Topic: Sue BFL? (Read 2402 times)

Haven't people tried to sue them before? They were a pretty shady company to begin with, using customers products, releasing months late.

While Josh is still an a-hole, he is right that it won't fly in court.  But he is wrong about the reason.

You have to claim ACTUAL damages, not what you might have earned.  Every court in the nation will either throw out the suit due to lack of a claim, or will require the claim to be changed to reflect actual damages before it can continue.

Latest quote from your boy Josh/Inaba/BFL:



"Oh... while we're on the subject. The reason lawsuits like the one mentioned are so ridiculous is that they make claims about "lost revenue." I see this fairly often from people on here. The "retrocalc" thing is a good example of an incredibly stupid calculator... The fundamental flaw in the lawsuit on that point and in everyones claim of "I've lost YYY dollars due to BFL being late" is that it presupposes that you are the only person getting hardware. Even assuming NO other manufacturers ship, there are still hundreds if not thousands of miners ahead of you in line. So if we started shipping on X date, hundreds or thousands of people would have started mining BEFORE you, driving up the difficulty... so your "lost revenue" isn't even vaguely similar to what you get out of a calculator or your calculations. That is why any lawsuit about lost revenue is doomed to fail from the start, not even considering the fact that we never guarantee you will make a profit."

BFL is an scam company.
Last year on May I ordered a Jalapeno, which had a delivery date of 2 months, well after about 5 months I requested a refund, the refund was approved, but never executed, it was impossible to call BFL, and emails would be ignored by them, after 8 months I got the jalapeno even though a refund had been requested and approved. needless to say that the jalapen~o did not ROI, and it would overheat really bad, I had to create my own cooling solution for it.

My advice, only deal with companies that deliver on time, and stay away from all preorders, most preorders are scams.

Good luck, but honestly I think it's going to be difficult for you to get results. I've seen a few posts here from people who have already started the legal process against them.

If you want your devices, it's easy to get them; Grab pitchforks and burn sticks, then march up to their datacenter, and tell them to stop mining with customer's devices. Maybe that will work; I've never tried.

I think you have to sue yourself first for negligence.

Had you read the forums on BFL or did a history checkup you would have notice all their previous delays.

I also believe that their terms and conditions make space for them to delay things many, many months.

still have not sued them? why not?
I heard that someone stood on court against them several months ago.

Thanks a lot to all guys.

Per a post here, I have contacted Wood Laws, and sent the copies of my order and emails between me and BFL.

So far, they have not decided if to arise the cases to a class action, but they are collecting cases and evidences.

I guess they just want to see if this is worth to become a class action.

I am thinking to sue BFL at my local small claim court. It would not be too hard.

+1

but what about users who arent from USA?

All this complaining...seriously, if you want to do something then take it to a lawyer.  They will tell you if you have a case.  Try more than 1 lawyer as some will see things differently. 

Reading the OP, I would suggest you just sue them in small claims court.  If I had to guess, I doubt they will have anyone show up to defend them.  Make sure you get proof it was served on them and bring it to the small claims hearing.  My gut tells me they can't take your pre-order money and just keep it forever when they said it would be ready around a certain time.  At a minimum they need to give you your money back if you request it, no matter what they say about "all sales are final."  Otherwise I could sell you something and say all sales are final and expect it next month, but then wait 5 years to give you the product.  I'm a lawyer but this is not legal advice. 

what we can do?

they are just smile in ours face and counting ours money,
or mine BTC with our equipment, and when diff is to da moon 10000% they
give us 10 or 20% more hash power

It can be, but the "3 months" is a lie, it takes like a year.

+1

''welcome'' to the club

i dont know is it possible to sue them, because they wrote this in contract:

Launch Schedule

This is a Pre-Order product which is not yet live.  If you're uncomfortable waiting until the development is complete and the miners are active, do NOT pre-order this product. Perhaps undesirable, but this is a pre-order market.  Customers flatly demand to get in line for the new technology before it's finished development.  This has created a lot of drama for the manufacturers but it's something we simply have to deal with.  All manufacturers in this space have experienced some degree of delay with their first generation ASIC.  Every last one of them. So we're reluctant to give a specific delivery date.  However, this is our second generation, so we have much greater clarity on the process and we expect to launch xxxxl, 20yy.  Hosting contract equipment comes from our bulk production of Monarch cards so contracts purchased now will begin to be served in the (they add/change every month new served month)) June 2014 time frame.

Pre-Order Terms: This is a bitcoin mining hardware pre-order. 28nm ASIC based mining contracts are activated according to placement in the order queue, and initialization may take 3 months or more after order. All sales are final.

i dont know but maybe ''All sales are final'' cant be in this type of contract

Sorry about that, but you should read more about a company's reputation before you buy anything from them.
BFL is one of the oldest BTC mining hardware manufacturers, and also one of the worst.

If any of you like to start case against the scammers on European court,check our thread and contact us.
https://bitcointalksearch.org/topic/law-firm-offering-services-for-financial-and-bitcoin-problems-556208

Here you go: http://www.woodlaw.com/cases/butterfly-labs-and-bf-labs-inc-bitcoin-miners

Class action is starting.

Really saddened to hear about your bad experience with BFL. Have you raised any support tickets with the BFL? Also, can you please post here any of the replies which you have got from the BFL for your queries.

There def are people already suing BFL.  I think it's int he service discussion section.  They are class actions so that makes it easier for you to join in.  Just contact the lawyers.

Think there are already a few lawsuits going on against BFL but best luck to you mate