http://ia902308.us.archive.org/32/items/gov.uscourts.mowd.117531/gov.uscourts.mowd.117531.42.0.pdf
IV. Defendants Do Not Provide Refunds to Customers.
Defendants claim that they have provided a “full product shipment or refund” for “every
single order between August 9 and November 9, 2013.” Def. Opp. at 15. They provide no
supporting documentation establishing this fact. Directly contrary to Defendants’ statement, one
consumer stated in his declaration that after placing an order with Butterfly Labs in both
September and October of 2013 for over $7,500, he received neither a refund nor a product after
numerous requests.21 And, even in situations where consumers were able to get a refund, they
often had to resort to other methods such as their credit card’s dispute resolution process or civil
lawsuits before they were able to get a refund. For example, one consumer had to lodge a
complaint with his credit card company before he was able to obtain a refund.22 Another
consumer had to sue the Defendant through an attorney before he was able to get their attention
and have his money refunded.23 And still other consumers have never received a machine or a
refund at all.24 Defendants may try to argue that these are isolated incidents, but there are entire
threads on the blogosphere where consumers teach each other tips on ways to force Butterfly
Labs to provide refunds to the consumer.25 These threads generate hundreds of comments with
consumers all explaining their difficulty in getting a refund from Defendants.