Well, my day has been an exciting day to say the least. No, I didn't get a refund but I do have some interesting information to share.
Quoted from vid1900:
FOX is probably not allowed to give you any confirmation about anything - unless you are a business looking to license something or have a court order.
Maybe since I did go to court, he was receptive? Maybe I'm just good looking?
Quoted from Skins:
Question: why hasn't Kevin had to answer that he never had the license and collected monies on a false premise. I don't see how that is getting glossed over.
I think it could, should he file for bankruptcy. "False Pretense" would make his debts non-dischargeable. I think this will come to light as this is a violation of the Michigan Consumer Protection Act 331 of 1976 445.903 Sec. 3.
Quoted from rosh:
I think the problem here is that he believes, based on some conversation with some peon at 'fox', that he was within legal rights to do it under fair use. Accordingly, he will claim he believed he did have the license when he was stating such, and it was only much later that he learned what he was doing was not acceptable from a licensing standpoint. Which is then followed by the 'now that we know this we are trying to get the proper license', BS
I think he has just lied, that's all. He has perjured himself in small claims court last week. I was there and heard what he said.
Okay, here's what happened today. I left a voicemail this morning, and Bryce was kind enough to return my call this afternoon. He was very kind and we had a very pleasant conversation. In fact, he was ***MOST*** interested in the fact that I had Mr. Kulek's attorney contact information. I have sent that to him, as well as all my small claims court documentation, and I suspect that they are going to have a come to Jesus meeting very soon.
Now, this may be exciting, but let's not raise hell. Please don't start bombarding Fox, or Kevin, or his attorney with calls and emails. I am in the process of collection information and documentation that I will gladly share with the customers that can be submitted as evidence in legal proceedings. So, please be patient. The wheels of justice are slow.
I think that the end game may be not too far off, although it may mean no money for anyone. Who knows if there is any there?
Anyway, I'm copying and pasting my email to Bryce at Fox (again please don't contact him, I will give you whatever information you need.)
Thanks so much for returning my call this afternoon. The information you shared with me concerning (1) the lack of any license being acquired by Mr. Kulek, (2) the fact that no license will be granted in the future, and (3) the statement of the issuance of the multiple Cease and Desist Notices that have been sent to Mr. Kulek will hopefully provide his attorney with the information necessary to begin processing refunds for the customers without further delay.
As we discussed, I was awarded judgment on May 19, 2015, in a small claims hearing with Mr. Kulek in Midland, Michigan (Case No. 15-36333-SC). I am hopeful that the judgment payment will be received.
Please find the attached documents that I used in presenting my case before Magistrate Ladwig. Also, note the attachment referencing the Michigan Consumer Protection Act 331 of 1976 statutes that I believe Mr. Kulek has violated.
There is also a link to an audio presentation at the 2012 Chicago Pinball Exposition in which Mr. Kulek claimed to have secured licensing from Fox, as a means to solicit customers to deposit funds to pre-order the product being marketed.
I believe the statement that “negotiations” with Fox are in process may be in use as a stall tactic to delay refunding the customers.
I only have a hard copy of Mr. Kulek’s attorney response to the Consumer Complaint I filed with the Michigan Attorney General (2015-cp03302227065-A). I will scan that first thing on Monday morning and email that to you.
From that response, I discovered who Mr. Kulek’s attorney is. The following is Mr. Kulek’s attorney contact information:
The Law Firm PLLC
Jon T. Emaus, Managing Partner
8163 Grand River Rd.
Brighton, MI 48114
If you would be so kind, I would appreciate a written response from you confirming Mr. Kulek’s licensing status: in process/negotiations underway/pending, acquired or denied; as this may be necessary to be submitted as evidence should additional legal proceedings be warranted.
Thanks so much, again, for your time and assistance in this matter.
I will keep you all posted as I learn more.