The other day we posted some questions from one of Ken "Whit" Whitman's victims of the KoDT:LAS Kickstarter Scheme. Yesterday we got a lengthy email of a letter mailed to several of Ken "Whit" Whitman's alleged addresses, and we have it on good authority was was also emailed to him via a third party.
We've been told that the entirety of this message was also publicly posted in at least one of the likely locations (Facebook or even the Kickstarter Comments), but we haven't bothered to go looking for it...we have a complete copy already.
Assuming this has already been posted elsewhere, we shouldn't have to mark out identifying information (denoted in this fashion), but doing so is pretty much the standard we've set so here goes:
"KoDT:LAS Victim
Phone: 555-555-5555
Fax to email: 555-555-5555
Email: KoDTVictim@gmail.com
Wednesday, April 13, 2016
Ken Whitman (a.k.a Whit Whitman)
486 E. Broadway
Brandenburg, KY 40108 USA
Email: kenwhitman@kenwhitman.com
Phone: 270-801-6080
Ken Whitman (a.k.a Whit Whitman)
d20 Entertainment (an unincorporated entity)
486 E. Broadway
Brandenburg, KY 40108 USA
Email: sales@d20Entertainment.com
Phone: 270-801-6080
Ken Whitman (a.k.a Whit Whitman)
Registrant contact for d20Entertainment.com
d20 Entertainment (an unincorporated entity)
927 Old Ekron Road
Brandenburg KY 40108
kenwhitman@kenwhitman.com
Phone: 270-801-6080
Ken Whitman (a.k.a Whit Whitman)
Admin contact for d20Entertainment.com
d20 Entertainment (an unincorporated entity)
500 Doe Run Hotel Rd
Brandenburg KY 40108
kenwhitman@kenwhitman.com
Phone: 270-801-6080
Subject: 30 day demand letter under Massachusetts General Laws, Chapter 93A for failed Kickstarter Project, Knights of the Dinner Table, Live Action Series
Dear Ken Whitman (a.k.a Whit Whitman) and d20Entertainment:
Under the provisions of Massachusetts General Laws, Chapter 93A, Section 9, and other parts of Chapter 93A, I hereby make written demand for relief as outlined in that statute.
In October 2015, the following unfair or deceptive acts occurred when you failed to complete the Kickstarter Project, Knights of the Dinner Table: Live Action Series as obligated to under the terms of the Kickstarter project at Kickstarter.com as the creator of that project. Originally, 795 backers funded this project for a total of $69,725, of which I was backer number ### for $### on February 4, 2014. One of the deliverables was supposed to be a 60 minute DVD release of ‘production quality’ based on the comic strip, Knights of the Dinner Table, the turning over of all shot footage to the intellectual property (IP) holder for the comic strip Knights of the Dinner Table; Jolly BlackBurn and Kenzer & Company (511 W. Greenwood Ave Waukegan, IL 60087 Phone:847-662-6600 Fax: 847-680-8950); plus other deliverables to each backer depending upon the amount each backer funded the project for.
As of this date, none of the shot footage has been turned over the IP holder as required under the terms of use of said IP for the Kickstarter project as part of the project. No DVDs have been produced and you have refused to communicate the status of the project in a complete and honest manner, as is required under the Kickstarter terms. The last posted update to Kickstater was October 7, 2015 plus a prior video report made by you in July 2015 where you claimed that ‘you would be making and shipping and the DVDs at the rate of 50 per day (or week) after the Gencon 2015 Premier in August 2015’ but have made none, delivered none and refused to provide any reasonable explanation as to why nothing has been done.
In addition, you have refused to provide any accounting of how the funds were used on this project, in spite of the fact such an accounting of how the funds were used is one of the terms of Kickstarter Projects and in violation of the terms of Kickstarter Projects.
In addition, there are postings from you, yourself, claiming that you have moved elsewhere, apparently in an effort to avoid fulfilling the terms of the Kickstarter project or returning all of the backers money and attempting to avoid any legal consequences for failing to complete this project or return the backers funds, plus attempting to avoid and hiding from any legal process of service, all of which is a violation of the terms for Kickstarter projects.
As such, because of your failure to complete this project under the terms of Kickstart.com for the Knights of the Dinner Table: Live Action Series Kickstarter Project plus the numerous violations of the terms of the project under Kickstarter,
I hereby demand that you immediately:
1: Refund all of the project money in the sum of $69,725 to all of the 795 backers for this failed project as required under the terms of Kickstarter for projects that have failed and numerous terms violated by the creator, Ken Whitman (a.k.a Whit Whitman) and/or d20Entertainment for said project.
2: Turn over any and all shot footage at once to Jolly BlackBurn and Kenzer & Company or to a representative of their choice for accepting delivery of shot footage, which was required under the terms of the project, as part of the project. Also provide a complete list of what footage was shot, a description of each footage along with the date, time and scene, the file size of each clip in megabytes and the number of minutes of each clip of said footage.
3: Provide a complete and total accounting, as required under the Kickstarter terms, of all of the money collected for the project, including items produced and sold to other parties for the Kickstart project, and where all said money was spent. As a backer of the project, under the terms of Kickstarter for the project, I demand a total accounting and copy of all records, bank statements, receipts, invoices, emails, computer files, computer records, computer accounting systems files, charge card statements, computer files, plus any other document or record in any form, showing the collection of money or use of funds for this project.
Massachusetts General Law, Chapter 93A, gives you the opportunity to make a good-faith response to this letter within thirty (30) days. Your failure to do so-could subject you to triple damages, attorney's fees and costs if I institute legal action.
I look forward to hearing from you in writing.
Sincerely,
KoDT:LAS Victim / Wednesday, April 13, 2016
Enclosures:
1: Web page Contact Page for D20 Entertainment showing mailing address for D20Entertainment and its web site.
2: ICANN information showing contact details for Ken Whitman and d20entertainment.
3: Kickstarter project pages for Knights of the Dinner Table, showing summary of project, along with showing that I am backer number 666 at the $250 level.
4: Facebook page showing Ken Whitman as going by Whit Whitman.
DO NOT IGNORE THIS LETTER. THIS LETTER IS VERY IMPORTANT.
THIS IS A ‘30 DAY DEMAND LETTER’. IT IS ONE OF THE VERY FIRST STEPS IN COMENCING A LAWSUIT FOR VIOLATIONS OF CONSUMER PRACTICES AS AN ‘UNFAIR, DECEPTIVE ACT OR PRACTICE’ UNDER CHAPTER M.G.L. 93A.
You are being given an opportunity to make a ‘good-faith response to this letter and opportunity to resolve this matter.
Regards,
KoDT:LAS Victim | KoDTVictim@gmail.com"
Good. More legal pressure on Ken can only bring positive results.
ReplyDeleteA very well-written document. It would really be cool to see this project at least partially fulfilled even if that means refunds.
ReplyDeleteI don't want to say this made my day - but this made my day.
ReplyDeleteAnd for the record the AGs of at least two states have made inquiries so far. So I suspect there are other interesting things in the works.
ReplyDelete