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Here's the cause of action text if anyone is interested (the complaint PDF seems to have disappeared): V. FIRST CAUSE OF ACTION - MISREPRESENTATIONS AND THE FA
by benwilber0 11y ago
Here's the cause of action text if anyone is interested (the complaint PDF seems to have disappeared):
V. FIRST CAUSE OF ACTION - MISREPRESENTATIONS AND THE FAILURE
TO DELIVER REWARDS
5.1 Plaintiff realleges Paragraphs 2.1 through 4.17 and incorporates them herein as
if set forth in full.
5.2 In the context of operating the Asylum Playing Cards Kickstarter campaign,
Defendants engaged in the following acts or practices constituting unfair or deceptive acts in
trade or commerce:
a. Misrepresenting either directly or indirectly that Backers who paid for
Rewards through the Kickstarter Campaign would receive those Rewards In approximately
December 2012;
b. Failing to deliver the promised Rewards to Backers after the Backers
paid money to Defendants via the Kickstarter Campaign.
5.3 Defendants' practice of representing that Backers who paid for Rewards in
Defendants' Kickstarter campaign and then failing to subsequently deliver those Rewards after
Backers paid money to Defendants affects the public interest and has the capacity to deceive a
substantial number of consumers and is an unfair or deceptive act or practice in trade or
commerce and unfair method of competition in violation of RCW 19.86.020.
VI. SECOND CAUSE OF ACTION - FAILURE TO REFUND
6.1 Plaintiff realleges Paragraphs 2.1 through 4,17 and incorporates them herein as
if set forth in full.
6.2 In the context of operating the Asylum Playing Cards Kickstarter campaign,
Defendants engaged in the following acts or practices constituting unfair or deceptive acts in
trade or commerce:
a. Failing to provide refunds to Backers who requested one after they did
not receive their Reward in a timely fashion from Defendants' Kickstarter Campaign;
b. Failing to offer refunds to any other Backer, whether a refund was
requested or not, after Defendants were unable to deliver the Rewards to any backer within a
reasonable timeframe.
6.3 Defendants' practice of failing to provide refunds to Backers of its Kickstarter
Campaign after the apparent failure of said Campaign affects the public interest and has the
capacity to deceive a substantial number of consumers and is an unfair or deceptive act or practice
in trade or commerce and unfair method of competition in violation of RCW 19.86.020.