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Old 10 December 2019, 01:21 AM   #61
Rashid.bk
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I think I’d rather sue Home Depot. My understanding from reading the internet is they promote destructive policies towards Rolex watches and their wearers.

took me a minute...
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Old 10 December 2019, 01:24 AM   #62
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[QUOTE=Exploradori;10189961]Genuine question: given the huge market manipulation that we have seen in the Rolex market, can the company be taken to court? I'm not a lawyer but I would really like to hear from people familiar with consumer protection laws in the different countries. I know that false advertising is prosecuted by the law. I know that discrimination is too. Not to talk about market manipulation.

Not to get political but without checking I knew this missive came from someone on the east or west coast of the US.
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Old 10 December 2019, 01:27 AM   #63
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Originally Posted by Exploradori View Post
Genuine question: given the huge market manipulation that we have seen in the Rolex market, can the company be taken to court? I'm not a lawyer but I would really like to hear from people familiar with consumer protection laws in the different countries. I know that false advertising is prosecuted by the law. I know that discrimination is too. Not to talk about market manipulation.

It seems to me that the current state of the market has all this elements no? You see advertisements all around for watches that are not available. Or worse, not available to certain people but yes for others. You see non-authorized dealers manipulating the market, etc.

Can a case be made? Especially in the US/Europe? Honest intellectual discussion.
Rolex SA, the manufacturer, is a Swiss company so Swiss law would apply. Thankfully in Europe (and Switzerland to the best of my knowledge) you cannot just spuriously take a company (or anyone) to Court because you are upset about basic economics.

You could probably try sue Rolex USA under North American law, but I'm not sure what for - and you would most certainly lose.

Rolex SA advertises, accurately, watches it manufactures. There is no false advertising just because supply exceeds demand.

Nor does a retailer have to sell you anything. Certainly not in Europe, or, I believe, in the USA. Not selling you a watch because of race would be in contravention of consumer laws. Not selling you a watch because you haven't spent $100,000 on jewelery with that store is not. And anyway, that would be a case against the AD, not Rolex SA (or USA)

Consumer laws are there to protect you about the misrepresentation of what a product actually is or does, and its merchandisable quality. They are not there to protect the consumer's feelings becase you have been teased with adverts for items which are hard to procure from the AD network.

Apologies if this response comes across somewhat harshly, but to suggest Rolex could be taken to Court for not manufacturing enough watches to meet overall demand is ridiculous IMO.
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Old 10 December 2019, 06:40 AM   #64
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Every time I quit coming to this forum because of nonsense like this.

I wait a few days and come back, and this is the first thing I see.

SMFH.
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Old 10 December 2019, 06:54 AM   #65
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Quote:
Originally Posted by Exploradori View Post
Genuine question: given the huge market manipulation that we have seen in the Rolex market, can the company be taken to court? I'm not a lawyer but I would really like to hear from people familiar with consumer protection laws in the different countries. I know that false advertising is prosecuted by the law. I know that discrimination is too. Not to talk about market manipulation.

It seems to me that the current state of the market has all this elements no? You see advertisements all around for watches that are not available. Or worse, not available to certain people but yes for others. You see non-authorized dealers manipulating the market, etc.

Can a case be made? Especially in the US/Europe? Honest intellectual discussion.

I strongly recommend you spend your money on a lawyer and get this into action ASAP.

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Old 10 December 2019, 08:17 AM   #66
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These threads attacking Rolex, greys, ADs are ridiculous. Why are people so angry that they can't buy a luxury item at a low price?
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Old 10 December 2019, 08:28 AM   #67
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Originally Posted by locutus49 View Post
These threads attacking Rolex, greys, ADs are ridiculous. Why are people so angry that they can't buy a luxury item at a low price?


And do any of the people who are offered a PM watch by an AD at a discount insist that they pay MSRP?

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Old 10 December 2019, 08:30 AM   #68
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Good grief.
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Old 10 December 2019, 08:49 AM   #69
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Lawsuit to get a few stainless steel sports watches
OP is probably better off suing the Epstein estate and buy Pateks with the payout.
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Old 10 December 2019, 09:13 AM   #70
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I’m 5 for 5 tonight for clicking on dumby idiot threads tonight
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Old 10 December 2019, 09:19 AM   #71
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Originally Posted by Tools View Post
Do you have proof that Rolex has manipulated anything or broken any law?



Does Rolex make or charge anything beyond their standard wholesale profits?



Is Rolex illegally "fixing" retail prices too low to force competitors out of business?



Are they somehow inhibiting or pressuring competition?



What, exactly, would be the basis for a lawsuit against Rolex?


The above are the key questions.

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Old 10 December 2019, 09:21 AM   #72
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Originally Posted by Exploradori View Post
Genuine question: given the huge market manipulation that we have seen in the Rolex market, can the company be taken to court? I'm not a lawyer but I would really like to hear from people familiar with consumer protection laws in the different countries. I know that false advertising is prosecuted by the law. I know that discrimination is too. Not to talk about market manipulation.

It seems to me that the current state of the market has all this elements no? You see advertisements all around for watches that are not available. Or worse, not available to certain people but yes for others. You see non-authorized dealers manipulating the market, etc.

Can a case be made? Especially in the US/Europe? Honest intellectual discussion.


Yes, you can sue them. No, you won’t win. They advertise current watches they are producing. As a company they can manufacture as many watches in a year as they want. They can absolutely advertise a watch and make one per year if they choose. The lawsuit would have no legal ground to win.


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Old 10 December 2019, 09:23 AM   #73
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Originally Posted by Roger1079 View Post
Yes, you can sue them. No, you won’t win. They advertise current watches they are producing. As a company they can manufacture as many watches in a year as they want. They can absolutely advertise a watch and make one per year if they choose. The lawsuit would have no legal ground to win.


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Not sure if the law in the E.U. and FSA countries - but if such a suit was initiated - could the loosing party be responsible for legal expenses?

Steve


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Old 10 December 2019, 09:25 AM   #74
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I was told by a retailer in france that there was plans for legal action against Rolex from the retailers based on lack of supply and the outrageous prices that they have to pay to carry Rolex -
I am not sure if it was a serious statement or some musings of a frustrated AD, or a different spin on a way to tell me that they had watches, but didn't want my money unless its friends were coming to the party as well...

I could somewhat see a legitimate case there, if the retailers felt that they were promised X, but received Y as a result of the hot models being deferred to bigger markets... If you're a small AD paying Rolex $1m per year and getting nothing but unsellable DJ28mm and PM Daydates and Skydwellers, then there may be cause for claiming a violation of contract...if, and it is a BIG 'IF', that anywhere in the contract, it is written that they get X amount of Pepsi/Daytona/blue SkyD etc per year...

But for any individual consumer - to sue Rolex for not meeting consumer demand, sounds like the kind of statement where we don't know to laugh at your joke, or to be genuinely concerned about your mental well being

Unless Rolex promised them a certain number of a specific watch as part of the contract, they are guilty of nothing. Now if they are in breach of contract by not supplying watches they promised as part of the contract they can be sued for breaching the agreement. I’d imagine they have done no such thing.


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Old 10 December 2019, 09:35 AM   #75
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I hope this is not is this a serious post.
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Old 10 December 2019, 11:04 AM   #76
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I don’t know whether to laugh or cry. Again, for those who came in late, Rolex is a private foundation without an owner or shareholders. To answer your 4 questions in order.
You have no standing to take them to court at least in the US
You’re not even close on a consumer protection, false advertising or discrimination claim
Zero elements for a legitimate case. Manufacturers do not control markets, consumers do
Absolutely No in the US. But in Europe? I defer to my colleagues across the pond.
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Old 10 December 2019, 11:32 AM   #77
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Old 10 December 2019, 12:29 PM   #78
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Manufacturers do not control markets, consumers do


Well not exactly. Antitrust case law is full of examples.

Last century, the diamond market was entirely controlled by De Beers. The monopoly no longer exists, but diamond prices were driven by them vs. consumers.

Microsoft and others learned lessons too.


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Old 10 December 2019, 12:34 PM   #79
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Can Rolex be sued?

Agree! As you suggest above, the problem would be that Rolex, unlike De Beers or Microsoft, has tons of competitors. Which would eliminate an antitrust case. You have to show the defendant has control over the market and the market won’t be defined as Rolex watches - it would be defined as watches or, if a Plaintiff got lucky, luxury watches.


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Old 10 December 2019, 05:27 PM   #80
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Quote:
Originally Posted by Exploradori View Post
Genuine question: given the huge market manipulation that we have seen in the Rolex market, can the company be taken to court? I'm not a lawyer but I would really like to hear from people familiar with consumer protection laws in the different countries. I know that false advertising is prosecuted by the law. I know that discrimination is too. Not to talk about market manipulation.

It seems to me that the current state of the market has all this elements no? You see advertisements all around for watches that are not available. Or worse, not available to certain people but yes for others. You see non-authorized dealers manipulating the market, etc.

Can a case be made? Especially in the US/Europe? Honest intellectual discussion.
I’ve heard it all now
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Old 10 December 2019, 11:08 PM   #81
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Quote:
Originally Posted by donq View Post
Every time I quit coming to this forum because of nonsense like this.

I wait a few days and come back, and this is the first thing I see.

SMFH.
Exactly

Quote:
Originally Posted by locutus49 View Post
These threads attacking Rolex, greys, ADs are ridiculous. Why are people so angry that they can't buy a luxury item at a low price?
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