About a Lawsuit....

[JPP13]

First off, I'd like to thank everyone involved with this site. I've read here silently for a long time without posting. Also, I've pre-ordered the DVD set like most of you. I truly am amazed that the fans here were able to get this set out. And like most of you, I'm rather concerned about the developments.

I noticed a thread about a class-action lawsuit, and have seen various discussions about suing, etc. I am an attorney, and have a little bit of insight into this, plus I am a fan, which gives me some perspective, I hope.

The class of individuals affected, does not constitute a "class" for purposes of a lawsuit, in all likelihood. And without getting all technical about it, the amount of attorney fees will outweigh any damages or recovery, thats the bottom line. There will be no class action suit.

That said, we all have remedies. I have canceled my AU order and pre-ordered through Amazon. I know there is at least 2 other distributors as well, which will also suffice. I don't care one iota about the lunch box, though the bonus material intrigues me. My belief is that if enough people cancel their order, AU will HAVE to sell the bonus disk on the secondary market, or re-license it out to Amazon, etc. I cant see it being very difficult to buy, though I may need to wait a bit for it.

If canceling your AU order, make sure you notify your credit card you are disputing the charge for the set, as well as telling AU. Since AU has breached its agreement by not complying with their own advertised shipping date, IMO, they dont have any legal reason to delay a refund.

[phelix]

If canceling your AU order, make sure you notify your credit card you are disputing the charge for the set, as well as telling AU. Since AU has breached its agreement by not complying with their own advertised shipping date, IMO, they dont have any legal reason to delay a refund.

For those of us who prepaid back in march and april, that won't do any good. My bank won't reverse charges on a tranaction that old (already asked them). And given AU's track record, I doubt you'd ever see a refund.

[JPP13]

Phelix, you are right about that. Older refunds are more difficult. In that case, your remedy after demand upon AU, if no refund is sent, is to contact the local Attorney General's Office. Unfortunately, it won't pay to individually sue for a refund, and I'm sure AU knows this.

Should you want a refund, I would be attempting right now to get AU on the phone and via mail and attempt to have them do it in good faith. (yeah, I know).