There are a lot of lawyers in this thread attempting to provide
pro bono legal counsel to @LowEndLobster
I'm sure the man is quite capable of taking care of himself.
I'm also sure that there are some emails and/or Slack conversations flying back and forth at FMIC right now.
My two cents, from a business perspective (not a legal perspective):
- Gretsch (FMIC) went to some trouble to have those pickups made: they're not, to my knowledge, shared by any other instrument.
- The pickups are clearly intended to look like Filtertrons with a solid cover, and not like any known single coil pickup. (Jazz, P90, Strat)
- Accordingly, while "fraud" is a strong word, I don't believe it's unwarranted.
The only question is: has FMIC always known the pickups were really single coils, or did their pickup supplier pull a switcheroo on them and they didn't notice? (Since the pickups are welded shut, it's plausible.)
However, from the point of view of the consumer, and the reputation of Gretsch/FMIC, this doesn't matter. $300 is cheap...but many basses at that price point or less that come with humbucking pickups that are actually humbucking, from major brands like Epiphone, Dean, and FMIC themselves via Jackson and Squier, as well as store/house brands like Mitchell and Glarry. (Every P pickup is a humbucker.) "But it only costs $300" is not a valid excuse, and it's a definite black eye for FMIC.
What would I do in FMIC's case? I'm not immediately sure. These basses have been sold with single-coils for a long time, there are a lot of them out there, and any effort to fix thousands upon thousands of them would be amazingly costly, even though it's clearly the right thing to do. (Not because humbucking pickups are expensive -- they probably cost Fender a couple bucks each -- but because retrofitting them is expensive.) These are the sort of questions that keep managers up at night!