Lawsuit against Springfield Armory Inc?

[CoolClownFish]

I am wondering who is actually considering a lawsuit against Springfield Armory Inc. over the XDs Recall? I ask because I see lots of people saying they are fed up with the way SA has handled the recall and how SA is consistently saying the same exact, thing just written a different way, as an excuse for why our guns have not been returned. There are actually people all over FB that is fed up with them so in know I am not the only one.

 

[walt629]

Couple of questions for you:

How long has it been since you sent your gun back to Springfield?

How much is the repair costing you?

Have you been financially injured due to the recall?

Have you been physically injured due to the deficiency of the firearm?

If the time frame that Springfield gave you for the repair was exorbitant, you could have chosen to take the gun to a local gunsmith for repair (i would assume) and then you would not have been without your gun for the unusual time frame. But that means you would have to pay gunsmith prices where as the repair by the factory is costing you nothing (shipping and handling?)

YOu could have put the gun in the safe and gone out and bought yourself another pistol to replace the defective one.

I understand the frustration you're going through. I had the same type of issue with a factory safety recall, but for the life of me, I cannot understand why everyone is so all fired quick to jump on the lawsuit wagon.

If you weren't injured by the gun malfunctioning and Springfield is fixing the gun for free, what's the problem? They're not getting it done in the time frame YOU want it done so you want to sue them? Good luck with that.

 

[3gunshooter]

"If you weren't injured by the gun malfunctioning and Springfield is fixing the gun for free, what's the problem? They're not getting it done in the time frame YOU want it done so you want to sue them? Good luck with that."

That's the way people are now. Even some gun owners. I had a problem with my M1A after I got it, suing them never even came to mind.

 

[CoolClownFish]

Couple of questions for you:

How long has it been since you sent your gun back to Springfield?

How much is the repair costing you?

Have you been financially injured due to the recall?

Have you been physically injured due to the deficiency of the firearm?

If the time frame that Springfield gave you for the repair was exorbitant, you could have chosen to take the gun to a local gunsmith for repair (i would assume) and then you would not have been without your gun for the unusual time frame. But that means you would have to pay gunsmith prices where as the repair by the factory is costing you nothing (shipping and handling?)

YOu could have put the gun in the safe and gone out and bought yourself another pistol to replace the defective one.

I understand the frustration you're going through. I had the same type of issue with a factory safety recall, but for the life of me, I cannot understand why everyone is so all fired quick to jump on the lawsuit wagon.

If you weren't injured by the gun malfunctioning and Springfield is fixing the gun for free, what's the problem? They're not getting it done in the time frame YOU want it done so you want to sue them? Good luck with that.

How long has it been since you sent your gun back to Springfield? Over 1 month

How much is the repair costing you? Well if I have to go buy another gun, then approx. $500

Have you been physically injured due to the deficiency of the firearm? No, I thought I was doing the right thing by sending it in. However it is extremely concerning to me that I am unarmed in a bad neighborhood. I know this is not SA's problem that I cannot afford more than one but it is not my problem that they have a "Lifetime" Warranty that they will not honor either.

If the time frame that Springfield gave you for the repair was exorbitant, you could have chosen to take the gun to a local gunsmith for repair (i would assume) and then you would not have been without your gun for the unusual time frame. But that means you would have to pay gunsmith prices where as the repair by the factory is costing you nothing (shipping and handling?) This is not correct as they first stated they had a fix and it HAD to be done by them only. Then it was said that they did NOT have a fix.

YOu could have put the gun in the safe and gone out and bought yourself another pistol to replace the defective one. I shouldn't have to with owning a gun with a lifetime warranty. If it is defective, as they have obviously stated by issuing a recall, then a refund or replacement should be issued.

If you weren't injured by the gun malfunctioning and Springfield is fixing the gun for free, what's the problem? They're not getting it done in the time frame YOU want it done so you want to sue them? Good luck with that. The problem is that SA has deceitfully and intentionally misled their customers to believe that they actually had a fix when clearly they did not. Some people like myself do not have unlimited funds to "Go buy a new gun" when we bought what was supposed to be "The Best on the Market" already. So yes I do see a problem when a company shows that they care more about themselves than their customers. Their Lack of planning does not constitute a reason for me to go without a carry gun and I should not have to go buy another because they do not want to handle the situation in a timely manner or replace/refund my gun.

 

[CoolClownFish]

"If you weren't injured by the gun malfunctioning and Springfield is fixing the gun for free, what's the problem? They're not getting it done in the time frame YOU want it done so you want to sue them? Good luck with that."

That's the way people are now. Even some gun owners. I had a problem with my M1A after I got it, suing them never even came to mind.

Your M1A was not on a recall and they didn't lie to you about the issue. This is completely different circumstances with the recall. Had they first stated they did not have a fix or that it would ultimately take a long period of time, I would have a complete different opinion of SA than I do now. As it stands I will never buy SA again.

 

[Happypuppy]

It should be clarified that Springfield is referring to the repair/recall whatever as an " upgrade" I find it an odd term I assume there is some legal reason; It makes it sound like it is not as critical or defective

I am not a lawyer and I am unsure of the grounds for a lawsuit at this point. However I think if they were sued in Small Claims Court it would be an easy win. I think they would just give your money back. The last thing they would want are requested pertinent emails coming out in discovery, that might reflect badly on them depending on what the contain.


Go Seahawks!

 

[rehalfacre]

Quit crying!! I sent mine in as soon as the VOLUNTARY recall came out. They never stated in the recall they had a fix. They are testing and making it safe. If you wouldn't of sent it in and you got hurt you would yell lawsuit. Let SA do the job right and get your panties out of a wad!!

 

[Firefighterchen]

I am not, because from what I read I knew it would be silly to send my firearm in so quickly. I'll wait till the return time is a week or so, or maybe I won't, I have never experienced the malfunction they are concerned about. Neither has my cousins or co workers.

So....I don't know why someone would sue...nor do I know why they would send their firearm in without researching first.

Sent from my HTCONE using USA Carry mobile app

 

[BUmmedic]

Quit crying!! I sent mine in as soon as the VOLUNTARY recall came out. They never stated in the recall they had a fix. They are testing and making it safe. If you wouldn't of sent it in and you got hurt you would yell lawsuit. Let SA do the job right and get your panties out of a wad!!

+1. Agree with nosreme also, welcome to the new American way. And for Firefighterchen, the recall was voluntary, and they stated that no injuries had occurred from this possible malfunction. So the fact that you nor anyone else you know hasn't experienced it doesn't mean much. If my car manufacturer says that my braking or acceleration systems are subject to a recall to prevent a possible collision, I'm not going to wait until I experience something before letting the manufacturer take care of it.

 

[Kramer1113]

I think its difficult for many of us to empathize in this situation. But, If I had only one gun and had spent my gun money on it, and it was now gone for who knows how long, I would be upset, frustrated, concerned, and angry.
I lived in a really bad neighborhood for a few years. Let me tell you, the night time sounds are very different than in other neighborhoods and so are some of the daytime sounds.
Gun shots, speeding cars, people running down the ally, police sirens up and down the street, screaming and yelling, the near by abandoned building being burnt to the ground, drug dealers on many corners, children in need of food and clothing roaming the neighborhoods alone.
I can understand the concern and desire to have my firearm on hand.
If you haven't lived it, you'll never understand it. If you have lived it and don't understand, then you have forgotten.

 

[CoolClownFish]

Suing over inconveniences, slights, and hurt feelings is the American thing to do, especially if there's a, chance to extort a nice nuisance settlement. I'm sure there are people out there talking about a class action lawsuit with no clue what that really is or entails.

I'm not saying that inconveniences, slights, and hurt feelings are the case. Read my other posts before you jump into something you don't understand. Simply put I want a refund or replacement under their "Lifetime" warranty. But hey if you can't read or understand that this is not a bashing post that's your problem.

 

[CoolClownFish]

Quit crying!! I sent mine in as soon as the VOLUNTARY recall came out. They never stated in the recall they had a fix. They are testing and making it safe. If you wouldn't of sent it in and you got hurt you would yell lawsuit. Let SA do the job right and get your panties out of a wad!!

I don't get where you think "I'm Crying" so to speak. I simply am wondering who is and their thoughts or opinions. Also NO, they never "stated" they "implied" buy showing images of a gun that was supposedly fixed, IE.. the roll pin in the grip safety. As for the "testing and making it safe" and "Let SA do the job right" THIS SHOULD HAVE BEEN DONE THE FIRST TIME AROUND. Don't you think? So don't jump in and give me comments that make absolutely no help to the topic at hand. This is just a discussion not a ***** post so, How did you put it to me? get your panties out of a wad!!

 

[CoolClownFish]

I think its difficult for many of us to empathize in this situation. But, If I had only one gun and had spent my gun money on it, and it was now gone for who knows how long, I would be upset, frustrated, concerned, and angry.
I lived in a really bad neighborhood for a few years. Let me tell you, the night time sounds are very different than in other neighborhoods and so are some of the daytime sounds.
Gun shots, speeding cars, people running down the ally, police sirens up and down the street, screaming and yelling, the near by abandoned building being burnt to the ground, drug dealers on many corners, children in need of food and clothing roaming the neighborhoods alone.
I can understand the concern and desire to have my firearm on hand.
If you haven't lived it, you'll never understand it. If you have lived it and don't understand, then you have forgotten.

Exactly my thoughts too. This is the reason I bought the gun in the first place. Now it seems that with complete disregard for their customers situations SA thinks that it is OK to string their customers along.

 

[thru]

one month is NOTHING, guys. almost 40 years ago, I broke the transfer bar in a Charter .38 Undercover snubbie. It took them SIX MONTHS just to send me one that I PAID for. It took so long that I literally forgot that I owned that gun. If buying another gun $200 for a used Arcus copy of the browning, or a used keltec pocket 9, is such a big deal to you, I KNOW how much instruction and practice ammo you have paid for, and therefore, how skilled with it you aint. So I pretty much doubt that having it would do anything more for you than having an airsoft gun with the end painted black or cut off.

 

[CoolClownFish]

one month is NOTHING, guys. almost 40 years ago, I broke the transfer bar in a Charter .38 Undercover snubbie. It took them SIX MONTHS just to send me one that I PAID for. It took so long that I literally forgot that I owned that gun. If buying another gun $200 for a used Arcus copy of the browning, or a used keltec pocket 9, is such a big deal to you, I KNOW how much instruction and practice ammo you have paid for, and therefore, how skilled with it you aint. So I pretty much doubt that having it would do anything more for you than having an airsoft gun with the end painted black or cut off.

And so since you clearly have spare money to throw around, you feel that it was OK for a company to treat you that way? And when does someone who cant just throw money around like a millionaire a bad shot? You clearly have some issues with your method of thinking here.

 

[BUmmedic]

Live in a bad neighborhood... been there. Cars broken into, homicides around the corner from decent single family homes. Gun shot detection systems around the city. It was called Western New York, and I got the hell out of there. But put my trust in only having one gun? Yeah, right.

And for God sakes, get it right the first time??? Name any other gun company, or any company for that matter, that has gotten it right the first time... made a perfect product without any flaws, defects, or failures?

I'd rather put my stock in a company that acknowledges its potential shortcomings and does what it can to fix them, than one that is selling me the myth of a perfect product. This isn't a DVD player or a TV we're talking about. It's a tool that discharges ballistic projectiles faster than the speed of sound that can maim or kill another living being. If there's a recognized potential for an unintentional discharge, then fix it. And they're trying to do just that. Take all the time you need, just get it right, please.

 

[FNWylde]

+1. and thank you for not quoting anythingLink RemovedLink Removed

 

[CoolClownFish]

Live in a bad neighborhood... been there. Cars broken into, homicides around the corner from decent single family homes. Gun shot detection systems around the city. It was called Western New York, and I got the hell out of there. But put my trust in only having one gun? Yeah, right.

And for God sakes, get it right the first time??? Name any other gun company, or any company for that matter, that has gotten it right the first time... made a perfect product without any flaws, defects, or failures?

I'd rather put my stock in a company that acknowledges its potential shortcomings and does what it can to fix them, than one that is selling me the myth of a perfect product. This isn't a DVD player or a TV we're talking about. It's a tool that discharges ballistic projectiles faster than the speed of sound that can maim or kill another living being. If there's a recognized potential for an unintentional discharge, then fix it. And they're trying to do just that. Take all the time you need, just get it right, please.

1. Not everyone can afford multiple guns like you.
2. So your telling me that SA has not boasted about their "Gun of the year award" for the XDs line of firearms? and they haven't stated that they are the "First Name in American Firearms"? Every company out there says their product is "Perfect" and "The Best". This recall has not once been about the customer. The first recall page IMPLIED That they had a fix for the gun and it would be around 30 days for it to be returned. The second "Update" was to inform the customers that they did NOT have a fix and the time was going to be extended.

As for the "get it right the first time???" comment, that is expected ANYTIME I buy a firearm that I am going to trust period. Anyone who wants to buy a gun they can't trust can go buy a Hi Point or Jimenez. But when I pay for a "Top of the line" gun I expect a "Top of the line" experience. I agree that it should get fixed but there is a limit to what the customer should have to deal with. I can say that if they were more upfront about the recall from the start it would likely be a different story. But, When a company is deceitful and misleading to their customers to cover their asses, It tends to be really irritating.

 

[Firefighterchen]

+1. Agree with nosreme also, welcome to the new American way. And for Firefighterchen, the recall was voluntary, and they stated that no injuries had occurred from this possible malfunction. So the fact that you nor anyone else you know hasn't experienced it doesn't mean much. If my car manufacturer says that my braking or acceleration systems are subject to a recall to prevent a possible collision, I'm not going to wait until I experience something before letting the manufacturer take care of it.

I know it was voluntary. I know no one has been injured as well. I feel that everyone I know that has the xds 45 not having a single problem does mean much. Maybe not to you, but in my decision it did.

If my car company said a few cars out of 100000 cars might have a problem with the brakes, and I have not experienced that problem (after driving 15000 miles in 5 months), nor has anyone I know, and it was voluntary, I would not take it in either if the turn around time was 3 months.

Sent from my HTCONE using USA Carry mobile app

 

[wolf_fire]

Your M1A was not on a recall and they didn't lie to you about the issue. This is completely different circumstances with the recall. Had they first stated they did not have a fix or that it would ultimately take a long period of time, I would have a complete different opinion of SA than I do now. As it stands I will never buy SA again.

Ahhhhhhhh you finally hit the nail on the head. There is your legal recourse. If a company does something that inconveniences you or you feel did not treat the customer with the due respect you feel you deserve you always have the right to never buy from them again, spread word of how horrible their service was, etc.

But what grounds do you have for a lawsuit? First, you don't have a legal obligation to own a gun and when you said you had to buy another at $500 that was your choice. Even if you need this for work, it is not a legal obligation to own one, it is your company's requirement for working there. Second, since it was a voluntary recall, you volunteered to send it. Now you're whining how long it took. That's cool. But rather than complain, tell everyone how horrible their service is instead and hit the company in the wallet that way. You have no grounds for a lawsuit just because you FEEL they should do their jobs better. You haven't lost anything except the use of that particular firearm you voluntarily sent in for however long it takes SA to do their work. The fact of the matter is, they have your firearm, they are working on it and you will get it back. I'm fairly certain that is what the warranty states they would do. Does it state they will provide you with a loaner firearm if their repair work is to timely?

There is another school of thought here. SA did this as a preventative measure to ensure that their customers always have a firearm in good working order. Had you not sent it in, consider the possibilities that could happen. So did SA do the right thing by doing this recall, or did SA do the wrong thing because you think they are taking too much time?