There is a Law firm investigating to file a suit against BFL.
Technically if you have ordered anything at first discount starting December 2013, and second discount starting January 2014 you have lost ~75% of the value per today. And in neither of the cases your order would qualify for an upgrade.
Check what that company says on their website:
http://www.woodlaw.com/cases/butterfly-labs-and-bf-labs-inc-bitcoin-minersLooking for a firm willing to file a class action lawsuit. Please post any information here.