Washington State Sues Crowdfunder

Washington State’s Attorney General filed a lawsuit against a crowdfunder who raised over $25,000 from 810 backers on Kickstarter and failed to deliver the promised product for more than 16 months.

The AG calls this “crowdfunding theft.” In other words, if you take money from people on the promise of delivering a product and don’t, that’s fraud.

The article says that: “The Attorney General’s office is seeking restitution for consumers, as much as $2,000 per violation of the Consumer Protection Act in civil penalties, and money to cover the state’s costs and attorneys’ fees.”

Kickstarter’s terms of service say that a crowdfunder is legally responsible for delivering on its product promise. If you post on Kickstarter, you have entered into a binding contract for which you are legally liable to fulfill.

The charges include “misrepresentation,” “failure to refund after requests,” and “unfair or deceptive trade practices.”

You can read the AG’s complaint at the end of this article: http://www.geekwire.com/2014/attorney-general-asylum-playing-cards-crowdfunded-project/

About JeffKoeppel

I am a corporate/securities attorney in the Washington, DC area. Prior to joining the firm, I was a Senior Attorney Advisor in the Division of Corporation Finance at the U.S. Securities and Exchange Commission. I am a member of the Bars of the States of Maryland, New York and the District of Columbia. You can also follow this blog on LinkedIn at: http://www.linkedin.com/pub/jeffrey-a-koeppel/0/63/5a9
This entry was posted in Congress, Crowd Fund Act, Crowd Fund Act of 2012, Crowd Funding At the Margins, Crowd Funding Platforms, Film, FINRA, Funding Portals, Investments, Jobs, Legislative Intent, SEC, Small Business and tagged , , , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

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