Kickstarter -- Washington court orders payment and fines in Kickstarter fraud case

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Just thought the following was very interesting news...need to search on more info on this, but interesting none the less.

from link at Facebook RPG Kickstarter News

http://www.comicsbeat.com/washington-court-orders-payment-and-fines-in-kickstarter-fraud-case/

As crowdsourcing has become a normal part of financing creative projects, a few bad apples have soured the barrel with non delivery. A few months ago, the FTC announced it would start looking in to Kickstarters that don’t deliver and now a Seattle court has ordered the creators of the Asylum Playing Cards Kickstarter—Altius Management and Edward J. Polchlopek—to pay over $54,000 in fines and settlement. The case, which was brought by the Washington state attorney general, involves a retro-themed playing card set that raised $25,000 . The $54,000 settlement involves various penalties as well as paying Washington state backers:

According to the AG’s office, the 31 backers based in the state of Washington are to receive $668 in restitution. But even more painful for Edward, he is now required to pay civil penalties in the amount of $31,000 for violating the Consumer Protection Act ($1000 per violation) and $23,183 for the cost of bringing the case to court (and to justice). Ouch. Edward will have to sell quite a few decks of cards to cover the cost of his decision to bail on the campaign.

In something of a twist, the card sets actually just started going out to backers, but that won’t change the settlement. Shoulda thought of that before you left the house, guys.

As reported at ICv2 it’s not clear if the fines will ever be paid but cases like this are making it clear that fraudulent Kickstarters are liable for legal compensation. We’ve covered many of these here at The Beat over the last few years, and while bringing a case to court may be expensive, it looks like at least in Washington State, the law is taking an interest.
 
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VERY happy to see a fire being lit under these people who think they can get away with this sort of thing. Kickstarter may not be a preorder by default, but it damn well is once a product is offered for a pledge.
 

What I don't get.... is why the cards started shipping.

Did the person decide not to do it, get hit with the fines and then hope that by shipping the cards he could avoid the fines? Or was he simply just being a little slow/lazy and finally got everything ready just as this happened so even though he had no intention of screwing people over he got screwed over himself?

Presumably the first option is more accurate, but the article doesn't really go into much explanation and I don't know anything about the case beyond it. I would assume though that since he was fined the courts determined he wasn't just being slow but was trying to do something nefarious.

But I suppose it is a good thing that something is being done. I have only been a part of several Kickstarters and fortunately so far I have never been screwed over. :)

Edit: Okay yeah, looks like the Kickstarter was from 2 years ago. So yeah, probably just trying to avoid fines, but it looks like he's not going to. Good. :)
 
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