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Originally Posted by Tom Servo
That's probably going to be the situation by the time any case would be heard.
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I very much hope so.
These matters will vary by state. In my state, where a vendor or has taken a deposit from a consumer, and fails to deliver the item within a reasonable time, the vendor may be exposing himself to treble damages and reasonable attorneys fees.
I do not know the facts of this situation, so my comment isn't anything like a legal condemnation of Dick's. If the fact of this situation is that the chain of supply so completely buggered that obtaining the ARs to fill very recent orders is not possible, then returning the deposits for recent orders seems reasonable. That is very much distinguishable from returning deposits on $850 orders so that the same items can be sold in new $1500 orders.
In some states, consumer protections are not written to be evenhanded, but to give the consumer considerable leverage.