <published>2009-11-28T07:38:48Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003240</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003240" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Sure Fry's could have fulfilled its obligation - obtaining the television is neither illegal, impossible or considerably cost-prohibitive. The fact that the OP accepted restitution (backing out the transaction) rather than insisting on the benefit of the bargain (that Fry's produce a television) is problematic though since he already appears to have consented to a resolution of the issue.</p>]]>
    </content>
    <published>2009-11-28T07:13:30Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003236</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003236" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>bait and switch: of, related to, or employing an illegal or unethical sales technique in which a seller lures customers by advertising an often nonexistent item at a bargain price and then attempts to switch their attention to more expensive items</p>

<p>Ok, so you MIGHT have the nonexistant item (as to the buyer) but they DIDN'T attempt to switch him to another (let alone, more expensive) item, so they gained no benefit and there is no bait and switch</p>]]>
    </content>
    <published>2009-11-28T06:57:24Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003234</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003234" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Fry's will almost always issue a raincheck (when pushed) on ads that don't say something to the effect of limited quantities, while supplies last, etc. Their legal department insists on it... even if a junior manager fails to approve it, store managers almost always will.</p>]]>
    </content>
    <published>2009-11-28T06:48:58Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003230</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003230" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Sure it is. You really think that Fry's couldn't get another television for him? Not immediately but that is what rainchecks are for... Strange that Fry's wouldn't turn to rainchecks in this situation. Fry's drums into its managers' heads (especially the Store Managers!) that rainchecks are their golden ticket to avoiding bait and switch liability... as long as they offer rainchecks when necessary and follow them up by real offers to redeem them, it kills an element of bait and switch</p>]]>
    </content>
    <published>2009-11-28T06:45:52Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003228</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003228" />
    <title>Comment from aguacarbonica on 2009-11-28</title>
    <author>
        <name>aguacarbonica</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I don't get it. Why do degrade ourselves year after year just for the chance to be screwed by these companies? We already know that these sales are in the interest of the company, not us. We already know that they limit the supplies to get people to act like animals and forget all reason. We already know that the majority of the deals are no better than you'd get if you watched and waited with several retailers. I sympathize with the OP, but I hope he's learned not to bother with Black Friday. I'm 22 and I have no intention of ever having a first Black Friday door buster experience.</p>]]>
    </content>
    <published>2009-11-28T06:39:54Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003227</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003227" />
    <title>Comment from fantomesq on 2009-11-28</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It wasn't bait and switch... there was no switch. They didn't try to 'upsell' him to a higher priced or lower quality television and Fry's can point to the countless other successful sales as evidence of their bonafide intention to sell the goods advertised.</p>]]>
    </content>
    <published>2009-11-28T06:35:53Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003221</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003221" />
    <title>Comment from Dracoster on 2009-11-28</title>
    <author>
        <name>Dracoster</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Also, disregard my typos. It's 7:20 am.</p>]]>
    </content>
    <published>2009-11-28T06:20:42Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003219</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003219" />
    <title>Comment from Dracoster on 2009-11-28</title>
    <author>
        <name>Dracoster</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It must suck living in a 3rd world country with no laws. Here in Norway, if you've paid for it, you've bought it. The store can't come later and say that they can't deliver on the sale. If they can't deliver they have to deliver a similiar product of equel or greater value and technical specs. If you pay for a 52" LCD TV with full HD support, you get a 52" LCD TV with full HD support. Or something better.</p>]]>
    </content>
    <published>2009-11-28T06:18:46Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003216</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003216" />
    <title>Comment from Karita on 2009-11-28</title>
    <author>
        <name>Karita</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Well, they couldn't fulfill their contract, but I think they made good on their "breach" by offering to return the money. I really don't think a small claims court would give the customer the benefit of the doubt when the company made good on the situation - just not in the way the customer wanted. Small claims courts, at least in my state, don't handle punitive damages, and there was no monetary damage here. I can't see how missing out on a sale price is a monetary damage.</p>

<p>The bigger issue to me would be how the guy is getting his refund. Debits (from debit or credit cards) are always instant, and refunds never are. The OP doesn't mention it, so I guess he's the kind of person that can afford to front that kind of money. Me, I'd be furious unless they gave me my money in cash.</p>]]>
    </content>
    <published>2009-11-28T06:05:09Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003215</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003215" />
    <title>Comment from Zerog024 on 2009-11-28</title>
    <author>
        <name>Zerog024</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Call the home office, We don't have any problems like that at are store. It all when smooth. You should have not talked to the front checkout sup and talked to the people that the exit door or the PIC. Most likely the A/V DM did not have to stuff together and the deptment was too stupid to track a simple thing, we can even see real time stock of items. They are too wait a few hours before handing out tickets over again. It is a rule that use must take the item after you pay for it but it would have not been a problem for them to set it aside or you stand with it if you are waiting for a vehicle.</p>]]>
    </content>
    <published>2009-11-28T05:59:40Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003214</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003214" />
    <title>Comment from krom on 2009-11-28</title>
    <author>
        <name>krom</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I always loathe going to Fry's (that very same one) and buying anything that involves taking a piece of paper from a department desk to the front checkout area. It is always fraught with pain and suffering. Fry's is a great store IMO, they frequently have what I need and at very good deals, but I make it a point to have the item I'm buying in my hands before I go up front whenever possible. There is no semblance of organization or communication among the departments or with the front desk.</p>]]>
    </content>
    <published>2009-11-28T05:53:20Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003210</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003210" />
    <title>Comment from haoshufu on 2009-11-28</title>
    <author>
        <name>haoshufu</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Fry's should offer them a similar deal to a different TV model.</p>]]>
    </content>
    <published>2009-11-28T05:19:06Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003206</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003206" />
    <title>Comment from Skellbasher on 2009-11-28</title>
    <author>
        <name>Skellbasher</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I think the big thing that's being missed in all these (especially by feckingmorons, nice username BTW) is that once Fry's took payment for the item, they should be able to provide said item. </p>

<p>Companies shouldn't be allowed to take your money now, then check on inventory later. Especially in this current day and age of credit card transactions, the refund could be held up for a few days, depriving the customers of their money for that same period of time. </p>

<p>This isn't a mom and pop shop here. Fry's corporate can tell you how many Roombas they sold in 2008 on Tuesdays in June. They should be able to track how many TVs they have in stock and have their POS systems hold up additional sales once they get close to running out. </p>

<p>The fact of the matter is retailers are not interested in solving these problems. If they were, there wouldn't be countless reports of this same thing happening year after year. Giving them a pass and saying 'oh, simple mistake'  doesn't give them any additional incentive either. </p>]]>
    </content>
    <published>2009-11-28T05:12:45Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003198</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003198" />
    <title>Comment from itsalwaysme on 2009-11-27</title>
    <author>
        <name>itsalwaysme</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I've been to that store and not had that problem, but have had similar issues ordering online with them. The last time we purchased a laptop, they tried this same tactic of "Oops we oversold that item." When we called their customer service line, we were told that we would get a similar model by a different company. When we didn't receive that one either, we called back and talked to a supervisor who told us that that one was no longer available. We threatened litigation for false advertising and were told (and actually received) a better model worth twice what our original purchase was for and they shipped it to us overnight. </p>]]>
    </content>
    <published>2009-11-28T04:52:24Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003197</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003197" />
    <title>Comment from StanTheManDean on 2009-11-27</title>
    <author>
        <name>StanTheManDean</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Too many farking lines.</p>

<p>Sorry.  A line just to receive a ticket so you can go to another line to pay for the crap and then ANOTHER line to actually get the crap?</p>

<p>No Farking Way.</p>]]>
    </content>
    <published>2009-11-28T04:51:08Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003194</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003194" />
    <title>Comment from ExVee on 2009-11-27</title>
    <author>
        <name>ExVee</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>No, dude. The implication is that had the guy laid his money down the first time and stood clutching his new giant TV, perhaps even handcuffed to his body not unlike the Nuclear Football before summoning help to get this behemoth back home (which I will say again he should have accounted for in the first place), he would have had success.</p>

<p>Instead, he stepped aside, called a buddy and waited for him to report from the parking lot (at least 20 minutes later) before returning to line and waiting an unspecified but lengthy amount of time to buy the TV. By the end of that process the store had already run out of stock but had enough time to mistakenly sell this make-believe television to 10 other customers. </p>

<p>See, you missed the whole part of the story where there was at least 20 minutes gone by where all the stock sold through. The gentleman may have received his goods at the original time of attempted purchase. That's why folks are saying he needed to go ahead and pay and then sit against a wall guarding his prize like a hungry dog with a cow leg until someone with a conveyance capable of housing this screen of legend could arrive.</p>]]>
    </content>
    <published>2009-11-28T04:46:24Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003191</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003191" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>So what state should we complain to about your UPL? </p>

<p>If there was not a disclaimer that quantities are limited on the advertisement in which the OP found the price I'll buy him the television myself. </p>]]>
    </content>
    <published>2009-11-28T04:40:17Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003190</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003190" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Yeah, good luck with that. </p>

<p>It is nice to see so many other attorneys on Consumerist.  Odd how they all seem to disagree with me. </p>]]>
    </content>
    <published>2009-11-28T04:38:18Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003189</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003189" />
    <title>Comment from dartmouth05 on 2009-11-27</title>
    <author>
        <name>dartmouth05</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It's unacceptable for the store to not give you a raincheck when you've already paid for the television. That's a contract. They made an offer, you accepted it by paying for the item, they are supposed to produce the item. Personally, I'd purchase the same item from another store and sue them in small claims court for the difference in price.</p>]]>
    </content>
    <published>2009-11-28T04:34:03Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003185</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003185" />
    <title>Comment from d on 2009-11-27</title>
    <author>
        <name>d</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>This appears to be a simple contract dispute to me.  In any contract you need to have an Offer, Acceptance, and Consideration.</p>

<p>Fry's made an Offer to sell you a TV.  They led you through the cattle lines, gave you an invoice, etc.  </p>

<p>You accepted the offer.</p>

<p>Fry's received consideration for the offer when they received your payment.</p>

<p>After that - all they get to do is fulfill the Offer they made to you, which you accepted, and which they received consideration for.  If it ends up costing them more to do so - tough cookies for Fry's.</p>

<p>They had the absolute opportunity to not take your consideration at the cash register - YOU don't manage the stock levels of the store.  THEY DO.  That they did this to 10 people and the cashier said "Oh no, not another one!" tells me that you weren't the first person this happened to.  There's no "oops, oh shit... two orders came in at the same time and you're the only guy oversold" - there were 10 other people this happened to.</p>

<p>I'd do a few things:</p>

<p>1) Call Fry's - explain what happened.  See if they'll give you a similar or BETTER TV at the same price.  Better yet, let the schmucks ship it to you and install it for no shipping charges.</p>

<p>2) If they refuse - sue em in small claims court.  Sue for the cost of the TV, the difference in cost between the price of that model on Black Friday and what it normally lists for + tax + mileage to/from the first store and any other additional stores you'll have to order it from (or shipping, whichever) + your time to stand in the lines at all the stores involved + court costs + filing fees + processing fees + ATTORNEY FEES (even if you represent yourself "Pro Se", most Courts will let you claim some amount - take your annual salary, divide by 2000 (typically 2000 hrs in a year), and that's your hourly).</p>

<p>File the case.  If they don't show - DO NOT ALLOW A CONTINUANCE.  Motion for a default judgment - they had ample opportunity to show up, and chose not to.  If you get the default judgment, then go file it with the Clerk immediately.  Then send a copy of it to Fry's general counsel along with a demand for the amount of the Default Judgment + fiiling fees + fees to release the judgment + your hourly rate + parking + mileage to release it.</p>

<p>The only way companies learn not to pull these antics is by having it cost them time and money.  They wasted your time, so return the favor.</p>]]>
    </content>
    <published>2009-11-28T04:20:34Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003183</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003183" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>There are indeed limited quantities.  The advertisements make that clear. </p>

<p>Bait and switch is when they don't have and never actually intended to have the advertised item.  </p>

<p>The world is not a grand conspiracy. </p>]]>
    </content>
    <published>2009-11-28T04:18:11Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003180</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003180" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It is a matter of perspective.  My time is valuable too, and I would not be up at 4 AM to save a few hundred dollars on a television. </p>

<p>However his wasted time is unfortunately not something for which he can expect to recover monetary damages from the store.   It is simply not done. </p>

<p>You also have to take into consideration for the 10 people that didn't get the television because of some error on the part of the store, 150 (or 400 depending on which number the OP used is correct) did get the TV and are quite happy. </p>

<p>It is hard to find a politician with an approval rating over 50%, given 10 out of 150 are not happy with the store, that is an approval rate of greater than 94%. </p>

<p>Not everybody is going to be happy because not everyone will get what the item for which they shopped for in the wee hours of the morning. </p>

<p>I don't see a grand conspiracy here,  I see at most an inventory mistake.    He will probably get some token from corporate to appease him, but I don't see much more than that. </p>]]>
    </content>
    <published>2009-11-28T04:13:51Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003179</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003179" />
    <title>Comment from Awjvail on 2009-11-27</title>
    <author>
        <name>Awjvail</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Sounds like Walmart level customer service right there.</p>

<p>My mom went this morning, gets in the store. She asks an employee: "Where is the electronics section?" He points.</p>

<p>She gets down to the electronics section, asks another 'associate': "Which line is for the DS games?" "Oh, the line on the left", the employee says.</p>

<p>She waits in that line. When she gets up nearer to the front, she realizes this line is for a freaking TV. She did not want the TV. She asks that same employee "I thought you told me this was the line for the DS games?" Employee responds "Ooooooooooooh sorry I meant the right line".</p>

<p>She goes over to the other line, the very back of the line, and finally gets to the front and the only DS games left were some weird yoga ones or something. She was LIVID.</p>]]>
    </content>
    <published>2009-11-28T04:09:13Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003178</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003178" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>From the Washington AGO's  website <blockquote> We offer an informal mediation service to consumers whose disputes with businesses fall within our jurisdiction.  Through this process, we contact businesses to determine their response to consumer complaints.  If a firm refuses to respond or to make an adjustment, we cannot compel them to do so.  We inform consumers of alternatives if our mediation service is not successful.</blockquote></p>

<p>The Attorney General's Office is authorized to bring legal action only in the name of the State of Washington, and is prohibited from serving as an attorney for individual consumers.  We are further prohibited from giving advice, rendering opinions or interpretations, or conducting research on behalf of individuals or businesses. </p>

<p>They do provide an informal mediation service, but as I said they cannot act on individual cases.   Certainly you are correct that a letter from the AG does get attention, in fact I use the mediation of the County Court occasionally for just the same reason.   But I really don't see what there is to mediate here.  The customer has experienced no loss.   Sure it was a pain in the neck, but he is not out any cash. </p>]]>
    </content>
    <published>2009-11-28T04:07:55Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003177</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003177" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>And they would get out their soldering irons and build one out of other TVs? </p>

<p>Standing your ground and demanding you be given a TV that simply is not in stock is not going to be particularly fruitful. </p>

<p>Certainly he could complain to the corporate office, and I would be surprised if they did not give him some token for his inconvenience.  </p>

<p><br />
</p>]]>
    </content>
    <published>2009-11-28T04:03:58Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003176</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003176" />
    <title>Comment from jimv2000 on 2009-11-27</title>
    <author>
        <name>jimv2000</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>RTFA.  He DID pay for it.</p>]]>
    </content>
    <published>2009-11-28T04:01:38Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003172</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003172" />
    <title>Comment from LatherRinseRepeat on 2009-11-27</title>
    <author>
        <name>LatherRinseRepeat</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>A couple of comments..</p>

<p>-- It's typical Black Friday tactics for all stores to have limited quantity of advertised items. I usually assume a store has 5 in stock of each item in the ads. LOL.</p>

<p>-- And as someone else mentioned, Jeff did not actually buy the TV when he thought he did. As a former Fry's employee, I can tell you that when a salesperson generates an invoice, it doesn't mean squat. It's just a way for the salespersons to track their sales/commissions.</p>

<p>The product is yours after you bring your invoice to the cashier and pay up. Jeff's mistake was calling his friend and waiting for him. Instead, he should have paid for the TV first and then called his friend.</p>]]>
    </content>
    <published>2009-11-28T03:53:27Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003167</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003167" />
    <title>Comment from madanthony on 2009-11-27</title>
    <author>
        <name>madanthony</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I'm not even sure why people are calling it a bait and switch.  There is no switch - they didn't try to upsell the OP.   It's certainly not the greatest in customer service, but there is a big difference between incompetence and fraud. </p>]]>
    </content>
    <published>2009-11-28T03:47:59Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003164</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003164" />
    <title>Comment from Zclyh3 on 2009-11-27</title>
    <author>
        <name>Zclyh3</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>OH and one more thing.  If you are a frequent customer at Fry's, you should have already known that just because you have a ticket or your printed invoice, doesn't mean you're actually going to get your product. Having your invoice in hand means jackshit.  You get your invoice, then IMMEDIATELY proceed to paying for the product.  When you actually have the product in your hands is when you're in the clear.  </p>]]>
    </content>
    <published>2009-11-28T03:37:07Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003162</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003162" />
    <title>Comment from G.O.B.: Come on! on 2009-11-27</title>
    <author>
        <name>G.O.B.: Come on!</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>^ You both need to read the article again.</p>

<p>"I went up to the pickup Sales guy, handing him my receipt.  He looked at the product I had bought and responded <b>"Oh no, not another one"</b>. </p>

<p>To my surprise, about <b>10 people in front of me were all waiting for the same thing</b>."</p>

<p>So ~10 other people did what the O.P. did by walking away to arrange for transportation? Not likely.</p>]]>
    </content>
    <published>2009-11-28T03:33:32Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003161</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003161" />
    <title>Comment from Zclyh3 on 2009-11-27</title>
    <author>
        <name>Zclyh3</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I agree with humphrmi's statement.  ESPECIALLY during Black Friday, you never assume all is well.  You take NO chances. You pay for your stuff, then you IMMEDIATELY take delivery even if that means waiting for your friend to come pick you up.  You always think about the worse case scenario (in this case you didn't get your TV), and always assume the worst.</p>

<p>But at the end of the day, it's all about the experience.  Now that you've actually experienced this situation, you would probably think about going there early next time and making sure you actually get your product.  Yes yes I know you paid for your TV, but nothing is every guaranteed.  </p>]]>
    </content>
    <published>2009-11-28T03:31:37Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003159</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003159" />
    <title>Comment from Fett101 on 2009-11-27</title>
    <author>
        <name>Fett101</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Not understanding all the "Bait and switch" complaints. Isn't that how Black Friday always works? There are always very good door-buster deals but those are extremely limited supply hence the absurd lines at 4am. Is this anything new?</p>]]>
    </content>
    <published>2009-11-28T03:28:50Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003158</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003158" />
    <title>Comment from pretentious platypus on 2009-11-27</title>
    <author>
        <name>pretentious platypus</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>What is that old saying?  The squeaky wheel gets the grease?  I would be a literal pain the their butts, thorn in their sides, whatever.  Complete with threats to call the BBB, and the Atty Gen until u get what you paid for.  I hope it works out</p>]]>
    </content>
    <published>2009-11-28T03:28:19Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003154</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003154" />
    <title>Comment from tsukiotoshi on 2009-11-27</title>
    <author>
        <name>tsukiotoshi</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I do not agree that he didn't lose anything.  What about his time? To me my time is very valuable, so I couldn't blame someone else for feeling that way, as well.  Is it worth calling the AG about? Probably not.  He certainly can warn other consumers of his troubles with Fry's, however.  </p>

<p>But I do agree that the ticket, checkout, pickup thing is a little weird and probably causes more problems than solves them.  Although I feel like that about Black Friday as a whole. </p>]]>
    </content>
    <published>2009-11-28T02:58:24Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003150</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003150" />
    <title>Comment from elwoodxrl on 2009-11-27</title>
    <author>
        <name>elwoodxrl</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Gee, and I only thought Fry's oversold their online stuff.  I've had several orders on their website that were processed and paid for, only to be e-mailed later that the order had been canceled because they oversold the item.</p>]]>
    </content>
    <published>2009-11-28T02:56:07Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003147</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003147" />
    <title>Comment from philosophiste on 2009-11-27</title>
    <author>
        <name>philosophiste</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>The Attorney General's office certainly WILL respond to individual cases.  Fill out the electronic form here (https://fortress.wa.gov/atg/formhandler/ago/ComplaintForm.aspx) and someone at the AG's office will process it and send an official request to Frys for further information.  Now, will they actually sue them over it without a pattern of complaints?  No.  But that little envelope with the AG's seal on it is often enough to grease the wheels (especially in the case of a major retailer) and get a company to settle with the consumer as they don't want to establish a record of unanswered complaints with the AG.</p>]]>
    </content>
    <published>2009-11-28T02:54:03Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003145</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003145" />
    <title>Comment from DAK on 2009-11-27</title>
    <author>
        <name>DAK</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>"People out of work, people who can't feed their families..."</p>

<p>None of that is relevant.  It's certainly a shame that some people are struggling, but that simply doesn't matter for the purpose of this conversation.  Some stores do things like this intentionally knowing that at least some customers will roll over and spend money anyway.  That may or may not have been what happened here, but either way, the customer is entitled to the product he paid for.  Given that he confirmed multiple times that the TV was still available, he was hardly at fault.</p>

<p>He should have stood his ground and demanded the TV he paid for. </p>]]>
    </content>
    <published>2009-11-28T02:47:17Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003144</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003144" />
    <title>Comment from barfoo on 2009-11-27</title>
    <author>
        <name>barfoo</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Sounds like Fry's any day of the year, in my experience.</p>]]>
    </content>
    <published>2009-11-28T02:46:42Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003142</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003142" />
    <title>Comment from philosophiste on 2009-11-27</title>
    <author>
        <name>philosophiste</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It was definitely a bait-and-switch morning at the Renton Frys.  </p>

<p>I was there this morning about 45mins after opening to pick up a netbook and watched the line of "ticket holders" for a $177 Gateway netbook that they had advertised get told that, gee, they were awfully sorry, but they only had enough for folks up to the balloon marker on the line (which was maybe 20 people) but, gosh, they sure do have some great deals going on other netbooks and laptops.  Why don't you all go check them out?</p>

<p>I wasn't there for the Gateway, so I didn't realy care, but a few folks looked about ready to murder one of the sales clerks.</p>]]>
    </content>
    <published>2009-11-28T02:45:51Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003139</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003139" />
    <title>Comment from ExVee on 2009-11-27</title>
    <author>
        <name>ExVee</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Whether or not the store is initially at fault, this right here is spot on. If it had been me I'd have paid and taken possession of the TV immediately and then made whatever arrangement I had to for getting the thing home.  I don't want to rag on the poor dude, but I also would have not expected the store to hold my paid purchase for hours on Black Friday of all days. I would have worked out something the day before to get a ride with his obviously awesome friend or at least borrow his vehicle.</p>

<p>And while on an anti-establishment level I'm jazzed up by the idea of forcing the store to honor the sale and refuse to accept the money back after they've taken payment, I don't think that's viable. Being obstinate won't somehow produce another TV in stock, and the only other thing they could do is offer a different TV of similar value. But all they're obligated to do is give you your money back if they can't fulfill your purchase. I think there's a difference, though, between accidentally selling one TV that's out of stock, and selling at least ten. That *is* a failure of the store and in that instance I agree that the store needs to take action to make this right. </p>

<p>Makes me glad I don't live in a part of the country served by that chain. </p>]]>
    </content>
    <published>2009-11-28T02:38:39Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003137</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003137" />
    <title>Comment from fantomesq on 2009-11-27</title>
    <author>
        <name>fantomesq</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>The OP has options. Every Fry's has piles of forms at each register and at customer service that will go directly to their corporate office... and strangely, they actually usually produce results. They've worked for me every time I've been pushed to that level. Make sure you spell out your story clearly - the salesperson wrote you up for the TV, you paid and they failed to deliver the TV. The Store Manager would only offer a refund. You are asking for them to honor the original deal... the rest of the story is fluff and detracts from your message.</p>

<p>Ask for the number for the Corporate Office and ask for Customer Relations... Those complaints are directed to the store managers but corporate follows up on how well they are handled so also usually produce results.</p>]]>
    </content>
    <published>2009-11-28T02:32:53Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003134</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003134" />
    <title>Comment from barfoo on 2009-11-27</title>
    <author>
        <name>barfoo</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>No, I don't think it's necessarily part of the contract, at least as I understand it as a consumer. If I go to my local deli and order and pay for a tuna sandwich, and while I'm waiting for it to be made the deli guy says, "Sorry, we're out of tuna," I'd expect to be able to get another sandwich instead (if they're nice, including one of greater value), or my money back, at my discretion of course. But I wouldn't feel like the deli is <b>obligated</b> to give me an IOU for a tuna sandwich if I come back the next day.</p>]]>
    </content>
    <published>2009-11-28T02:22:20Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003109</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003109" />
    <title>Comment from elangomatt on 2009-11-27</title>
    <author>
        <name>elangomatt</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I'm glad that someone at least has the same view about the situation as me. We go through this kind of thing EVERY SINGLE YEAR on Black Friday. The store went by what their computer said the inventory was, handed out that number of tickets, and then found out that they didn't have enough in stock. I'd be willing to bet that the TVs were probably in the store somewhere, but one pallet got stored in the wrong spot and nobody noticed. </p>

<p>Do you people with your lawyer, attorney general, and BBB on speed dial really think that stores would intentionally oversell a product? Doing that would never be beneficial to the store. What the store should have done in this situation is at least give a raincheck or better yet, give a similar discount on a similar TV. What should the OP have done? Arrange to borrow the buddies truck on Thanksgiving day so that the OP could go and get the TV the first time through the line, load the TV up, go home, and get some more sleep. I would never expect a store to "reserve" a doorbuster item for me so that I can pick it up hours after the purchase.</p>]]>
    </content>
    <published>2009-11-28T01:35:35Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003097</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003097" />
    <title>Comment from DeeJayQueue on 2009-11-27</title>
    <author>
        <name>DeeJayQueue</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>According to the quote, the guy got his "deli number" ticket and when he went up to check out, they told him "no holdsies."  So he had to get out of line and phone a friend to tote the TV home.  While he was wandering around the store, the store was selling more and more TVs.  By the time he'd arranged for transpo and it showed, he was out of luck.</p>

<p>The right thing for him to have done would be to go ahead and take the TV right then and there, even before calling his pal.  That way it's in his hands, physically paid for and on a cart, and he can then wander around the store or head out into the parking lot and wait.</p>

<p>He probably didn't realize that the first ticket he got didn't guarantee him a TV all day long, whenever he felt like picking it up, and the inventory system didn't -1 just because that first ticket got printed.  It only takes the unit out of the system once it goes through the register at the very end of the line.  Someone should have told him this, and I think that's the only part of the story that Fry's is liable for.</p>]]>
    </content>
    <published>2009-11-28T01:15:26Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003094</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003094" />
    <title>Comment from La Mareada on 2009-11-27</title>
    <author>
        <name>La Mareada</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I don't know about other Fry's but that particular store(the Seattle area outlet) is my definition of hell. His description sounds like every weekend there. Lines of 100+ taking an hour or more to check out. They never have adequate stock of  their advertised "deals". Why would Black Friday be any different?</p>

<p>Drove by there on the way to T-giving dinner yesterday, the Fry's parking lot and one for the Target across the street were completely filled with camping customers.</p>]]>
    </content>
    <published>2009-11-28T01:09:45Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003091</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003091" />
    <title>Comment from bennilynn on 2009-11-27</title>
    <author>
        <name>bennilynn</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Fry's is terrible on Black Friday.  They are notorious for not having enough inventory and performing bait and switch on their customers.  A couple of years ago, I went on Black Friday to buy a PC bundled for an LCD monitor.  When we got through the lines, they told us they'd run out of the product.   Not stressing out too much about it, my sister and I browsed the store, only to find the aforementioned PC and LCD monitor sitting together on a nearby shelf.</p>

<p>We flagged over a sales person and asked if they had the PC's in stock. He said yes.  We asked him if they still had the LCD's.  He said yes.  We asked him if he could bundle those up for us so we could get the reduced price advertised.  He laughed in our faces  and informed us they only had THREE of them bundled up and that's all they were going to sell as a bundle. We were welcome to buy the PC and the monitor not bundled - of course, that would cost nearly DOUBLE the advertised price that got us into the store in the first place.</p>

<p>We left the store in disgust and honestly?  I've never since felt comfortable shopping there. </p>]]>
    </content>
    <published>2009-11-28T01:08:38Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003087</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003087" />
    <title>Comment from wickedpixel on 2009-11-27</title>
    <author>
        <name>wickedpixel</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>They probably intentionally hand out a few more tickets than they have TVs because they assume some people who take a ticket don't end up buying the item. Kinda like how airlines oversell flights. Just a possible explanation. I'm not saying they shouldn't offer a rain check (if they expect more in stock in the future - it might be a closeout item) or a token gift card. </p>]]>
    </content>
    <published>2009-11-28T01:02:18Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003084</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003084" />
    <title>Comment from robina on 2009-11-27</title>
    <author>
        <name>robina</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I would give another store more credit, but not Fry's. They have the absolute WORST customer service.</p>]]>
    </content>
    <published>2009-11-28T00:46:38Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003083</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003083" />
    <title>Comment from Shakinbakon on 2009-11-27</title>
    <author>
        <name>Shakinbakon</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Personally I don't understand how this could be bait and switch. If the company is offering a refund instead of a different product what exactly are they switching it with? Also, there is no mention of the ad. What does the ad say, if it says "quantities are limited" or "no substitutions or rainchecks" then Fry's is ok. There isn't anything that the BBB can do. Its just a case of tough luck. It happens sometimes.</p>]]>
    </content>
    <published>2009-11-28T00:45:45Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003078</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003078" />
    <title>Comment from 108Reliant on 2009-11-27</title>
    <author>
        <name>108Reliant</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Check the ads out for that store regarding this sale.  I can almost guarantee that there is some sort of phrasing such as only 10 per store.  If there isn't than you can tell that to your states Attorney General.  I'm not a lawyer by the way.  It's something I would do had I been given the runaround like you did.  I'd also stay forever away from letting them know they lost a customer.</p>]]>
    </content>
    <published>2009-11-28T00:33:22Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003077</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003077" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>There is a standard of reasonableness.   Certainly I think the retailer should have made some concession, be it a rain check, or a gift card or some other gesture. </p>

<p>Calling the AGO is pointless, as they don't handle individual matters, but act on patterns of anti-consumer or illegal behavior.   A letter to the AGO might be indicated.   The BBB is impotent and funded by business so that most assuredly is a waste of time. </p>

<p>The suggestion that someone should have "[D]one things to make sure it'll cost them a lot of money." Simply sounds illegal. </p>

<p>There are reasonable remedies, and none of those presented thus far, other than calling or writing the corporate office seem reasonable. </p>]]>
    </content>
    <published>2009-11-28T00:32:52Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003069</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003069" />
    <title>Comment from Boyd121 on 2009-11-27</title>
    <author>
        <name>Boyd121</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It does seem that this is a simple miscommunication among Fry's employees about stock, but this is the same Fry's, if I'm not mistaken, that got in trouble last year when employees charged customers for the privilege of moving up in lines. Given that history, it seems slightly less innocent.</p>]]>
    </content>
    <published>2009-11-28T00:16:15Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003066</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003066" />
    <title>Comment from Skellbasher on 2009-11-27</title>
    <author>
        <name>Skellbasher</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It's not a 'simple mistake' when chains pull this stunt all of time. I'm sure the weeks to come will be full of reports similar to this. </p>

<p>Holding a retailer accountable to provide what they advertise is not a waste of time or money. </p>]]>
    </content>
    <published>2009-11-28T00:14:12Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003065</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003065" />
    <title>Comment from G.O.B.: Come on! on 2009-11-27</title>
    <author>
        <name>G.O.B.: Come on!</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>How could they oversell it? Is it really that hard to:</p>

<p>1. Count how many you have in stock.<br />
2. Only give as many tickets according to what you have in stock?</p>

<p>Elementary math isn't that hard, Fry's.</p>]]>
    </content>
    <published>2009-11-28T00:11:27Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003061</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003061" />
    <title>Comment from Lolotehe on 2009-11-27</title>
    <author>
        <name>Lolotehe</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Is the OP still buddies with the friend he woke up?</p>]]>
    </content>
    <published>2009-11-28T00:09:06Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003060</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003060" />
    <title>Comment from feckingmorons on 2009-11-27</title>
    <author>
        <name>feckingmorons</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>It seems it was a simple mistake.  They had 10 fewer than the ~150 (or 400) televisions alloted to them, and unfortunately they sold them all before the young man could get his.   Certainly it would have been nice if he had been told that earlier, but I don't see the point in making a federal case out of it.    He suffered no loss, he was provided with a refund shortly after finding out that they had inadvertently oversold the item. </p>

<p>I truly don't understand the ticket, checkout, pay, and pickup from the salesman dance that he was required to do, and perhaps that contributed to the inadvertent overselling.    Everyone on here seems quite vengeful.   It is simply a discount on a huge television.    </p>

<p>People out of work, people who can't feed their families, and you people want him to call the Attorney general, the BBB, and doing things that will cost them a lot of money.    That is apparently what this country has come to... me first and screw anyone who gets in my way.   <br />
</p>]]>
    </content>
    <published>2009-11-28T00:07:01Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003056</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003056" />
    <title>Comment from dasunst3r on 2009-11-27</title>
    <author>
        <name>dasunst3r</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>If that happened to me or any of my friends, I would've done things to make sure it'll cost them a lot of money.</p>]]>
    </content>
    <published>2009-11-27T23:55:06Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003053</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003053" />
    <title>Comment from btipp2 on 2009-11-27</title>
    <author>
        <name>btipp2</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Wow. This seems like a big fail on Fry's part. I can understand supply issues getting the TV to the store, but at least adjust the number of TV tickets given out when that happens. I'm pretty sure that people would be more understanding that they weren't available than they would if they were lied to as they were now.   I feel like Fry's owe these people the TV, since they payed for it.</p>]]>
    </content>
    <published>2009-11-27T23:53:39Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003052</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003052" />
    <title>Comment from humphrmi on 2009-11-27</title>
    <author>
        <name>humphrmi</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>That seriously sucks.  Lesson learned: your Black Friday deal is not done until you have the product in your hands.  When you're lucky enough to get the TV in the interior line, don't stop until you have your hands on the box.  Pay for it, take immediate delivery, then call your friend, wheel the thing up to the front of the store, and then take a gunshot position in front of it until your friend arrives.  </p>]]>
    </content>
    <published>2009-11-27T23:53:10Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003051</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003051" />
    <title>Comment from dragonpup on 2009-11-27</title>
    <author>
        <name>dragonpup</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>This sounds like a bait and switch. Call your local attorney general Monday morning. I hope when you paid it was by credit card so there's a paper trail of charges. Also, call the local BBB, and Fry's corporate offices after wards.</p>]]>
    </content>
    <published>2009-11-27T23:52:31Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003047</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003047" />
    <title>Comment from Awjvail on 2009-11-27</title>
    <author>
        <name>Awjvail</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>Mind you, I would have settled with a raincheck no problem... they screwed up, the least they can do is provide the TV at a later date when they get any in...</p>]]>
    </content>
    <published>2009-11-27T23:49:45Z</published>
  </entry>

  <entry>
    <id>tag:consumerist.com,2009://1.10000249-comment:20003045</id>
    <thr:in-reply-to ref="tag:consumerist.com,2009://1.10000249" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html"/>
    <link rel="alternate" type="text/html" href="http://consumerist.com/2009/11/frys-sells-magical-disappearing-hdtvs-to-customers.html#c20003045" />
    <title>Comment from Awjvail on 2009-11-27</title>
    <author>
        <name>Awjvail</name>
        <uri></uri>
    </author>
    <content type="html" xml:lang="en" xml:base="">
        <![CDATA[<p>I wouldn't have taken the refund. You paid for the product... they HAVE to give you the product you paid for, do they not? Isn't that part of the contract you enter when you.. you know.. buy something?</p>]]>
    </content>
    <published>2009-11-27T23:48:33Z</published>
  </entry>


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