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Now Is This A Promise?
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<blockquote data-quote="Cadfan" data-source="post: 4472833" data-attributes="member: 40961"><p>At least in my state, there's no actual bright-line requirement that the product be available at the time the misrepresentation is made, because there are barely any bright-line requirements at all. We just prohibit vague concepts like unfair or deceptive acts or practices, or unconscionable behavior. What falls into that category is determined on a case by case basis.</p><p></p><p>Its the sort of thing that would drive D&D forum denizens absolutely batty- they'd start whinging about rules as written and undefined terms and eventually their heads would explode in a big, bloody spatter. Fortunately, unlike the RPG world, the legal world has accepted the inability to precisely list all possible human behavior.</p><p></p><p>That being said, the time when the misrepresentation was made would be something I would consider relevant. Its hard to win a case for deceptive business practices when it looks like the business didn't intend to deceive anyone, and only a moron would have in fact been deceived.</p><p></p><p>In any case, this whole conversation is a bit surreal. Of the four things they promise will be available on release, three of them are already available now. The only one at issue is whether the <em>Adventurer's Vault</em> or <em>FR Player's Guide</em> will be uploaded on time.</p></blockquote><p></p>
[QUOTE="Cadfan, post: 4472833, member: 40961"] At least in my state, there's no actual bright-line requirement that the product be available at the time the misrepresentation is made, because there are barely any bright-line requirements at all. We just prohibit vague concepts like unfair or deceptive acts or practices, or unconscionable behavior. What falls into that category is determined on a case by case basis. Its the sort of thing that would drive D&D forum denizens absolutely batty- they'd start whinging about rules as written and undefined terms and eventually their heads would explode in a big, bloody spatter. Fortunately, unlike the RPG world, the legal world has accepted the inability to precisely list all possible human behavior. That being said, the time when the misrepresentation was made would be something I would consider relevant. Its hard to win a case for deceptive business practices when it looks like the business didn't intend to deceive anyone, and only a moron would have in fact been deceived. In any case, this whole conversation is a bit surreal. Of the four things they promise will be available on release, three of them are already available now. The only one at issue is whether the [I]Adventurer's Vault[/I] or [I]FR Player's Guide[/I] will be uploaded on time. [/QUOTE]
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