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Smart Enlists Legal Team, Threatens Class-Action Lawsuit

Posted by Suzie Ford on Aug 24, 2015  | Comments

Smart Enlists Legal Team, Threatens Class-Action Lawsuit - MMORPG.com

In the latest salvo fired across the bow of the Roberts Space Industries' ship, Derek Smart has hired the legal firm of De La Pena & Holiday LLP that has sent a letter demanding, among other things, immediate refunds to all parties requesting them regardless of Terms of Service restriction, a forensic accounting of the fund-raising activities of RSI along with a completion date for Star Citizen. All these are demanded via the letter "to avoid legal action" on behalf of Derek Smart.

In sum, You have not kept Your promises. You have misled consumers about the project, how You would use funds, providing rewards to backers. You have allowed scope creep and feature cuts and you have admitted to in many public statements. And, contrary to Your representations above, i.e. to "hear" the voices of consumers and to treat them with dignity and respect, You've instead attempted to ban Derek Smart and others that have expressed concerns over the game's development and who have sought accountability from You. You have instead canceled his account and others, presumably to silence dissent. You also promised to refund his money, which is something else You have not done. Moreover, You have published patently false statements about him, including but not limited to the implication that he used Your platform to promote himself and his game; the implication that he violated any Term of Service; the implication that he used any of Your forum or chat services; the specific implication that he violated Your Terms of Use Section XX, thus warranting an unsolicited refund; and the statements You have made to the media and in Your forum. He considers several of these statements to be false and defamatory at best, and certainly an attempt to stifle his concerns and

You can read the full letter here and check out the latest allegations on DerekSmart.org.

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Suzie Ford / Suzie is the Associate Editor and News Manager at MMORPG.com. Follow her on Twitter @MMORPGMom
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