As jimmothy so correctly points out, if it hasn't shipped, under US consumer protection laws, I can request a refund.

They don't need to do it, but the law is on my side--not theirs. There's also a reasonable expectation that the product would be received "as advertised", which they aren't. They're being sent piecemeal, so even if they sent me my units tomorrow, they aren't complete -- no display -- no timeline on displays -- and shipping them only "upon request".

The X1 was a consumer miner -- consumer technology products do not require assembly. Would you be happy if Apple told you that your new iPhone was coming without a screen? You could get one, but you'd have to attach it, and they have no idea when... It will still ring, but you won't be able to see who's calling. Would you have plunked down $$ for that? I wouldn't have -- and that's what I based my purchase on. They haven't made their plan for addressing this clear until just a week ago. The lack of progress on this feature, despite months of "updates" that they would be included in the final version, that right there, is enough to warrant a refund. Now that they're about to ship, it's clear they will be a "do-it-yourself" addition.


As for suing them, I'm not sure if you're a US citizen, but let me explain to you how small claims courts work here. All that's required is for a plaintiff to file a claim with the court describing the cause for action against the defendant and defining the damages that are to be recovered (my order cost, in this case).

The process after that can vary, depending on the jurisdiction, but in Colorado, the claim will be received by the court. They'll review it and will set a trial date. They'll then serve them with notice -- this will be at least 15 days before the trial. The notice can be served by certified mail. So far, I've done nothing but explain my case to the court.

Now for cost -- and I'll paste directly from the CO/SCC rules, so you don't think I'm making things up, since this is usually the magic in small claims cases:
"Rule 507. Responses and Defenses: Each defendant shall file a written and signed response on or before the trial date. At the time of filing the response or appearing, whichever occurs first, each defendant shall pay the docket fee prescribed by law."

The costs of this type of preceding are, by law, covered by the defendant (MinerSource). So they'll need to take their checkbook to court just to answer the claim. Also, in cases when distance is an issue for plaintiffs (as is the case for me), the courts can provide an appointee to represent the plaintiffs action. So I don't even need to fly to Colorado to fight with them.


It won't.