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Thursday, February 15, 2018

#ConManKen in Breach of Contract? Say It Ain't So!


It always a happy time to watch Ken Whitman's worst enemy be none other than... Ken Whitman!

So, let's recap, shall we?

Ken's license with KenzerCo expired at the end of 2017. Ken never met his obligations to KenzerCo over KotDT: LAS before the contract expired. How did this happen? Blame Ken.

Now, since Ken can no longer fulfill his obligations, he is ALSO in violation of Kickstarter's Terms of Service:

Quoting +Bob Brinkman 's comment at:
But, since the license has expired and Ken is no longer capable of achieving the KS, the KS terms of service do kick in at this point. 
“Yes. Kickstarter’s Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill. (This is what creators see before they launch.) We crafted these terms to create a legal requirement for creators to follow through on their projects, and to give backers a recourse if they don’t. We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill.” 
As Ken cannot legally fulfill this particular KS project because of the expiration of the license, he needs to either issue refunds or be prepared to face possible litigation. 
Granted, most of this falls into the “small claims” category (unless there is a class action) and, in most cases, it probably isn’t worth the filing cost. But, if d20 entertainment was a single owner corp, things like corporate veil or even the protections of an LLC would likely not apply so there is a possibility of a judgement going after any and all assets of Ken’s. 
It also opens the door for criminal fraud investigation on this particular issue (which could constitute wire fraud). Where such an investigation would lead is another matter entirely but, now that Ken has no further protections on the matter of this kickstarter I’d say he should get AWFULLY helpful really quickly.
But wait! There's more!
With the expiration of his license, Ken can no longer legally fulfill the Kickstarter. With that in mind, it is time for people to start filing legal complaints if he doesn't start issuing refunds. 
The below link will take people to the FTC site so that they may report Ken to the FTC. Enough people report him and a criminal investigation will get rolling. 
https://www.ftccomplaintassistant.gov/GettingStarted?NextQID=251&Url=%23%26panel1-6#crnt
Now, remember, D20 Entertainment never existed. Ken never registered the LLC anywhere. So, who is left holding the bag? Ken.

Yep. Congrats Kenny-boy! You've covered yourself in shit.




6 comments:

  1. Even if D20 Entertainment was a legal entity, which it was not, I think the corporate veil would have been easily pierced. We've already seen reports of the money-man quitting over Ken not transferring money from his personal account to a business account. All we'd need was a confirmation of that and nothing else. Not that it matters since there wasn't a corporate veil to pierce to begin with. I would know since I'm the one who did the legwork on that bit of information (and reserved the D20 Entertainment name for a few months in 2015).

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  2. An LLC is cheap...this guy could spring for about a 100 bucks to file an LLC, what a moron.

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  3. Any chance he could renew his license with KenzerCo as a (further) stalling tactic?

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  4. Given his horrid attacks on Jolly and his family, I suspect that such a thing is VERY unlikely.

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