Post
Topic
Board Mining speculation
Re: BFL Monarch - Delivery Dates
by
heldertb
on 03/06/2014, 15:02:30 UTC
Do not have to be a US citizen to get justice.

Good luck.

USA v Vleisides Transcript

Code:
Q. And similar to what we talked about before, is ButterflyLabs keeping
its customers apprised of its progress in that regard?

A. Yes. I think, you know, we had a newsletter that was just recently released
to anyone who's ordered from us before advising them of the status of the
current product.

Q. Okay. So, in other words, they're not hiding from the product, that they are
trying to address it actively?

A. Yes.

Judge:  But if I find out that there is this fraud word involved in this part,
you know, Mr. Vleisides, as we say here at the courthouse, you need to
get your toothbrush and get your things in order,  because fraud will not be
tolerated, you understand that? So I would work very hard to make these
consumers happy consumers who you've dealt with.

I hope Butterfly Labs is a legitimate company that enjoys success. But
there's a smell, and that's what I'm addressing today.

Over a year later and we still have to let people know you are NOT required to wait for a refund. Do not believe what BFL tells you are the terms they are counter to FTC regulations. The miner may have changed but this time Sonny V. has to refund or face jail. It is in your best interesting to request a refund now and explain clearly to BFL you will be reporting it to his probation officer.

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



Public Service Announcement:

If you have ordered from Butterfly Labs (BFL) and have not yet received your product, you are entitled to a refund whenever you request one (per FTC rules).

First ask Butterfly Labs (BFL) for one, they will probably say no but you might get lucky.
If you ordered via PayPal you can file a complaint with them even if you are outside the 45 day window. One customer has already gotten a refund from PayPal that was outside the 45 days.

If you ordered via BTC or Bank wire, you can fill out a complaint with the FTC and they will advocate for you with Butterfly Labs (BFL) to get your refund. You can also contact the office of the Kansas Attorney General and inform them that you have had your money taken with no product delivered for months, just more promises.

There are also several threads on how to get a refund from Butterfly Labs (BFL), here are two:

https://bitcointalk.org/index.php?topic=266945.0
https://bitcointalk.org/index.php?topic=272585.0


Ugh, they are not giving up...
Guess I'm going to file a complaint. Anyone has any more tips for me? All welcome...
Code:
Hello,

We are not able to take action on your orders until they would become 6 months from the order date.
At that time, once they were eligible for a refund we would certainly honor such a request.
If you do take legal action, we would be unable to take any further action on your order.

Dennis BF Labs