Quote:
Originally Posted by steve B
Even if there was enough money involved, which there wasn't could I win a suit? I'm thinking no, because they had a borderline plausible explanation and I wasn't out any money.
Sort of the same thing here.
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Yes, that's the long and short of it. There's harm to Memory Lane bidders kept in the dark in a very general sense (e.g., wasted time, opportunity cost), but not "compensable damages" in the practical and legal sense.
That's why most of the comments about Memory Lane's approach have been focused on their reputational hit, rather than actual legal consequences. They picked the approach that best served their consignors (to whom they owe a fiduciary duty), at the expense of their customers (where the relationship is defined by boilerplate terms of bidding).
I think Memory Lane probably made the correct call from a fiduciary perspective. They also made it clear that they're willing to deceive customers and waste their time if they decide it's in the company's financial interest. Their customers are entitled to be upset that they're on the losing side of that calculus, even if they can't prove calculable damages.