(Topic ID: 184739)

Class Action Lawsuit for TBL? The Big Lebowski / Dutch Pinball

By Davidus56

7 years ago


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Post #70 Link to Dutch Authority for Consumers and Markets Posted by Damon (7 years ago)

Post #105 Key posted, but no summary given Posted by RTR (7 years ago)


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#6 7 years ago
Quoted from Rarehero:

Please change the title to include DUTCH PINBALL/Lebowski to get attention from other buyers.
I just sent Jaap my "refund or else" email.
If he doesn't refund me, I'm in on any and all legal action.

i did the same, suggest everyone does. I called my lawyer today but havent heard back, thinking about calling an international law firm monday morning to discuss the situation with them and have some light shed on potential options. Rarehero also mentioned calling Universal and Bally which i think is a really good idea, if enough of us call it could add some much needed pressure. Im thinking a good place to start for early achievers wanting refunds is email barry/jaap/dp asking for a formal refund and then pm me your name and ill start to put together a list for the lawyers to get an idea of how many people we got who have asked for refunds and been told no/not given them

12
#9 7 years ago
Quoted from Rarehero:

I want proof of DP's lawyer's existence & some proof that they've started legal proceedings. We don't even know if they really ARE having a legal battle with ARA. For all we know, they just flat out haven't paid them.

100 percent this, everytime we fish, we find a lie. I just contacted VDL to get some insight into what exactly the nature of their relationship with DP is/whether or not they know about the customers currently waiting on TBLs paid in full with refunds refused/what the deal is with ARA/if TBL is exclusive to ARA. Hopefully theyll have some answers and not more questions.

Quoted from mgpasman:

For some reason I do not think getting into a class action suit like this will help the matter forward. Chances of your machines ever being released by ARA will only get slimmer if DP needs to fight off two parties at the same time.

This is the wrong attitude, weve given plenty of leeway, plenty of time. I think 3 years is more than enough "be cool" time. I think we need to face the fact that we will all likely never get our games unless Jaap and Barry magically transform into Gene Cunningham. This is similar to the victims of a ponzie scheme who blame the SEC or FEDS for "fucking it up for them." As if they wouldve gotten paid had the agency not stepped in to stop it. If its a ponzie scheme, youre gonna get fucked, and if not, nothing to worry about. If you have a better idea of what will, "help move this matter forward" please, by all means share, but i dont think its a good idea to sit around and wait, or to "trust" DP. The fact of the matter is theyre breaking the law by not giving us our refunds or our games. I didnt invest in a company, i bought a product.

#10 7 years ago

Posted in the Pre Order club but just wanted to quote this over for the sake of visiblity, i keep hearing this assertion that because the payments were considered non refundable once production started that we arent entitled to refunds. Maybe someone smarter than myself can chime in, but my basic understanding is that we 100% have the right to refunds based on both European Consumer Rights and United States Consumer Rights. As an American, i can tell you, i will fuck your shit up if you try to fuck with my rights.

Quoted from Damon:

you dont just get to make up arbitrary rules that violate the law. Im not sure about the Netherlands specifically but this is point 52 and 53 of the EU Consumer Rights Directive http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083&qid=1403274218893
52)
In the context of sales contracts, the delivery of goods can take place in various ways, either immediately or at a later date. If the parties have not agreed on a specific delivery date, the trader should deliver the goods as soon as possible, but in any event not later than 30 days from the day of the conclusion of the contract. The rules regarding late delivery should also take into account goods to be manufactured or acquired specially for the consumer which cannot be reused by the trader without considerable loss. Therefore, a rule which grants an additional reasonable period of time to the trader in certain circumstances should be provided for in this Directive. When the trader has failed to deliver the goods within the period of time agreed with the consumer, before the consumer can terminate the contract, the consumer should call upon the trader to make the delivery within a reasonable additional period of time and be entitled to terminate the contract if the trader fails to deliver the goods even within that additional period of time. However, this rule should not apply when the trader has refused to deliver the goods in an unequivocal statement. Neither should it apply in certain circumstances where the delivery period is essential such as, for example, in the case of a wedding dress which should be delivered before the wedding. Nor should it apply in circumstances where the consumer informs the trader that delivery on a specified date is essential. For this purpose, the consumer may use the trader’s contact details given in accordance with this Directive. In these specific cases, if the trader fails to deliver the goods on time, the consumer should be entitled to terminate the contract immediately after the expiry of the delivery period initially agreed. This Directive should be without prejudice to national provisions on the way the consumer should notify the trader of his will to terminate the contract.
(53)
In addition to the consumer’s right to terminate the contract where the trader has failed to fulfil his obligations to deliver the goods in accordance with this Directive, the consumer may, in accordance with the applicable national law, have recourse to other remedies, such as granting the trader an additional period of time for delivery, enforcing the performance of the contract, withholding payment, and seeking damages.

#12 7 years ago
Quoted from EternalLife:

No refunds..Only hurting our chances of ever receiving the game at all. Try and stay cool, the only way out is forward.

It saddens me that when i read this I immediately thought of the Skit-B/Predator thread. It makes me think of how different the hobby is from even 4 or 5 years ago. I remember a lot of similar sentiment in that thread to the statement above but its important to remember that the truth wont effect a company that isnt lying. We shouldnt be blaming each other, we need to rally as a community and demand basic rights from the people within our community. If we dont, who will? Why no refunds? If they have the money and a billion dollar contract manufacturing partner whats the problem? Its my legal right to a refund and they wont even pay me the courtesy of telling me WHY no refunds. Just no refunds and Im supposed to accept it and "be cool" after 3 years? I dont think I can do that. I cant think of another pinball manufacturer other than JPoP and Skit-B and DP who have had an extended lack of communication, followed by a multi year delay in manufacturing and then stated no refunds would be given. I think weve all tried really hard to give Barry and Jaap the benefit of the doubt, we all trusted them and sent them our hard earned money. We all accepted the delays and missteps, encouraging them along this whole path. I think its time they trust us to and allow us to leave our money in if we believe in them as a company or take it out if we dont.

#56 7 years ago
Quoted from mhkohne:

That said, it's certainly not going to cost anything but your time to call Universal. I would advise that you have specific things that you want them to do when you call - if you get hold of someone sympathetic and you simply whine about DP, they aren't going to care. If you say 'please do <specific thing> to help us', then if they are feeling generous with their time, perhaps they'll do X. And by specific I don't mean 'please apply pressure'. I mean 'Please call <this guy> and let him know you're getting annoyed buyer phone calls'. Specific requests might generate something, generalized rants will NOT.

Personally my biggest goal in calling monday to ARA/VDL/Bally/Universal will be to understand the basic framework and paradigm of the agreements. The biggest problem is that everything we know is through, for the most part, DP. We dont know whats true and whats not at this point. If someone hadnt called ARA wed all still think this was a board isssue, we were literally lied to, then told to our faces that we were lied to. Its difficult for me to trust what DP is telling me, id rather call the companies and ask them direct questions myself

#58 7 years ago
Quoted from taz:

Good luck, but I doubt anyone will discuss contract details with someone who calls out of the blue and isn't a party to those contracts.

You can doubt it but thats how we found about about all the board stuff. Someone emailed/spoke to ARA and they told us about the non payment from DP which led to where were at now.

#61 7 years ago
Quoted from RTR:

Universal's deal is they already got their money dudes. They don't really care at this point unless DP did something to violate the agreement like unauthorized use of likenesses.
IMO, the most it could do is screw something up. It could possibly hold up the release of unmade games if there was some sort of timeframe to get them made. Not sure what it could do to help at all. It was Rarehero's idea to shake down DP with a threat of this and get his refund. "I know people, so give me a refund or I will create another headache for you guys"
I'm open to changing my mind on this, but haven't heard anything that makes sense.

I cant speak to Rarehero specifically but for me calling Universal is more of a fact finding mission. I grew up in LA, id think youd be suprised how much movie studios care about PR issues. If there's a company using their license to secure funding, then refusing to release the product or refunds they MAY want to know about it. Maybe they dont give a shit, itll take me an hour tops to call, so no big deal.
Im more concerned with talking to the folks at ARA and VDL than anything. Im curious with respect to VDL if theyre funding BoP, and if so, why they wouldnt just fund TBL instead. With ARA i have a long list of questions....

#70 7 years ago
Quoted from EternalLife:

I've been in this for a long time and I'm staying until the end. The last NSNL sums up the situation. Let's see if lawyers from both sides can come to an agreement and get the games moving again.

can totally respect that, its your choice to spend your money where you choose. our goal is/should be for those who WANT refunds to be given the option to get them.

Quoted from dmbjunky:

There's a lot of stomping and snorting going on right now which is understandable but I think the only thing a person can do is call DP repeatedly for a refund. Universal isn't doing shit.

I think people seem to be making a bigger deal about Universal than was intended, Greg's point was that he could go speak to them face to face rather than email because hes close. Its actually a good idea, putting a face behind things generally humanizes the interaction and he might get more info in person than we would get through email. Its not like Universal will probably do anything, but its easy and maybe we will get a small nugget of truth that leads to another truth. I dont see what the harm in it is.

Midnight tonight=9am monday morning Netherlands time, Im going to start calling companies (ARA/VDL/Netherlands Authority for Consumers and Markets) I think this last agency will be important because they are essentially a regulatory agency in the Netherlands. https://www.acm.nl/en/about-acm/mission-vision-strategy/our-mission/
Its literally their job to care. Im going to file a complaint with them and emplore other early achievers to do the same, here is the website to file a formal complaint. https://www.acm.nl/en/contact/tip-offs-or-indications/tip-off/

#73 7 years ago
Quoted from SuperTurbo:

Wait.....they don't actually have TBL license? Just like Skitb didn't have Predator for license?
Or am I misreading things entirely?

no they had/have a license from universal, i believe roger sharpe helped with the licensing stuff so its safe to assume that the license stuff is in order. i think what wolf meant was violating the license wouldn't cause the company to crash unless their were bigger issues, similiar to a house of cards where a small breeze might cause it to crash, but it wasnt the the breeze, it was the shitty foundation.

#81 7 years ago
Quoted from Hjbondar:

This is very disappointing as this is THE game I was most excited about (I am # 147). Damon - I support your intentions but am not sure it is advised teenage in contac twithout legal council at the helm. I am no legal expert, do have a marketing background, and see three possible paths:
1. As mentioned previously in another thread, the ARA and DP lawyers find the mid-point that is not perfect for either but respects the investments of us as customers. I hate to say this but, having done business in Holland, flexibility is not a top three attribute
2. As buyers, we offer to pay the extra $1000, in an escrow count, payable upon delivery. At this point I am more than willing to do this rather than lose my entire payment. I thin this is the most practical option
3. Universal is brought into the equation by us making this a PR issue for them in such a way that they are motivated to make help resolve this. I would hope that we have someone with PR and/or social networking experience that could help to escalate this.

My intent was always to get everyone more information about the current situation and create a path for those customers who felt trepidation moving forward could come to a resolution with Dutch Pinball in regards to refunds. I felt that contacting agencies and companies that know more about this than ourselves was the best call. Nothing more, nothing less. I never said, "hey guys lets sue the shit out of DP." My goal was always to just get DP to honor the initial agreement of full refunds if you chose to cancel. I wanted to do is start a healthy conversation about what our options were, and what, as a community the best path was moving forward. It seems like theres a decent amount of vitriol and frustration in terms of whether or not we should or shouldnt contact people. I dont honestly know what the right answer is, but I dont want to be the guy to make that decision given where peoples emotions are at. Im not going to pursue this any further, I will not be calling or contacting anyone. I will likely try to find a private party to sell my TBL spot to whether it be through handshake agreement or through Barry and Jaap. Everyone has to do whats best for them, and I wish everyone the best of luck.

#86 7 years ago
Quoted from EternalLife:

Refunds were only possible before the games went into production. We're in production folks, no refunds. The money has been invested in parts- we now have to wait until the parts are made into the games. Give the guys a break, more headaches for DP won't help.

You keep saying that but I dont remember there ever being a stipulation on when orders could be refunded. Do have a link to where this was stated? According the FAQ from Dec-13 Oct-16 this was the only thing stated about refunds.

Lebowski Info.jpgLebowski Info.jpg

1 week later
#357 7 years ago
Quoted from Hawkeyepin:

I don't think you guys should throw money at these start ups that haven't made a sufficient product number yet and have no operational experience.
Isn't it a stupid risk with bad results that's occurred more than once?
Make a new company get a bank loan sufficient enough to start a new business, generate adequate numbers of shippable products and Vette it's business model.
Good lord.

This is from post #23 https://pinside.com/pinball/forum/topic/class-action-lawsuit#post-3674618
You may have missed it, so ill leave it for you here

"(Moderation mode on)
This is not the place to inform TBL achievers how dumb you think they were sending $ to Dutch Pinball.
Enough drama here, no need to rub their wounds.
This thread is about whether a class action makes sense or not - keep it on topic please.
Other DP/TBL related matters can be discussed in the main thread.
(moderation mode off)"

Dont know if you intended to be a dick but you def came off that way

#362 7 years ago
Quoted from Hawkeyepin:

Didn't read this and didn't mean to come off that way. At this point I feel the companies doing this are predatory. Don't like seeing members here getting screwed. Came out wrong. Apologies.

I apologize as well, I didn't mean to jump down your throat, was just feeling a bit defensive/frustrated.

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