Upper deck loses court case over redemption cards

[FreeMan12406]

Beckett News Upper Deck loses court case over redemption cards

A Michigan man took Upper Deck to court over redemption cards that were not fulfilled and won his case back in March, a $1,329 judgment.

But as of April 12, he had not been paid.

David Bailey, an Emmy award-winning chief investigative reporter for a CBS-affiliated television station, was the plaintiff in the case — and a collector of 2007 SP Authentic baseball cards. He said he purchased upwards of 10 cases of the product and opened them recently. However, he had no idea there were expired redemptions inside — and he took the card company to court when he did not hear from it when he was left empty-handed.

“My read of Michigan’s consumer laws suggests what they’re doing is illegal,” Bailey said. “Upper Deck ignored me, so I made good on the promise and sued them for all my expired redemptions — $1,300 worth on the low end of Beckett’s price [ranges]. I had a Roger Clemens/Derek Jeter and a couple of Tim Lincecum/Matt Cains. I really wanted the cards, not the cash.”


When the trial date in the Michigan District Court came on March 8, according to court documents, Upper Deck sent a representative who was not a full-time employee of the company. Bailey won by technical default because the state requires an employee present in the court.

An Upper Deck official declined to comment on the case.

“The judge right off the bat told [the Upper Deck worker] in Michigan he couldn’t represent UD at the hearing,” Bailey said. “But I asked the judge [Pablo Cortes] to hear the case, anyway, and he did. He compared the expired redemptions to lottery tickets … and said on lottery tickets, at least you know before you buy what the end-date of that game is.”

Upper Deck was required to pay $1,275 in damages plus $54 in fees within 21 days of the decision. That was March 29.

“I didn’t want the attention on the case until UD thumbed its nose up at our local justice system by not paying the judgement,” Bailey said. “It’s outrageous.”

Upper Deck, which has other court cases ongoing — including a trial where Kareem Abdul-Jabbar is suing for unauthorized use of his likeness that started today — has recently been taken to court by Major League Baseball and NFL Players Association. The NFLPA is suing for nearly $1.5 million in unpaid autograph fees for its players as well as unpaid royalties, while MLB is suing for more than $260,000 that has gone unpaid as part of the settlement in its 2010 trademark infringement lawsuit.

[BAMBAM]

You missed this :

http://www.blowoutcards.com/forums/b...gainst-ud.html

[FreeMan12406]

Yup. Sure did.

Now here's a write up about it.

Enjoy.

[achilles01987]

Wow! The end of UD?!

[BoxBreaker72]

They will be no more in a year or so IMO. A real shame what happened to UD. They used to be the gold standard in the hobby. Nothing but clowns there now.

[nabzy28]

Ahh, so this would be the likely reason behind the "call center upgrade" at panini... Thousands of collectors aren't worth their efforts or consideration but, hit 'em in the wallet and watch 'em scramble.

[kyle1707]

good for him...

But it sounds like he is wasting his time..

UD is not paying anyone...

[freethrowtommy]

Originally Posted by kyle1707

good for him...

But it sounds like he is wasting his time..

UD is not paying anyone...

True story... they don't pay the players who sign for them, not sure how OP is planning to get cash out of that.

[pryorfan2]

So UD might get shut down??

[stalzer49]

Originally Posted by freethrowtommy

True story... they don't pay the players who sign for them, not sure how OP is planning to get cash out of that.

What these card companies have done to this hobby is outright fed up. I can go on and on who needs 700 boxes of cards??????

[freethrowtommy]

Upper Deck to the customers...

[mightbe]

So, that product did not state anything about time sensitive redemptions? Or was the lawsuit because it was not specific in actually stating the expiration dates. I always felt that the actual expiration dates should be stated on the packaging.

[37Jetson]

Upper Deck will soon enter bankruptcy so the plaintiff will see pennies on the dollar at best in the bankruptcy judgement.

[nvious23]

They sick I waited over 4 years for a redemption. I finally got it but come on 4 drinking years.

[nvious23]

Wow auto spell correct makes my post above seems like ive been drinking lol

[limitedplay]

and they may have a vault full of autos of guys like Jordan, Kobe, Lebron ect. They will probably get dumped onto ebay. Millions in cards that Im sure are untraceable

[hofmichael]

Originally Posted by kyle1707

good for him...

But it sounds like he is wasting his time..

UD is not paying anyone...

You are most likely correct but it is a step in the right direction.Card companies will be forced to take notice of this.Now that one guy stepped up and won it opens the doors for a flood of suits to follow.This is huge for collectors.I thank the gentleman who stepped up and challenged the redemption standards as we currently know them.

[t2554]

In other news, who knew we had an Emmy award-winning chief investigative reporter posting on our boards?

[MasterPattie]

[kevinandji]

I stepped away from the hobby after the 80s and my 5 year old got me back in it this year. I have seriously gotten a new collecting crash course between redemptions, Paninis Black Friday (right name for it) and many more lessons learned. I seriously cannot understand why it has taken so long for this redemption garbage to be brought to court. Nothing worse than extending multi million dollar companies credit without any promise you will see your card. I mistakenly purchased a case of 2005 UD SP hoping for a Rodgers rookie auto. I did not know it was a redemption and thankfully I did not hit one. Pay close attention to that last sentence...I am happy I did not hit a Rodgers rookie..wtf...thanks redemptions for the black eye you are. I still have a stack of worthless expired redemptions and a stack of unfulfilled redemptions over 6 months old. Of course that is peanuts compared to those who are waiting years. Is this supposed to be ok? Status quo? It needs to be addressed. Should we just really accept it because we enjoy the hobby? If you don't like it don't buy attitude. These companies are inducing us to buy based on excitement of hitting something good. This should not be an I.O.U. piece of paper. Topps has at least fulfilled my redemptions timely. PANINI YOU SUCK!!! Your Black Friday promotion put me down and my 40 plus unfulfilled redemptions are kicking me while I am down.

[ssbledsoe]

Originally Posted by freethrowtommy

Upper Deck to the customers...

This made me laugh hysterically. Thank you, sir!

[pmannings#1fan]

Originally Posted by freethrowtommy

True story... they don't pay the players who sign for them, not sure how OP is planning to get cash out of that.

If UD does not pay then they will be found in contempt of court & another judgement shall be made. I'm bankruptcy is on the way & they will make good on it.

[510mikey]

Originally Posted by BoxBreaker72

They will be no more in a year or so IMO. A real shame what happened to UD. They used to be the gold standard in the hobby. Nothing but clowns there now.

thanks to crybaby dealers like you

[blevins26]

Regardless of whether UD pays or not, I'm glad someone stood up for the little guys. I'm a huge Giants fan and I hit a Lawrence Taylor auto on a box of 09 SP authentic. Guess what? Expired redemtion, no card for me. UD & the seller provided no information ahead of time for me to know A) that the redemptions inside the box were expired or B) the odds of getting a redemption. I will never buy from UD again and it looks like only a matter of time before it's not even an option.

[cking]

Originally Posted by freethrowtommy

Upper Deck to the customers...

Originally Posted by ssbledsoe

This made me laugh hysterically. Thank you, sir!

That is pretty good. Gorillas do pretty much whatever they want, who is gonna tell them diffrent. Guy was probably heckling him. I hope it was poo he tossed at him He has a pretty good arm, the Mets should give him a tryout.