Take a step back and consider some of the vitriol being posted on various forums.  It is one thing to write truthfully about your experiences with BFL, observations tied to those experiences, or those based on research of personalities/history of the company.  Some of what I am seeing here is a different matter altogether and could land some posters in legal hot water.

Disclaimer: My company and I do not have a dog in this fight as we have elected to go elsewhere with our resources after our conversation with BFL's Dave.  We play by the rules and expect everyone else to do so as well.

These are some of the red flags we see:

Ethics of this company has been called into question over business practices.
Our company found BFL to be in willful violation of state law and as a result may be playing fast and loose with others laws.
The company does a poor job on its public relations.
The delays, regardless of reason why, are wearing thin on the public and those that have pre-ordered. 
The time period from when the order was placed to actual delivery of ordered product is considered by many an opportunity cost that can't be made up.


The violation with the law is with the collection of sales in the state of Kansas.  Regardless of how your company conducts its business transactions, a physical presence in Kansas requires you to collect sales tax from any individuals and business entities physically present in the state of Kansas as well.  Conducting online sales only does not preclude a business entity from collecting sales tax from customers physically present in Kansas as the Supreme Court decision, Quill Corp. v. North Dakota, has been extended to online retailers as well.  Forming said business in a different state does not exempt you from this either as the law very clearly mentions 'physical' presence.  Given the nature of product being sold by BFL, exemption from collecting this sales tax from entities physically present in Kansas, as defined by Exception Certificates Pub KS-1520 coupled with KS-1510, Kansas Sales and Compensating Use Tax, is not possible as it is a finished product destined for end use by the consumer and does not fall within the several tax exempt product categories defined in these publications.

There are fines w/penalties and interest and possible jail time in the state of Kansas under KSA 79-3615 in regards to this violation.  Worse case scenario would be the suspension of online sales until BFL incorporates a sales tax collection system into their online store in addition penalties listed under KSA 79-3615


Now ignoring what we have found so far, this violation would only inconvenience BFL at best.

Should BFL pull through and deliver their products to the masses hence fullfilling their legal obligation in these commercial transactions, those that have been blasting BFL with SCAM this or SCAM without any basis in fact could then find themselves on the receiving end of a libel suit.