Time to sue ButterflyLabs - Big Single-SC owner let's league for class action

[Buffer Overflow]

It would clearly be in their best interests to simply return the coin using the next round of fool's money.

Ponzi.

[RoadStress]

It seems a bizarre miscalculation on BFL's part if they are genuinely unconcerned about this.

The sorts of people who dropped such large sums on the faster BFL units will surely be well placed to successfully sue them.

Don't underestimate the willingness of pissed off wealthy folk to throw good money after bad in the form of legal vengeance!

It's not that they are unconcerned, they seem to have a "bring it on" attitude and somehow i understand them. If Sonny managed to steal millions of dollars with his lottery scam and he got away very very easy (can't remember the terms exactly) then why not pull one more trigger?

[jhansen858]

Has anyone here ever actually ever sued anyone? 

If anyone had gone through the process, you would know, this is not a magic bullet.  There are two sides to every story, and it takes a lot of time and money to sort that out in a court system.  Most lawyers are not going to touch this with a 10 foot pole unless the plaintiff was willing to shell out the money.  When/if you did win, it would not be worth the victory in legal fees and time to do this.  Even at 30k there really isn't enough damages here for anyone to make it worth it to sue.  A class action probably still wouldn't be worth it because the lawyers get 60% of that money, and BFL isn't a big enough target to make it worth their time. 

Unless you have a rich sponsor or lawyer willing to take it on contingency, your cause is dead before you even started it.   And in those cases, its more likely that BFL would simply issue the refund to that person before the actual court case even made it to court.  Its not worth their time either.  By the time the suit made it to a court date, they would probably have delivered the goods.  Court cases like this could take a year just to get a date. 

Who can show actual damages which cant be attributed to having 20/20 hindsight vision?  Meaning any argument along the lines of "well if i would have just been able to predict the future I would not have lost money" doesn't count. 

[k9quaint]

Who can show actual damages which cant be attributed to having 20/20 hindsight vision?  Meaning any argument along the lines of "well if i would have just been able to predict the future I would not have lost money" doesn't count. 

Actual damages is the lost mining income that resulted from BFL's failure to deliver in Oct 2012 (or whenever the latest promised date from BFL was when the order was placed). Should be a slam dunk case, since BFL is violating FTC rules (which are there to prevent this exact sort of situation).

[bcp19]

Who can show actual damages which cant be attributed to having 20/20 hindsight vision?  Meaning any argument along the lines of "well if i would have just been able to predict the future I would not have lost money" doesn't count. 

Actual damages is the lost mining income that resulted from BFL's failure to deliver in Oct 2012 (or whenever the latest promised date from BFL was when the order was placed). Should be a slam dunk case, since BFL is violating FTC rules (which are there to prevent this exact sort of situation).

In which case you would also need to know their exact orderbook at that time, along with the total increase in network speed that would occur prior to you receiving your equipment along with your current mining receipts from that time until now to prove you hadn't spent anything (since most will claim the 10x increase in BTC pricing as a loss as well). You'd probably need a lot more as well, like estimates on the drop in BTC price due to the flood of extra coins on the market while the difficulty tries to keep up while more than double the normal amount of coins is mined.

Sure looks like a slam dunk to me... NOT!

[mah87]

Write in this topic if your willing to take a class action.

[bcp19]

Write in this topic if your willing to take a class action.

I think you mean "Write in this topic if you want to be a professional sewer"

hmm.. did I misspell that?

[mah87]

Write in this topic if your willing to take a class action.

I think you mean "Write in this topic if you want to be a professional sewer"

hmm.. did I misspell that?

You don't have to join if you don't want.

[LostDutchman]

Write in this topic if your willing to take a class action.

I think you mean "Write in this topic if you want to be a professional sewer"

hmm.. did I misspell that?

Yes actually but you made your point!

[k9quaint]

Who can show actual damages which cant be attributed to having 20/20 hindsight vision?  Meaning any argument along the lines of "well if i would have just been able to predict the future I would not have lost money" doesn't count. 

Actual damages is the lost mining income that resulted from BFL's failure to deliver in Oct 2012 (or whenever the latest promised date from BFL was when the order was placed). Should be a slam dunk case, since BFL is violating FTC rules (which are there to prevent this exact sort of situation).

In which case you would also need to know their exact orderbook at that time, along with the total increase in network speed that would occur prior to you receiving your equipment along with your current mining receipts from that time until now to prove you hadn't spent anything (since most will claim the 10x increase in BTC pricing as a loss as well). You'd probably need a lot more as well, like estimates on the drop in BTC price due to the flood of extra coins on the market while the difficulty tries to keep up while more than double the normal amount of coins is mined.

Sure looks like a slam dunk to me... NOT!

The BFL order book can be had with a subpoena. A June 2012 order should have been be delivered before any other ASIC, so it should be trivial to calculate from BFL's order book how much mining income was destroyed due to their delays.

[gateway]

Write in this topic if your willing to take a class action.

I suggest you guys contact Ira Rothken at techfirm.com he's a great guy and will let you know if their is any action to be taken..

[PuertoLibre]

Holy crap. BCP19 is the latest BFL sock. Everyone hail to the king of socks!

[Trupik]

Write in this topic if your willing to take a class action.

I think you mean "Write in this topic if you want to be a professional sewer"

hmm.. did I misspell that?

Looking at your previous posts, you are either a troll, or BFL Josh himself. I will likely not find out, because I'm hitting ignore right now.

[DrJoeGrine]

Holy crap. BCP19 is the latest BFL sock. Everyone hail to the king of socks!

You should see the misinformation he spreads on BFL's forum. He posts on every thread possible with the most laughable excuses which only makes sense in Joshua's reality.

He definitely has an angle though, maybe he thinks Joshua will give him a free Monarch. If these are his actual beliefs, then he is either 17 years old or a bit slow when it comes to the rules of law. It is entertaining though.

[bcp19]

Write in this topic if your willing to take a class action.

I think you mean "Write in this topic if you want to be a professional sewer"

hmm.. did I misspell that?

Looking at your previous posts, you are either a troll, or BFL Josh himself. I will likely not find out, because I'm hitting ignore right now.

Aw, damn!  ByE!!!

[bcp19]

Holy crap. BCP19 is the latest BFL sock. Everyone hail to the king of socks!

You should see the misinformation he spreads on BFL's forum. He posts on every thread possible with the most laughable excuses which only makes sense in Joshua's reality.

Yea, shuddap and go ask for your refund already.

[Xian01]

Holy crap. BCP19 is the latest BFL sock. Everyone hail to the king of socks!

You should see the misinformation he spreads on BFL's forum. He posts on every thread possible with the most laughable excuses which only makes sense in Joshua's reality.

I suspect his Ignore color will become more darker with time. I did my part...

[bcp19]

Who can show actual damages which cant be attributed to having 20/20 hindsight vision?  Meaning any argument along the lines of "well if i would have just been able to predict the future I would not have lost money" doesn't count. 

Actual damages is the lost mining income that resulted from BFL's failure to deliver in Oct 2012 (or whenever the latest promised date from BFL was when the order was placed). Should be a slam dunk case, since BFL is violating FTC rules (which are there to prevent this exact sort of situation).

In which case you would also need to know their exact orderbook at that time, along with the total increase in network speed that would occur prior to you receiving your equipment along with your current mining receipts from that time until now to prove you hadn't spent anything (since most will claim the 10x increase in BTC pricing as a loss as well). You'd probably need a lot more as well, like estimates on the drop in BTC price due to the flood of extra coins on the market while the difficulty tries to keep up while more than double the normal amount of coins is mined.

Sure looks like a slam dunk to me... NOT!

The BFL order book can be had with a subpoena. A June 2012 order should have been be delivered before any other ASIC, so it should be trivial to calculate from BFL's order book how much mining income was destroyed due to their delays.

Now how much did they make with non-asics while the shipping had not occurred?  They surely were mining already and have made steady BTC during the time their ASICs did nto ship.  What is the difference between them having shipped in Oct when the income generated from other means is factored into the equation?

[kolesozw]

Who can show actual damages which cant be attributed to having 20/20 hindsight vision?  Meaning any argument along the lines of "well if i would have just been able to predict the future I would not have lost money" doesn't count. 

Actual damages is the lost mining income that resulted from BFL's failure to deliver in Oct 2012 (or whenever the latest promised date from BFL was when the order was placed). Should be a slam dunk case, since BFL is violating FTC rules (which are there to prevent this exact sort of situation).

In which case you would also need to know their exact orderbook at that time, along with the total increase in network speed that would occur prior to you receiving your equipment along with your current mining receipts from that time until now to prove you hadn't spent anything (since most will claim the 10x increase in BTC pricing as a loss as well). You'd probably need a lot more as well, like estimates on the drop in BTC price due to the flood of extra coins on the market while the difficulty tries to keep up while more than double the normal amount of coins is mined.

Sure looks like a slam dunk to me... NOT!

The BFL order book can be had with a subpoena. A June 2012 order should have been be delivered before any other ASIC, so it should be trivial to calculate from BFL's order book how much mining income was destroyed due to their delays.

There is no damage when you could take refund at any time

[DrJoeGrine]

Fraud is easier to prove in this case. All the elements of fraud are present in this debacle. We all need to contact the Department of Justice, FTC as well as write your Congressman. The more you shed light on BFL's practices, the sooner they will get investigated if they aren't under investigation already. So let Joshua and his minions of puppets keep trying to derail the thread and put doubt in your resolve.