(Topic ID: 92436)

John Popadiuk update thread……MAGIC GIRL, RAZA, AIW…..


By iceman44

5 years ago



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11
#16701 4 years ago
Quoted from flynnibus:

Care to cite these FTC rules for reference?

Link to FTC rules

https://www.ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order

Important Text from the link

************************
* What Does the Rule Cover? *
************************
It applies to most goods a customer orders from the seller by mail, telephone, fax, or on the Internet.

It does not matter how the merchandise is advertised, how the customer pays, or who initiates the contact.

******************************************
* What is the Mail, Internet, or Telephone Order Rule? *
******************************************
The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule."

If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.

*********************************************
* What You Must Do If You Learn You Cannot Ship on Time *
*********************************************
When you learn that you cannot ship on time, you must decide whether you will ever be able to ship the order. If you decide that you cannot, you must promptly cancel the order and make a full refund.

If you decide you can ship the order later, you must seek the customer’s consent to the delay. You may use whatever means you wish to do this -- such as the telephone, fax, mail, or email -- as long as you notify the customer of the delay reasonably quickly. The customer must have sufficient advance notification to make a meaningful decision to consent to the delay or cancel the order.

Some businesses adopt internal deadlines that are earlier than those set by the Rule to ensure that their delay notices give all customers a meaningful opportunity to consent to the delay. If businesses fail to ship or give delay notifications by their internal deadlines, they automatically cancel the orders and make refunds.

In any event, no notification to the customer can take longer than the time you originally promised or, if no time was promised, 30 days. If you cannot ship the order or provide the notice within this time, you must cancel the order and make a prompt refund.

*******************************
* How Quickly You Must Make a Refund *
*******************************

When you must make a Rule-required refund, the following applies:

If the customer paid by cash, check, money order, or by credit where a third party is the creditor, or by any other method except credit where you are a creditor, you must refund the correct amount within seven working days after the order is cancelled.
If the customer paid by credit where you are a creditor, you must credit the customter's account or notify the customer that the account will not be charged within one billing cycle after the order is cancelled.

***********************
* How Much You Must Refund *
***********************

If you cannot ship any of the merchandise ordered by the customer, you must refund the entire amount the customer "tendered," including any shipping, handling, insurance, or other costs. If you ship some, but not all, of the merchandise ordered, you must refund the difference between the total amount paid and the amount the customer would have paid, according to your ordering instructions, for the shipped items only.

For example, if you charge a flat fee for shipping and handling regardless of the total number or cost of the items ordered, you need not refund any shipping and handling charges if you ship some items. On the other hand, if your shipping and handling charges are indexed to the number of items or the dollar amount of the order, you can keep only those shipping and handling charges that are appropriate to the number or dollar amount of the items actually shipped.

*****************************************************************************************
* When making Rule-required refunds, you cannot substitute credit toward future purchases, credit vouchers, or scrip. *
*****************************************************************************************

When the order is paid for in whole or in part by proofs of purchase, coupons, or other promotional devices, you must provide "reasonable compensation" to the customer for the proofs of purchase plus any shipping, handling, or other charges the customer paid. (The circumstances of each promotion may affect what is deemed to be reasonable.)

*******************************
* Why You Should Comply with the Rule *
*******************************

Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation (any time during the five years preceding the filing of the complaint), and consumer redress (any time during the three years preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer protection laws.

Apart from this, your failure to ship on time, or your failure to notify your customers promptly about delays and to obtain their consent to the delays, or your failure to make full and prompt refunds when your customers do not consent to delayed shipment, can adversely affect your business by discouraging repeat purchases. Accordingly, most businesses regard compliance with the Rule as simply good business practice.

#16702 4 years ago
Quoted from Rarehero:

Of course this thread has meaning! As long as this scammer has people's money, as long as those people don't have a game....as long as John REFUSES to talk to his "customers" unless they're potential new suckers to scam money from - this thread has a point. Until there is justice for those who have been screwed, this thread will go further.

This seems accurate. People were stumbling in here wanting to drop cash on AIW even in the middle of this thread. Imagine if it were swept under the rug...

#16703 4 years ago
Quoted from Xerico:

If you cannot ship any of the merchandise ordered by the customer, you must refund the entire amount the customer "tendered," including any shipping, handling, insurance, or other costs

Last company I worked for, they would pre-sell products we were still working on (salesmen would actually estimate it without consulting engineering first), and as often projects go sometimes you run into stumbling blocks. On one project, I was talking to the IT manager in charge of our website and he's like "Yea, if we're late shipping a product, we don't just get pissed off customers. A customer like Sears or Walmart will fine us $10k/day until we ship product". It's amazing how much wasn't communicated at that company (including hard deadlines or schedules). It's no wonder why it's having such hardship and people quitting left and right, it's being run by idiots.

#16704 4 years ago
Quoted from dgarrett:

I'm going to get downposted

well... you were right about 1 thing, I will give you that.

#16705 4 years ago
Quoted from BC_Gambit:

This seems accurate. People were stumbling in here wanting to drop cash on AIW even in the middle of this thread. Imagine if it were swept under the rug...

You are right. I had money in my pocket and wanted a AIW. I said I wanted to talk to him first but I'm afraid if I had talked to him I might be in the same bout some of you are in because he is a great bullshitter and a thief. After seeing his designs though I wouldn't want any of the three designs he has come up with.

#16706 4 years ago
Quoted from rosh:

It is definitely a song that screams MB. The game has five other MBs, plus that first one can be earned multiple times, so I really need to find some other great songs that have that energy. I also like having versions that are instrumental only when possible.

Not too many songs that would be a better fit when getting a high score than 'we are the champions'.
Well, if you really want a game about my family in your game room, sure, you can pre-order
If ever did do a production game, there are three things I can tell you about pre-orders
1) The only pre-order would be a couple of hundred bucks, to put you on the list and at least make sure you have at least some real interest vs just sending an email.

2) Any pre-order money would be held in escrow by a third party
3) pre-order money would NOT be used for design, engineering or anything else. It is deposit money towards a machine, not towards the development of a machine.
But you know, there are people out there who spend $5 Million on paintings, I'm sure I can get one to give me a $1 million.
On a serious note, if I did it, I would fund it myself or find funding for the development, engineering and the building of the first X machines, because that is how its been done in other start-up businesses I have been involved in.

I would pre order this game with those conditions in a heartbeat. I love the layout and the few modes I saw look really fun. Actually one of my favourite layouts that I've seen in a while.

#16707 4 years ago

I saw this notebook at the bookshop the other day.

The first think I thought was "Jpop needs this....!"

rd

image.jpg

#16708 4 years ago

I heard he sold the business to himself and is starting again, new company no debt, you know all the debt left with the old company

#16709 4 years ago
Quoted from Ballypinball:

I heard he sold the business to himself and is starting again, new company no debt, you know all the debt left with the old company

Where did you hear such a thing?

#16710 4 years ago
Quoted from benheck:

Where did you hear such a thing?

Was an inside joke, about the situation with the WOZ distributor in Australia. Sadly it is a true story.

#16711 4 years ago
Quoted from Xerico:

Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation

If this were to happen, the irony of this number is delicious.

#16712 4 years ago

Probably late to the party, but I see Jpop's site is back up in full bullshit swing. I'm convinced his continuing to "work" on the games and the latest slew of updates is a hedge against fraud litigation.

#16713 4 years ago
Quoted from jonnyo:

the latest slew of updates is a hedge against fraud litigation.

certainly could be, but based on history, I have to wonder if he is still expecting a white knight to step in and give him a million dollars, so in the meantime he is just going along as if all is good with the world. I would not expect him to change his behavior until he is forced to by legal means.

#16714 4 years ago

Good Lord, he's updated his "distributors" page. With separate email addresses for each market. I mean, WTF is with this guy?

#16715 4 years ago

Something I wrestle with here is that, regardless of his own delusions, reality is still wrapped around him in the fact that things like rent and heat have to be paid. At a certain point, no amount of delusion will protect him from reality.

So, when will reality force the situation?

#16716 4 years ago

Ha! Distributors? What do they distribute, packets of sample art?

#16717 4 years ago
Quoted from toyotaboy:

Ha! Distributors? What do they distribute

Dreams.

rd

#16718 4 years ago
Quoted from frolic:

Good Lord, he's updated his "distributors" page. With separate email addresses for each market. I mean, WTF is with this guy?

In the fine print on the distributor page it says to email if you want to become a distributor. It's not to contact a distributor.

#16719 4 years ago

Still really messed up he's still updating the site

#16720 4 years ago
Quoted from jonnyo:

Probably late to the party, but I see Jpop's site is back up in full bullshit swing. I'm convinced his continuing to "work" on the games and the latest slew of updates is a hedge against fraud litigation.

No doubt, he's in full blown cya mode right now.

What's happened to all the litigation efforts? Slow as molasses, as usual.

#16721 4 years ago

More like nightmares.

#16722 4 years ago

At this point things have gotten so crazy I have to wonder if this in not a case where the guy actually is bonkers and not in touch with reality. Rather than the conspiracy theories of him doing this or that to impress the courts or bring in new money, do you think it might be the simplest reason of all? His wife is on the board of directors, has anyone talked to her about this? Bill maybe?

#16723 4 years ago
Quoted from Mitch:

Still really messed up he's still updating the site

He is laughing at all of us.

#16724 4 years ago
Quoted from John_I:

At this point things have gotten so crazy I have to wonder if this in not a case where the guy actually is bonkers and not in touch with reality. Rather than the conspiracy theories of him doing this or that to impress the courts or bring in new money, do you think it might be the simplest reason of all? His wife is on the board of directors, has anyone talked to her about this? Bill maybe?

Hmmmmmmm...

Quoted from Erik:

He's thinking, "where my 3 dolla coffee at?!?" Followed by, "how do I pull off double layered color contrasting socks teamed with the freshest new yellow sneaks and not clash with my orange home perm?"
And finally, "ohhh yeah, plenty of purple LEDs, baybee!"

#16725 4 years ago

The people he has defrauded have obviously not made any impact on him. So he's going to continue to do what he's doing. PT Barnum would be proud.

If it were me, I'd have called everyone he's doing business with. There'd be an aggressive campaign to pursue criminal charges. I'd have put flyers on all the telephone poles around the neighborhood, "Have you seen this man? He claims to have been selling pinball machines but he takes peoples money and delivers nothing!" I'd call the landlord of the building he's in and let him know that the guy is being sued and is defrauding people of money and claims he's broke.

But... until then, he's going to carry on. Makes you wonder whether crime really does pay.. at least in the hobby of pinball?

#16726 4 years ago
Quoted from John_I:

His wife is on the board of directors, has anyone talked to her about this? Bill maybe?

There's a board meeting coming up. Could someone make it a baseball bat meeting?

#16727 4 years ago
Quoted from John_I:

At this point things have gotten so crazy I have to wonder if this in not a case where the guy actually is bonkers and not in touch with reality.

I think this was established quite some time ago .....

rd.

#16728 4 years ago
Quoted from MrBally:

There's a board meeting coming up. Could someone make it a baseball bat meeting?

For what? The guy is already short too many brain cells. I wish this would end. I wish Jpop would just leave the country as these recent actions have me wishing the worst for John. I'm starting to how his wife leaves him and he ends up homeless.

#16729 4 years ago
Quoted from benheck:

Where did you hear such a thing?

Don't say I didn't warn you!

#16730 4 years ago

I can't believe this disaster is still going. This is the slowest moving train wreck in history.

#16731 4 years ago

Seriously someone pay him an in person visit and demand your money back. DO NOT THREATEN OR USE PHYSICAL VIOLENCE. However a few silent big ugly looking friends tagging along may help persuade him and he will pay up I guarantee it. Sometimes a perceived threat is more powerful than one given directly, as well it keeps everything nice and legal.

Dont you guys have debt collectors tbat are legal and hound people into paying whats owed.

#16732 4 years ago
Quoted from PinPatch:

However a few silent big ugly looking friends tagging along may help persuade him and he will pay up I guarantee it. .

You guarantee a few dirty looks will suddenly force him to create a conscience and will also magically put $1M back in his bank account to payout?

I think thats fantasy.

#16733 4 years ago
Quoted from lowepg:

You guarantee a few dirty looks will suddenly force him to create a conscience and will also magically put $1M back in his bank account to payout?
I think thats fantasy.

unlikely 1mil, but I bet the 10k or whatever he owes the single person may get coughed up pretty quick. Again > NO THREAT OF VIOLENCE, just let his whacked out mind put the puzzle pieces together.

Heck, I bet as a potential AiW customer he would be happy to let you in the door.

Even better, tell him you are interested in investing or purchasing licensing for a game. That seems to have gotten others in the door to talk with him.

#16734 4 years ago
Quoted from John_I:

At this point things have gotten so crazy I have to wonder if this in not a case where the guy actually is bonkers and not in touch with reality. Rather than the conspiracy theories of him doing this or that to impress the courts or bring in new money, do you think it might be the simplest reason of all?

I'm starting to wonder this myself. From all reports, he seems to believe this can be saved. He doesn't seem to think of himself as a liar or a fraud. Combine that with cowardice, chronic avoidance issues, and combine that with us collectively giving a crazy person a million dollars.

Regardless, he'll still have to face the music, none of that excuses anything.

#16735 4 years ago
Quoted from frolic:

I'm starting to wonder this myself. From all reports, he seems to believe this can be saved. He doesn't seem to think of himself as a liar or a fraud. Combine that with cowardice, chronic avoidance issues, and combine that with us collectively giving a crazy person a million dollars.
Regardless, he'll still have to face the music, none of that excuses anything.

crazy doesn't pay bills though.

#16736 4 years ago
Quoted from Tigger64:

You'll notice assembling/manufacturing is never mentioned.
Guess it's not an important milestone.

It appears to me that these new progress updates by John are all about showing the courts where the money was burned for the lawsuits he will face.

#16737 4 years ago

This picture is so suitable to JPop for so many reasons...

JOKER_burning_money_3_0600.jpg

#16738 4 years ago

I still think a concerted group effort to get the DA involved would be beneficial. Sporadic complaints probably doesn't get them interested. But 50-100 people all contacting the DA in short order might get at least a cursory investigation.

#16739 4 years ago

There's nothing to indicate he's crazy. Obviously he's got narcissistic personality disorder big time. But there's no real reason for him to do anything since nobody's really appearing to seek proper justice. There is no way what he's done is not criminal. Forget about civil suits. The real action is in lobbying for a criminal investigation. It's the only way to get him to bust out the money he's siphoned away from the corporate shell. If the victims go after him in civil court, the lawyers make all the money. If the victims go after him for criminal charges, he'll pay them off directly to keep from going to jail. I guarantee he'll find the money to pay back those he defrauded if the alternative is jail time for him and his wife.

11
#16740 4 years ago

I just spoke with Zane Smith and posted a quick update on the Facebook group. Zane will be sending an official update out later today.

#16741 4 years ago
Quoted from sturner:

I still think a concerted group effort to get the DA involved would be beneficial. Sporadic complaints probably doesn't get them interested. But 50-100 people all contacting the DA in short order might get at least a cursory investigation.

I think the best response would come from Lisa Madigan's Illinois Attorney General office. They are well known for consumer actions that get results. http://illinoisattorneygeneral.gov/consumers/filecomplaint.html

#16743 4 years ago

So Zane filed the motion for continuance?

#16744 4 years ago

Like before, likely it's to add (or remove?) plaintiffs.

#16745 4 years ago

Update recieved from Zane check your email.

#16746 4 years ago

Well tells us peons, please! Almost 17,000 posts into this thread, and I can't stop now.

#16747 4 years ago

Zidware is "considering" filing for BK.

#16748 4 years ago
Quoted from RobT:

Zidware is "considering" filing for BK

I really read this as Zidware is having a fling with Burger King. That seems much more plausible. I mean you have that big silent type mascot, flame broiled profits, and lots of greasy bad taste left on all of your customers, seems like a match made in heaven.

#16749 4 years ago
Quoted from RobT:

Zidware is "considering" filing for BK.

Yep, either way, that's where its going.

#16750 4 years ago
Quoted from VacFink:

I really read this as Zidware is having a fling with Burger King. That seems much more plausible. I mean you have that big silent type mascot, flame broiled profits, and lots of greasy bad taste left on all of your customers, seems like a match made in heaven.

9d4d3ed4_celebrity-pictures-burger-king-his-turn[1].jpg

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