They have sold units with no refund policy as of day 1. Even with this policy, it was possible to ask for refund and they were accepting them. Then they have double checked order status with every customer, providing refund to everyone who wants, notifying that refunds will be completely canceled soon. Is it not enough? Maybe they should have go to every customer doorstep to personally tell them "do not wait for your unit for 4 more months, take back your money instead"?

And now after all this - somebody thinks that he is special and all previous communications and notifications are not applied to him. Are you serious? Where have you been 2 months ago, when difficulty scyrocketed, and BFL was considered as scam? Now it is even better situation for BFL customers than before, they have a lot of confirmations that company is not scam.

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