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Topic: YES, you can get a REFUND from BFL (Read 45622 times)

legendary
Activity: 1176
Merit: 1005
November 22, 2014, 06:32:47 PM
The judge issued a default judgment in favor of the plaintiffs in at least one non-delivery case.  (A default judgment occurs when the accused does not bother to respond or show up in court.)  BFL now wants that default judgment overturned.  My opinion:  When they found out that the legal system does work, even if not quickly, arrogance became fear.

Default judgments are fairly routinely overturned when they result from a mere mistake or inadvertence.  The doctrine is called excusable neglect and generally applies with trivial missed deadlines and actually having a valid defense.  BFL may be SOL on the latter part, though courts usually would prefer to decide cases on the merits as opposed to procedural defaults.

(Now, when a default is due to willful bad conduct, it's a different matter.  Not sure if that applies here.)
sr. member
Activity: 364
Merit: 250
November 22, 2014, 04:05:51 PM
Well if only I would have paid Minersource with paypal then I might get back that refund Minersource promised to me which never arrived.
legendary
Activity: 3346
Merit: 3125
November 22, 2014, 11:15:54 AM
Thx to share this, whit this infromation people can know the steps to get a refund inf the buy goes wrong.
hero member
Activity: 924
Merit: 1000
November 22, 2014, 11:08:34 AM
bump
You really need more training...


And a Public Service Announcement!
If you have ordered from 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 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 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 BFL, here are two:
https://bitcointalksearch.org/topic/yes-you-can-get-a-refund-from-bfl-266945
https://bitcointalksearch.org/topic/butterfly-labs-did-everything-they-could-to-make-getting-a-refund-impossible-272585
 

Remember when BCP helped people get refunds?
hero member
Activity: 924
Merit: 1000
April 19, 2014, 12:23:17 AM
monarchs are held back for their own use, they will be shipping once their usefulness is exhausted by BFL

If you can prove that there is a law firm that wants that evidence.

Contact them here: http://www.woodlaw.com/cases/butterfly-labs-and-bf-labs-inc-bitcoin-miners

Discovery could prove this.

Yes... I can't wait for that. I am betting there is plenty available in BFL records to sink them permanently. I wish someone at BFL would roll now to save their own asses and push the end game faster.


"It's not pining it's passed on! This parrot is no more! It has ceased to be! It's expired and gone to meet its maker! This, is a late parrot! It's a stiff! Bereft of life, it rests in peace! If you hadn't nailed it to the perch it would be pushin' up the daisies! It's rung down the curtain and joined the choir invisible! "THIS IS AN EX PARROT!"


full member
Activity: 158
Merit: 100
April 19, 2014, 12:22:01 AM
monarchs are held back for their own use, they will be shipping once their usefulness is exhausted by BFL

If you can prove that there is a law firm that wants that evidence.

Contact them here: http://www.woodlaw.com/cases/butterfly-labs-and-bf-labs-inc-bitcoin-miners

Discovery could prove this.
hero member
Activity: 924
Merit: 1000
April 19, 2014, 12:19:43 AM
monarchs are held back for their own use, they will be shipping once their usefulness is exhausted by BFL

If you can prove that there is a law firm that wants that evidence.

Contact them here: http://www.woodlaw.com/cases/butterfly-labs-and-bf-labs-inc-bitcoin-miners

I think the cost of production vs. the mining that they are capable of has already crossed the line. They can't even make BFL coins vs fabrication and electricity etc so I don't know what they are planning to do with these underperforming units. Time to "revamp" the design and get more pre-orders I think. Use a mining calculator and do the numbers.
full member
Activity: 147
Merit: 100
April 19, 2014, 12:18:36 AM
monarchs are held back for their own use, they will be shipping once their usefulness is exhausted by BFL Smiley
legendary
Activity: 1652
Merit: 1067
Christian Antkow
April 18, 2014, 11:33:40 PM
*mumbles something about chickens and roosts*
hero member
Activity: 924
Merit: 1000
April 18, 2014, 11:28:45 PM
In the "it ain't over 'til it's over" category ...

Today (April 18, 2014) I got a call from the District Attorney's office where I filed the complaint.  The investigator commented that there had been numerous complaints and that he was contacting all the victims -- his wording, not mine.

In other "not so fresh" world news ...

The judge issued a default judgment in favor of the plaintiffs in at least one non-delivery case.  (A default judgment occurs when the accused does not bother to respond or show up in court.)  BFL now wants that default judgment overturned.  My opinion:  When they found out that the legal system does work, even if not quickly, arrogance became fear.

http://www.bizjournals.com/kansascity/news/2014/01/15/leawood-bitcoin-company-faces-lawsuit.html


2nd Lawsuit... more to come.

http://www.bizjournals.com/kansascity/news/2014/04/08/bitcoin-mining-class-action-lawsuit-butterfly-labs.html



I'll submit my questions for the "town hall" now.

1. Is Sonny Vleisides the BFL employee who signs his emails "Sonny K?" Why the K? Is he intentionally trying to conceal his identity even more than just using V?

2. Did Sonny Vleisides found the company or is he merely an employee? The following quote makes it sounds like he is simply one minor employee:
Quote from: Inaba on September 19, 2012, 10:30:56
...we're a robust company with 22 employees.  One of them has a colorful background in offshore libertarianism.

3. To be clear, is that employee with the "colorful background" Sonny Vleisides? If so, I am not sure "offshore libertarianism" is a fitting euphemism for the crime for which he was convicted. The victim statements in the affidavit posted by blakdawg are incredibly depressing.

4. Of those 22 employees, are any of their names: James Ray Houston, Rex Rogers, Dennis Emmett, William Cloud, Henry Walther, Scott Henry Walther, PJ Swink, or Michael Swink?


"One of them has a colorful background in offshore libertarianism." - Josh

So defrauding people for millions is just a colorful background in offshore libertarianism? The realty is he is a convicted felony and Josh might want to sell him out now before it is too late.
newbie
Activity: 46
Merit: 0
April 18, 2014, 05:11:06 PM
I wanna comment his^ profile photo!

Good on Ya!

I hope everyone takes action cause these days, every dollar counts.

And this kind of bad publicity hurts everyone.
Forget what BFL thinks, BTC is what matters and having anything for the media to bite on is just self-destructive.
member
Activity: 117
Merit: 10
April 18, 2014, 03:26:59 PM
In the "it ain't over 'til it's over" category ...

Today (April 18, 2014) I got a call from the District Attorney's office where I filed the complaint.  The investigator commented that there had been numerous complaints and that he was contacting all the victims -- his wording, not mine.

In other "not so fresh" world news ...

The judge issued a default judgment in favor of the plaintiffs in at least one non-delivery case.  (A default judgment occurs when the accused does not bother to respond or show up in court.)  BFL now wants that default judgment overturned.  My opinion:  When they found out that the legal system does work, even if not quickly, arrogance became fear.

http://www.bizjournals.com/kansascity/news/2014/01/15/leawood-bitcoin-company-faces-lawsuit.html


I wish you the best of luck. I hope everything works out for you in the end.
newbie
Activity: 36
Merit: 0
April 18, 2014, 03:20:24 PM
In the "it ain't over 'til it's over" category ...

Today (April 18, 2014) I got a call from the District Attorney's office where I filed the complaint.  The investigator commented that there had been numerous complaints and that he was contacting all the victims -- his wording, not mine.

In other "not so fresh" world news ...

The judge issued a default judgment in favor of the plaintiffs in at least one non-delivery case.  (A default judgment occurs when the accused does not bother to respond or show up in court.)  BFL now wants that default judgment overturned.  My opinion:  When they found out that the legal system does work, even if not quickly, arrogance became fear.

http://www.bizjournals.com/kansascity/news/2014/01/15/leawood-bitcoin-company-faces-lawsuit.html
BKM
sr. member
Activity: 315
Merit: 250
December 11, 2013, 06:25:56 PM
Here is a little cautionary tale about chargebacks and the lesson learned:

I ordered a total of 12 Single SC 60's in March of 2013.

Waited, waited.... watched and waited. Due to the opacity of the approach of reporting shipments by paid date, my general discontent and getting caught up in the charegback wave of August / September I actively pursued charging back my orders which were made via PayPal and funded by American Express. I think PayPal ran out of BFL holdback funds so that was a dead end and they suggested I try Amex one more time. I did and to my great surprise they accepted the dispute even though it had passed the 90 day cut off. I thought they were doing a great favour and that I would be sure to "win" because of all the issues...... What they failed to mention is that they had no recourse to the merchant after 90 days and that their role would only be that of an intermediary in the process of communicating with BFL. The disputed charges were accepted on September 25th.

BFL shipped my first order of one miner on October 11th. Ten more miners were shipped Fedex overnight 6 days later and the last one was shipped not long after. In consultation with Amex I refused the orders. In the end, all 12 miners were refused and returned to BFL. On December 6th it was finally confirmed that nothing was going to come of the charegeback (of course) and that I was fully and completed F'd. There were many situations where Amex could have cleared the air - at one point they even stated that the chargeback was awarded in my favour because the merchant (BFL) had not contacted them in the 8 weeks since the dispute was accepted. I was happy at that point that it was finally concluded. Three days later I learned in a follow up call that, no, the matter was not concluded at all.

In the end I am now back to BFL with my (ass)hat in hand trying to sort out what I owe them for additional shipping and just move on. Clearly this whole escapade has cost me dearly. The tale is not one that will apply anymore to most people as BFL long ago stopped accepting PayPal and credit cards etc. Nevertheless, I thought it might be good information to anyone else who is pending a decision from their credit card company regarding a chargeback. The 90 day cutoff is not some arbitrary limit - the company has no way to collect your money. Move on - take your gear and start mining. Tomorrow will be a better day.

In conclusion, I maintain that I made the best decision I could at the time with the information I had. If Amex had been more transparent in its process then the outcome would have been very different. Whatever the case I am making good with BFL and working to secure my miners as fast as I can. Thanks BFL_Emily for your support in this process......

No rear view mirrors in Bitcoin land..... petal to the metal. ┗(°0°)┛
full member
Activity: 217
Merit: 101
December 06, 2013, 08:07:10 PM
My story yet paused on receiving miners at the end of November (after 7 months since my last order was made). One of 5 LSes was DOA, another one was not hashing at full speed. Sent emails to BFL, it is a week already without a reply.
AGO did not help to get refund as they took more than 2 months to reply and just forwarded to me again BFLs "all sales are final" term.
Judging on a screw dropped out from inside of one of miners I think the received miners will not last very long as poor quality.
Finally got banned yesterday on BFL forums without reason been explained I suppose by SLok.
So at the moment, no refund, obsolete, failure and broken devices, no support, that is the Butterfly Labs.
hero member
Activity: 518
Merit: 500
November 20, 2013, 02:59:21 PM
I have also finally got my refund of $500. Smiley

This was after 4 months of waiting. I know not a huge amount, but still.
hero member
Activity: 924
Merit: 1000
November 20, 2013, 12:20:04 AM
After 8 weeks of no response from BFL to Amex and my refusing shipments of 11 singles I am happy to say that the chargeback process is complete and I am finally rid of BFL after 8 long months. Good riddance!

That is excellent news.



sr. member
Activity: 266
Merit: 250
November 19, 2013, 06:20:33 PM
Thanks, I WILL be taking any and all offers for witness testimony, I requested a refund and cancellation of my order that was denied, this violated my state laws as well as FTC guidelines, also researching on other laws they have broken.  PM me

I wouldn't waste too much time gathering evidence, BFL will just string it out until the last moment then settle, no way are they going to appear in court and set a precedent.

Hey guys, Please check out this web form and if you have a few minutes, please fill it out with your experiences with Butterfly Labs Inc, it will be forwarded to the Pennsylvania Attorney General as well as admitted as evidence in my case: https://docs.google.com/forms/d/1ZRH841TzAhv8Bu7pcEW8id3UMAsO5iDvxUgw0LqZA0k/viewform

I'll be providing updates as the case moves forward.
Thank you
legendary
Activity: 1098
Merit: 1000
November 19, 2013, 04:04:44 PM
Thanks, I WILL be taking any and all offers for witness testimony, I requested a refund and cancellation of my order that was denied, this violated my state laws as well as FTC guidelines, also researching on other laws they have broken.  PM me

I wouldn't waste too much time gathering evidence, BFL will just string it out until the last moment then settle, no way are they going to appear in court and set a precedent.
sr. member
Activity: 266
Merit: 250
November 19, 2013, 11:55:55 AM
I am taking BFL to court this week in Pennsylvania, also suing for treble damages since they knowingly violated the law and the FTC guidelines in not honoring refunds when requested after delays as well as the Pennsylvania Consumer Protection Law If anyone has any horror stories or if anyone would like to make any statements for me in court that would be awesome, i'll update this thread once everything is processed.  Has anyone else taken ButterflyLabs to court?  If not im very surprised, seems like an easy win to me.

UPDATE:
Civil complaint filed and accepted in my home state in Pennsylvania, also the Pennsylvania Attorney General is investigating, I'd be interested in accepting any Affidavit's or if anyone would like to be a witness PM me.  Being a witness would be better since affidavit's may not be admissible because they could be classified as hearsay.  So if you live close, let me know.  Also any advice or support would be appreciated.  Any small win here is a good thing, if I can get a Judgement against them others may take it as an example for their own cases.

PM me if there is any way my experiences with Butterfly Labs can be of help to you. I can't make any promises due to my present schedule, but would be interested in testifying in court for you at my expense.

Let me know how things go, and what dates you are likely to be in court if you need another voice.

Thanks, I WILL be taking any and all offers for witness testimony, I requested a refund and cancellation of my order that was denied, this violated my state laws as well as FTC guidelines, also researching on other laws they have broken.  PM me
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