I am I supposed to know these units are not FCC certified?
Read the link above, I have a call into the FCC and they are looking into it.

Either it is legal to sell or not...

Can you sell computing devices without a FCC sticker in the USA?
or a periphial that has a clock rate over 9MZ

If BFL would be prompt with customer service perhaps they would not have gotten this drama, the point is, if it is legal or not.
If illegal then all transactions are null and void.

The FCC regulates this stuff to protect you and I form invisible microwave type radiation emitting form the device.

You ld you want a microwave in your house that was not certified?

Im sure you would, go take the door off and jumper the safety disconnect and see what happens to you after a few months of constant use

George