The outcome of the FTC would be that they step in and force-run BFL in a responsible way. Not everyone can win here, but the FTC would be your best chance.
No kidding - you can't even make this stuff up. The new BFL Monarch 600GH miner? - well it's already been delayed until February - see
https://forums.butterflylabs.com/monarch-discussion/4420-what-monarch-group-order.html (BFL_Josh himself). It was only launched a few days ago with claims it was going to be delivered in December! How many people have they now scammed into converting their existing BFL orders into a Monarch order (which cancels the previous order I might add).
It wasn't "launched" a few days ago, it was ANNOUNCED a few days ago. And it was clear from the beginning (to those of us who bothered to do a bit of cursory research) that it wouldn't be shipping until the current backlog of USB devices was shipped.