http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
This is a VERY interesting read!!
Some of the key points:
1) after ordering, BFL had 30 days to deliver our product. If they were not able to ship in that time frame, they were to notify all customers and ask if they wanted to maintain their order.
On that point, they did notify customers. A few months ago they sent mail to all customers and asked to log in butterflylabs.com to submit an answer as to whether they wanted to maintain the order or not.
A few months ago does not equal 30 days after preorders were not fulfilled.
Read the legalese. It does not say 30 days. It says 30 days or the time [the vendor] stated.
I guess one could argue that after sending the second and subsequent notices of delay, BFL interpreted customers' silence as automatic consent, when they should have automatically refunded. But any customer suing BFL for that would not be acting in good faith. Those who initiated refund requests on their own were refunded, no questions asked, and all those who stayed silent really wanted to remain in line.