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I am perplexed...

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I am perplexed...
« on: October 09, 2015, 09:14:45 AM »
 

IDLaw2016

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First of all, it's great to be here...first time poster!  I just had a quick question.  I realize my memory isn't what it used to be, but I received a Kickstarter reward yesterday in the mail that I was a little confused about.  I don't think if I had seen this deck on Kickstarter I would have been interested.  The two decks arrived without tuck boxes...each deck just had a rubber band around it.  The card backs are blank, and if this site will let me post a pic, I'll show you what the faces look like.  I have to admit, I'm kind of disappointed.  Can anyone here clue me in as to what I've received?  Any info is greatly appreciated.
"Give light and the people will find their own way."  ~  Guiding principle of E.W. Scripps Publishing Co.
 

Re: I am perplexed...
« Reply #1 on: October 09, 2015, 09:51:12 AM »
 

chas0039

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Kickstarter shows the projects you have bid on.  Have you checked there?
 

Re: I am perplexed...
« Reply #2 on: October 09, 2015, 11:16:10 AM »
 

flyers3003

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Based on comments and pictures, I would suspect it was this campaign:
https://www.kickstarter.com/projects/988510218/sympl-series-playing-cards
 

Re: I am perplexed...
« Reply #3 on: October 09, 2015, 05:36:42 PM »
 

HankMan

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Based on comments and pictures, I would suspect it was this campaign:
https://www.kickstarter.com/projects/988510218/sympl-series-playing-cards

that is the right campaign. I feel sorry for the backers, that is simply unacceptable.

All the backer received the deck hold together by rubber bands.
Back for more
 

Re: I am perplexed...
« Reply #4 on: October 09, 2015, 05:44:17 PM »
 

Don Boyer

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Steve Brooks mentioned this to me at the convention.  Y'know, even if he did indeed deliver, he certainly didn't deliver as promised.  You could seek intervention from your state's Attorney General on your behalf.  "Altius Management"/Ed Nash was successfully charged and found guilty in Washington State, being forced to pay close to double what his KS for the original, never-delivered Bicycle Asylum netted him in recompense and fines - and that suit covered only 31 of his hundreds of backers!  He's suddenly begun sending emails to backers asking for mailing address updates in order to ship out the decks - but I have to wonder where the hell the decks are coming from, since the project closed two years ago and his rights to the artwork expired.

Anyway, point being, don't despair, you have an avenue of recourse.  It's long, slow and not guaranteed, but the Nash case sets a precedent that other lawyers can point to when seeking judgments in court.
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Re: I am perplexed...
« Reply #5 on: October 09, 2015, 05:48:25 PM »
 

Fess

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Steve Brooks mentioned this to me at the convention.  Y'know, even if he did indeed deliver, he certainly didn't deliver as promised.  You could seek intervention from your state's Attorney General on your behalf.  "Altius Management"/Ed Nash was successfully charged and found guilty in Washington State, being forced to pay close to double what his KS for the original, never-delivered Bicycle Asylum netted him in recompense and fines - and that suit covered only 31 of his hundreds of backers!  He's suddenly begun sending emails to backers asking for mailing address updates in order to ship out the decks - but I have to wonder where the hell the decks are coming from, since the project closed two years ago and his rights to the artwork expired.

Anyway, point being, don't despair, you have an avenue of recourse.  It's long, slow and not guaranteed, but the Nash case sets a precedent that other lawyers can point to when seeking judgments in court.

Now that's interesting.
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Re: I am perplexed...
« Reply #6 on: October 09, 2015, 05:55:38 PM »
 

Don Boyer

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Now that's interesting.

As more and more fraud cases are brought against backers, more and more AGs will pursue cases, more and more cases will be won, and just maybe we'll see some policing of projects from Kickstarter itself, either self-initiated by them or forced upon them by the government at some level - no more Wild West ripoff project BS.  The government is like a hibernating bear - it's big, heavy and slow to rouse, but once it starts moving, it can really wreak some havoc on the fool who poked it with a stick...
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Re: I am perplexed...
« Reply #7 on: October 13, 2015, 04:23:44 AM »
 

jsantafe

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Problem is, in this case, the guy seems to be located in Canada, so quite out of any AG reach, sadly.
 

Re: I am perplexed...
« Reply #8 on: October 13, 2015, 10:35:56 PM »
 

Don Boyer

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Problem is, in this case, the guy seems to be located in Canada, so quite out of any AG reach, sadly.

I'd wager the Canadian government has some equivalent.  The US legal system and Canadian legal system are both to a great degree modeled after the British system, and all those systems require people to act as the legal representatives of the Executive/enforcement branch of government in legal matters, especially when bringing forth cases to a judge for prosecution.  While you might not be a resident of the creator's province or territory, that locale's legal system might still find pursuing a fraud case worth their time - it would largely depend on the differences between the Canadian and American systems as to precisely whom can bring forth a case of fraud in this matter.

These cases are worth filing even if they go nowhere.  If enough cases are brought involving Kickstarter projects going sideways and pear-shaped, it's only a matter of time before the Executive branch prods the Legislative branch into creating new legislation forcing KS to take action in these cases BEFORE they reach the court system.  Show the government a system where someone's shirking the responsibility onto them, and they will find a legal way to push it back to where it belongs!  Kickstarter should be handling these problems, not forcing their customers to find legal recourse.

If I bought a defective computer from Sears, would Sears could NOT legally say, "Sorry, but you have to sue the manufacturer in court to get your refund," so why should Kickstarter get a free pass?  They claim you're a "backer" and it's not a retail service, but even then, if the New York Stock Exchange spots fraudulent activity on behalf of a company trading on their exchange, you can bet that if they don't pursue the issue, the Securities and Exchange Commission will.  Which again begs the question, "Why does Kickstarter get a free pass on this?"  The correct answer is "They shouldn't."
« Last Edit: October 13, 2015, 10:41:58 PM by Don Boyer »
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