This was becoming a real issue for Kickstarter. Many of the recent high profile 'projects' were companies (particularly game developers/publishers and consumer

This was becoming a real issue for Kickstarter. Many of the recent high profile 'projects' were companies (particularly game developers/publishers and consumer products manufacturers) effectively taking pre-orders through Kickstarter and using those funds to develop the product. As the channel through which the orders were placed (and the party that that receives the money and takes a cut), I think a good legal argument could be made that Kickstarter is a store, and thus would have to comply with the UCC and other laws (including the various Deceptive Trade Practices acts across the country) applying to retail.