Post
Topic
Board Legal
Re: Is Buttefly Labs breaking the law?
by
Flying Hellfish
on 01/07/2013, 10:58:54 UTC
Let's run this up the flagpole.  Is Butterfly labs breaking any known American federal or state laws?  


I'm wondering about:

Technology Export Laws
Mail or mail order fraud (Like the ?founder? appears to have plead guilty to)
Uniform Commercial Code
Money printing machine laws
FCC (https://bitcointalk.org/index.php?topic=110805.msg2622757#msg2622757)
other


This is in response to the long running thread here:

https://bitcointalk.org/index.php?topic=110805.0





Since they have stopped issuing refunds it certainly appears to me (IANAL) they are at least breaking FTC regulations.  It would seem that UNTIL the product is physically shipped a customer has the right to cancel their order (for ANY reason) and the company MUST issue a prompt refund. 

Below is quoted from the link at the FTC site (bolded is mine)

When You Must Cancel an Order

You must cancel an order and provide a prompt refund when:
•the customer exercises any option to cancel before you ship the merchandise;
•the customer does not respond to your first notice of a definite revised shipment date of 30 days or less and you have not shipped the merchandise or received the customer’s consent to a further delay by the definite revised shipment date;
•the customer does not respond to your notice of a definite revised shipment date of more than 30 days (or your notice that you are unable to provide a definite revised shipment date) and you have not shipped the merchandise within 30 days of the original shipment date;
•the customer consents to a definite delay and you have not shipped or obtained the customer’s consent to any additional delay by the shipment time the customer consented to;
•you have not shipped or provided the required delay or renewed option notices on time; or
•you determine that you will never be able to ship the merchandise.


http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule