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Old 10 December 2019, 01:02 AM   #1
Ravager135
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Can they be sued? Sure.

Will anyone successfully litigate a suit against Rolex for not making enough watches? Not a chance. There's no evidence they are manipulating or falsely advertising anything. They are making watches and shipping them to ADs. Those ADs are then doing "something" with those watches. It might be selling them to customers, it might be selling them to grey dealers, who knows. The only point of potential contest would be Rolex's relationship with an AD "if" an AD was doing something shady or against their policy agreement.

Rolex is a private company. They can make as few watches as they want or as many as they want.
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Old 10 December 2019, 01:11 AM   #2
pickettt
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You'd have better luck suing your AD. (Better doesn't mean good....it just means better.)
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Old 10 December 2019, 01:10 AM   #3
77T
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Can Rolex be sued?

You might file...

...name Rolex USA...

...and after waiting 2 years for a hearing date...

...you get to appear...

...and the judge says...



Your request for a serious discussion will be dismissed in a NY minute.


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Old 10 December 2019, 01:13 AM   #4
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This thread is stupid. Let's all just go back to work.

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Old 10 December 2019, 01:18 AM   #5
Rashid.bk
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Oh, I forgot to add, apparently you can throw some bourbon companies into the mix. Have a law suit party.
Any other things going on someone is butthurt about that we can sue for....
Chik-Fil-A drive through lines are also getting rather long don't you think.
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Old 10 December 2019, 01:24 AM   #6
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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   #7
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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.
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   #8
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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   #9
bigfatpauli
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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   #10
locutus49
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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   #11
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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   #12
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Good grief.
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Old 10 December 2019, 08:49 AM   #13
rallyx
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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, 09:21 AM   #14
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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.


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   #15
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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, 11:04 AM   #16
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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, 12:29 PM   #17
77T
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Quote:
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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, 11:32 AM   #18
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You can always tell an American, But you just can't tell them much !
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Old 10 December 2019, 12:34 PM   #19
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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   #20
Nairn1980
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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   #21
beshannon
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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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