Friday, April 25, 2014

Getting a Refund for Super Retro Squad (Super Retro Crossover)

Image from: stock.xchng


Well unfortunately the day has finally come where Super Action Squad, formerly called Super Retro Squad, has been cancelled. Jay Pavlina wrote a huge article over on explodingrabbit.com which basically makes excuses and then throws his team members under the bus.


More importantly let's talk about refunds. You asked for my help and I will accommodate you. It appears he refunded a few people so they would stop bad mouthing him, basically buying them off. There are a bunch of other people who have asked for refunds and not received them as of today and in looking at the comments on Kickstarter and the explodingrabbit YouTube channel, Jay is not even responding to people. Long story short people want refunds, and as usual Jay has gone MIA an ignoring them.


So here is what you can do.


First of all, you are legally entitled to a refund because he didn't fulfill the rewards. You can read more about that on my post here Timeline for Exploding Rabbit's Super Retro Squad (Super Action Squad)


Right now you basically have 2 options to get the refund.


Option 1 - Ask Jay Pavlina for a refund

You can continue to ask him for a refund though he doesn't seem to be responding to people at all and has pretty much vanished. You could ask on Kickstarter, where the funding took place or attempt to contact him via the "contact form" on explodingrabbit.com. Beware of the contact form though because you have no idea where that goes, will have no record of the email, and he will track you personal IP address. In my opinion this option doesn't seem to be working out.

 

Option 2 - Sue Jay Pavlina

As a backer you legally entered into a contract with Jay Pavlina. You gave him money and in return were to receive rewards. The rewards were not provided and it appears never will be. What you would need to do is sue him. It would be a civil matter and you would sue him in small claims court. Specifically you would sue him for the damages which is the amount you gave him for the rewards as well as court costs. Court costs include court fees and your lawyers fees. Most lawyers will work on contingency which means they won't be paid unless you win the case, and like I said you won't have to pay anything because you would sue Jay Pavlina for the court costs as well. That is basically the overview and if you want to do this, just reach out to a lawyer and find out of they will take the case on contingency. The lawyer will then walk you through the specifics of what you need to do. If a lot of people are interested in this method I can reach out to a lawyer who would do a class action suit on Jay Pavlina on behalf of all the backers. Let me know guys, I am here to help.


108 comments:

  1. It's hilarious that you think a lawsuit will get you anywhere, if anything you'll be laughed right out of court. All he has to do is refund your money and you've lost all legal basis for your claims.

    I hope you do try to sue him and it blows up in your face. You people are scumbags and are directly responsible for bullying the indie development community into being stagnant. Great job, I bet your really proud of yourselves.

    ReplyDelete
    Replies
    1. "bullying the indie development community into being stagnant"

      what are you on about? That is such a broad statement and only srs has been talked about here. Plenty of other indie games are being made and getting kickstarter funding. Better games with beeter project managers. Simple really.

      Delete
    2. This particular indie development didn't need the help from this blog to be stagnant. He did that all on his own. I have no sympathy for a bad project manager who blows 50k like a gangsta rapper without giving anything back to the people who trusted him.

      Delete
  2. Thanks for looking out for the backers OP.

    To the guy above me I think that's the whole point is if Jay isn't gonna give the refund then we can sue him for it. It has plenty of legal basis?

    ReplyDelete
  3. hey author can i email you? im interested thanks

    ReplyDelete
    Replies
    1. I also would like to. I have given this guy much patience and time and he doesn't even have the respect to reply to me. So I will do it this way I guess

      Delete
    2. I want mine ASAP, no reply from Jay in weeks.....

      Time to sue......

      Delete
    3. still no refund for me.....

      Delete
  4. looks like you were right all along about this train wreck

    ReplyDelete
  5. Perfect

    The game itself is cancelled

    The blog about how the game was a scam is still going strong and updating

    ReplyDelete
  6. You the man, solid info. I'll give him a week or so to get back to me (it's already been weeks with no reply) then I'll call the lawyer. I know he's having a hard time and what not but it's getting way to long . Very helpful

    ReplyDelete
  7. "Sue Jay Pavlina"

    If that happens I piss myself

    ReplyDelete
  8. If you want a refund and Jay is ignoring you then maybe ask Mario Fan who used to post on here. He seems to have a way to talk to Jay and offered to help in the past, but he also seems to have gone MIA so dunno

    ReplyDelete
    Replies
    1. I don't know why, but I kinda stopped coming here :P
      I think they should stop being silent and say something. Anything. The last time I successfully communicated with him was in a strange incident on the forums involving a user named LordRekt. I think I tried to send him something at one point (I can't remember what), but I never got a reply.
      Basically, not much I can do ATM. Sorry :P
      From the context, I'm guessing that MIA means "shut up", but what does it stand for?
      Also, if anyone ever needs me, mariofannio@hotmail.com

      Delete
    2. I can try sending him another email (I don't actually have his address), but a) I'm not sure if it'll work and b) looking at week-old-posts saying "I'll give him a week and then I'll sue", something tells me that someone's already given it a shot.
      Actually, maybe that's why he's gone silent. Maybe he's stuck in a lawsuit and unable to communicate with the outside world. That's just speculation though, I don't know how lawsuits work.

      Delete
    3. Thanks man, and MIA = missing in action. I think backers would appreciate any form of communication from him, any at all. Sounds like you're in the same boat as the rest though but thanks for getting back to us.

      Delete
    4. Jay opened an open floor (i think that's supposed to be funny i dunno) for the former ER members. Both Mike and Jean-Marc have said they were going to post in it, but neither have done so. While Mike still seems to be checking the forums regularly (and even reading Current Thoughts), Jean-Marc has not been detected on the forums since April Fools' Day.
      I mentioned this on Current Thoughts yesterday. Mike hasn't been on since (in my timezone) the midnight that leads into yesterday, but I'm sure he'll see it at some point.
      I think this should do for the moment, but I'm not sure if this is the last thing I'll do on this.
      [OBLIGATORY LINKS SECTION]
      Open Floor: http://www.explodingrabbit.com/forum/threads/sas-team-open-floor.18025/
      My post in Current Thoughts: http://www.explodingrabbit.com/forum/threads/current-thoughts%E2%84%A2-64.15379/page-2165#post-329467

      Delete
    5. So these poor people get thrown under the bus by Jay and then you people track their ip and site actions? That's personal info honestly

      Delete
    6. Don't go to the links guys. They are just trying to track and identify you. Avoid it

      Delete
    7. I don't know of any IP tracking. I know that mods of a higher rank than mine can see IP addresses (but I don't know to what extent), but as far as I know they only get used when something goes wrong (like an existing user making a troll account, that actually happened in late March).

      Nobody replied to my post on Current Thoughts, so I contacted Mike on his profile page. He said he still didn't feel entirely ready.
      That's one-and-three-quarter months and counting.

      @2:58 AM Are you referring to the links?

      TL;DR if there is ip tracking i don't know of it and i don't have anything to do with it unless posting links counts as having something to do with it

      also i'm pretty sure there are browsers that can stop one from being tracked if applicable, i don't know much about these things but i think there's something called tor

      Delete
    8. I just looked and found out that Jay posted on April 9th to announce a successful move to a new server. Last seen April 25th, just before the fourth anniversary of Exploding Rabbit and Mario Crossover (not sure if this is relevant). I don't know if he did anything in particular after that post.
      Catie was last seen April 22nd, and Jessy April 4th.

      All data from forum statistics.

      Delete
  9. I feel bad for the poor saps who lost 1k or more on this

    ReplyDelete
  10. I've read the article but seems to have been edited. Anyone had a screenshot of the original?

    ReplyDelete
    Replies
    1. which article? on this blog or on explodingrabbit? You should try google cache or the waybackmachine

      Delete
  11. For legal action look here:

    http://www.geekwire.com/2014/attorney-general-asylum-playing-cards-crowdfunded-project/

    ReplyDelete
  12. Maybe worth a shot

    ReplyDelete
  13. Even with people talking about suing jay is not even talking to his backer. Little communication goes a long way really

    ReplyDelete
  14. He better stop watching porn

    ReplyDelete
  15. JAY MUST REPLY TO PPL AT THE LEAST OR HE GONNA GET SUE!!!!!!!!

    ReplyDelete
  16. Oh great you must be 12

    ReplyDelete
  17. Ok so I pretty much hate pavlina he is the def of what's wro g with indie community and why people do trust indie devs. Makes it hard for the real ones

    ReplyDelete
  18. Also it's not technically cancelled per se, but just "on hold". They intend to pick it back up once they've made some smaller games. I doubt any of you give a fuck though.

    ReplyDelete
  19. I thought I heard someone has the sue on jay

    ReplyDelete
  20. I don't believe this jay made mario crossover and then actually done updates to it for a while. So how did this project become such a train wreck?!?!?!?

    ReplyDelete
  21. Still more refunds to go

    ReplyDelete
  22. You know he's getting serious back winding from it everything. All he must is to answer the people is it

    ReplyDelete
  23. Can somebody tell me how to get a refund? I know a few people have and a lot haven't so what did you guys who got one do to get it?

    Please help me!

    ReplyDelete
    Replies
    1. Dude, that is the point of this post!?!?

      Jay isn't responding right? So then go with option 2 and sue him. I think at least 1 other guy is suing him now, but maybe 2 are.

      Delete
  24. Hey so don't ask how I know this but so you know Jay would like go around to websites and create dummy accounts to post good things or to bury bad stufff. He actually spent like hours on this each day.

    Full disclosure people!

    ReplyDelete
    Replies
    1. um ok first how do you know this and 2nd why does it matter!?!?!

      Delete
  25. crash n burn like hindenburd

    ReplyDelete
  26. lol check out this pic it really says it all!

    http://readysoup.tumblr.com/post/26119174757

    ReplyDelete
  27. Jay just logged on to the forums! It probably doesn't mean anything, but this hasn't happened since late April. Someone said he said they are ok and working hard in a PM, with so far no further details.
    *Your hope has raised by 10 points!*

    ReplyDelete
    Replies
    1. You were refunded?

      Delete
    2. No, I haven't given up hope.

      Delete
    3. um hope not raised any.... we want refunds.....

      Delete
    4. well frankly you can't get a refund if you can't get hold of him, and this is a step towards getting hold of him :P

      Delete
    5. Even if he doesn't reply to people he can still be nice and sued!

      He registerd his company and here is the address
      6386 S Canterbury Rd Parma, OH 44129.

      so thats where you would send the lawsuit to or find him in person

      source:http://www.bizapedia.com/oh/EXPLODING-RABBIT-LLC.html

      Delete
    6. And a fun fact he bought that little place of his for $139,000 on 9/29/12. Of course $50,000 of that came from our money!!!

      source: http://www.zillow.com/homedetails/6386-S-Canterbury-Rd-Parma-OH-44129/33564888_zpid/

      Delete
    7. So he only paid $89,000 for the house using the $50,000 ks money huh

      Actually I thought I saw somewhere someone else put in $25,000 so basically only $64,000 for a house. wow

      Not shabby some cars cost that lol

      On the backs of con artists eh Jay? (no eagle wings hear!)

      Delete
    8. You think he even reads this?

      Delete
    9. i think he said he got the house with a loan or something and didn't include the kickstarter money

      Delete
    10. Well clearly he dosnt have any left to refund backers. So if it didn't go to buy the house then what was it spent on? Hot dogs and pet turtles?

      Delete
  28. He never said the game was cancelled, no need to get a refund yet, they just put it on hold until they can get back up on their feet again.

    ReplyDelete
    Replies
    1. nobody cares, just want refunds

      Delete
  29. Hi guys can you say if you heard from hit at all? Who has actual refund so far and like how did you get a hold of him?

    ReplyDelete
    Replies
    1. Not yet, and I sent a few pm and it's been weeks. Real classy jay

      Delete
    2. ARE THERE ANY UPDATES HERE THIS IS INSANE!!!!!

      Delete
  30. WHERE IS MY REFUND!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    ReplyDelete
  31. hey there so has anyone tried the suing option? how did it go did you get the money and what was the cost?

    ReplyDelete
  32. any more news on refunds?

    ReplyDelete
  33. where did that 50k go to? Bet he spent it on little poddle .....

    ReplyDelete
  34. think its official that jay has abandoned all yall and your not getting a refund and its not like this blogger warned you or anything! hope nobody is to butt hurt!

    ReplyDelete
  35. He's made a new video now, what do you want to say about it?

    ReplyDelete
    Replies
    1. who me? personally I don't give 2 craps! Dude just needs to refund ppl

      Delete
    2. think its some sad try really but ppl are upset

      Delete
  36. Lets band together and pursue legal action, this is insane, these guys have walked away with $40,000 plus.

    Issue me a refund!

    ReplyDelete
  37. you know some just don't learn and also i wish i had this many on my blog!

    ReplyDelete
  38. ok so this dude has been posting crap on his site and youtube like nothing has happened and he didn't rip everyone off, oh but wait he did and had like the biggest scam kickstarter ever has seen!

    So my brother is a lawyer and I started to get the process going and he is in for a big ole surprise lol

    get ready jay.... we haven't forgotten!!!! We demand to be refunded!!!

    ReplyDelete
    Replies
    1. youll never see it....

      Delete
    2. hi is jaypav mean jay pavlina from ER? why you say that?? If they want one they shoudl have it??

      Delete
  39. still no refund, I don't think that dbag jay is on pointe here.....

    ReplyDelete
  40. chicka chicka where that refund?!?!?!?!

    ReplyDelete
  41. Hey blogger happy ny to you man! So not sure you have seen, but jay is now like trying to turn his site into a blog and is making like different versions of of mario crossover with metroid and stuff. Of course all the pages have ads and you have to go to many pages to read stuff so he's still just trying to make money and not work.

    How much we want to bet that new money doesn't go to the refunds...

    ReplyDelete
    Replies
    1. saw that same but ya ppl will do anythnng when desprite!!!! Its not foolin anyone though he still a sleeze@!!!!!!!@@!!

      Delete
  42. Exploding Rabbit
    Mar 25, 2014

    We have received your request for a refund for Super Action Squad. For information about how we handle refunds, see our refund policy at http://www.explodingrabbit.com/games/super-action-squad/refund-policy

    Your refund request was received on March 21, 2014 at 1:06 PM EDT. There is currently $2444.38 in our refund queue ahead of you.

    We will contact you when we are ready to process your refund.
    `````````````````````
    sanchezja
    Jan 6, 2015

    Can you give me the status of my refund request?
    `````````````````````
    Exploding Rabbit
    Jan 7, 2015

    There's $2326.20 ahead of you.

    So, 10 months later and they have refunded a little less than $120.

    ReplyDelete
    Replies
    1. Come on guys sitting around unemployment watching porn needs money so give him a break.....

      #jaydouchebag

      Delete
    2. someone needs to tell him that porn is free on the web!!!!!!

      Delete
  43. I'm jay pavlina and NO REFUNDS!!! I am him trust me why'd I lie

    ReplyDelete
  44. https://www.youtube.com/watch?v=2D8GIZxdxbM
    https://www.youtube.com/watch?v=riSNHU55ypM
    ...

    ReplyDelete
  45. http://www.vg247.com/2015/02/20/dayz-creator-calls-for-crowdfunding-accountability/

    ReplyDelete
  46. So Jay has to refund cuz he fucked up and didn't deliver so looks like scam was right

    Read this
    http://valleywag.gawker.com/it-just-got-easier-to-sue-failed-kickstarter-campaigns-1637720027



    ReplyDelete
  47. Hi - Our firm is experienced with helping backers in situations like this. Check out our Kickstarter legal guide and by all means get in touch with us with any questions or to see how we can work for you.

    http://www.nwcorporatelaw.com/kickstarter-legal-guide/

    503-405-4939

    We are happy to assist so don't feel you need to figure this out yourself or are worried that you lost your money

    ReplyDelete
  48. Honestly I am not sure. I have the 'Show word verification' set at 'no' so it shouldn't happen. Do others get this?

    ReplyDelete
  49. 4 years and no game or refund

    ReplyDelete
  50. Still no refund, this is a violation of Kickstarter's Terms of Use

    ReplyDelete

But who cares what we think, what do you think about the Exploding Rabbit scam? You can post anonymously if you want.