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#1141 | ||||||||||||||||||
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Flyin' Around
![]() Join Date: May 2008
Posts: 15
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Fred |
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#1142 | ||||||||||||||||||
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Bad-ass Super Contributer!
![]() Join Date: Jan 2006
Location: Mobile Alabama
Posts: 730
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Somone told me the other day that we're thinking about jd wrong.. We're thinking that with enough proof etc he will do the right thing, that's he's a reasonable guy, and it just isn't going to happen! They said that the only way that things can be corrected is if he's sued/made to.. |
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#1143 |
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Bad-ass Super Contributer!
![]() Join Date: Jan 2006
Location: Mobile Alabama
Posts: 730
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BTW..
According to the Federal Trade Commission the Proof is the responsibility of the manufacturer http://www.ftc.gov/bcp/conline/pubs/...s/ad-faqs.shtm What truth-in-advertising rules apply to advertisers? Under the Federal Trade Commission Act:
What makes an advertisement deceptive? According to the FTC's Deception Policy Statement, an ad is deceptive if it contains a statement - or omits information - that:
What makes an advertisement unfair? According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement, an ad or business practice is unfair if:
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#1144 |
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Seasoned Veteran
![]() Join Date: Jul 2007
Location: Enumclaw, Washington
Posts: 296
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Interesting and informative. But somebody that has had a serious problem with the product must be willing to jump in and make a complaint, and it will most likely take a lot more than one complaint before any action will be taken.
I jumped out of XPS, but on a high note, never had one problem not caused by me in the year I used it. So for me to complain would not work. And to be honest are we trying to put JD out of business, or just have him get things straightened out. I for one would just like to see things straightened out. The product has great potential. |
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#1145 |
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Bad-ass Super Contributer!
![]() Join Date: Jan 2006
Location: Mobile Alabama
Posts: 730
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Well, for me, The misinformation has already been told and quite a few have paid the price! I can deal with paying the price for the product (although there's no reason that I should be out of that either) and being out of that but see no reason why I should be out the price of the items that I lost.. I think that there should be a very harsh penalty for the deception!
Once again, from the information given above.. Advertisers must have evidence to back up their claims We've done it the other way around! Information has been given by the consumers that proves the product doesn't operate to specs... |
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#1146 |
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Bad-ass Super Contributer!
![]() Join Date: May 2007
Location: CA
Posts: 751
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Jon;
What has your lawyer said about this? |
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#1147 |
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Bad-ass Super Contributer!
![]() Join Date: Jan 2006
Location: Mobile Alabama
Posts: 730
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I was asking a few guys about lawyers the other day..
I may try the FTC first... I asked him at one time just to help with the repair costs but was laughed at... |
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#1148 | ||||||||||||||||||
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Bad-ass Super Contributer!
![]() Join Date: Feb 2006
Location: New Zealand
Age: 57
Posts: 832
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It's a shame -- not so much for JD but for all those folks who have bought or who will buy XPS thinking it's every bit as good as Spektrum or FASST. I've suggested that perhaps the AMA ought to get involved as a service to members. If the AMA submitted samples (taken from the field rather than supplied specially by manufacturers) to an independent testing authority then we'd all have irrefutable evidence one way or the other as to whether XPS (and the others) live up to the claims made for them. I'm not saying that Kiwi's tests are definitive -- but in the eyes of many, privately conducted tests will never hold the sway they need to make them authoritative and JD can always claim that they were flawed (as he has already done). If a suitably accredited lab or university comes to the same conclusion then JD will have no option but to fix the problems or change his claims -- and that's good for everyone. Given that US modellers pay a good sum to the AMA each year and the AMA is charged with the role of representing the interests of modellers, I would expect that organizing and funding such testing would fall well within its mandate. But this won't happen unless AMA members lobby for such testing to be done. Is it worthwhile? I don't know -- but what does worry me is the insurance aspect. Insurance companies are notorious for using any technicality or loophole they can do dodge liability for claims. If an XPS system does cause significant damage, injury or death and the insurer is called on to cover that event, what happens if they now cite these tests and say that using XPS in a fast/large model was an act of negligence and therefore they refuse to pay out? I think it might be good to resolve such a potential problem *before* it becomes necessary.
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When I'm not here, I'm at RC Model Reviews |
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#1149 |
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Bad-ass Super Contributer!
![]() Join Date: Oct 2006
Location: La Jolla, CA USA
Posts: 2,661
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It is not likely that the AMA will do anything that could be construed as approving or disapproving a product. Nor should they, that would be a very slippery slope for them.
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#1150 | ||||||||||||||||||
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Bad-ass Super Contributer!
![]() Join Date: Feb 2006
Location: New Zealand
Age: 57
Posts: 832
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People (and the insurers) can then make their own decisions based on the results of those independent tests. Of course, if the insurers say "we're not covering brand X when used in this type of model" then that's a good thing to find out *before* someone makes a claim -- isn't it?
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When I'm not here, I'm at RC Model Reviews |
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#1151 |
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Eccentricus Magnus
![]() Join Date: Jan 2006
Location: Brazil, MT
Posts: 3,629
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Does JD even open a XPS booth at trade shows any more?
If so. . I'm sure he would get swamped by irritated people instead of potential buyers.
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KrisW "Mediocrity is doing it THEIR way" |
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#1152 |
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If you can't HUCK it BLING IT!
![]() Join Date: Jan 2006
Location: Just Moved.......Hampton VA
Age: 37
Posts: 9,267
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They were at Toledo, so the answer is yes. And I never heard on any site about one single person that raised a stink there in front of everyone.
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Offical Member of Team Caribou Lou "Some people spend an entire lifetime wondering if they made a difference in the world. But the U.S. ARMED FORCES don't have that problem." ...Ronald Reagan |
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#1153 |
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Uber Contributer
![]() Join Date: Jul 2006
Location: Slidell
Age: 52
Posts: 196
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Well, hopefully that will change in the future... it sure ought to. The way we were all lied to.
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#1154 | ||||||||||||||||||
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KIGECA
![]() Join Date: May 2008
Location: Abington, Pa
Age: 58
Posts: 72
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Hey man, I be wanna be in La Jolla you lucky SOB! You poor guys, so much great weather you never have time to build, too busy flying. Must be horrible! Tough life! OK, ok, seriously now. The AMA pays premiums to their insurance carrier. The insurance carrier doesn't want to pay out, they only want to take in. If there is any chance they might have to pay out I am guessing they would lean on AMA pretty hard. I would be surprised if someone in the risk end of all this is not monitoring what is going on with XPS. If not they probably should be. Either that or they've figured that even with a questionable control system the risk of loss is still small. |
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#1155 | ||||||||||||||||||
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KIGECA
![]() Join Date: May 2008
Location: Abington, Pa
Age: 58
Posts: 72
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I wish this was an original thought but I must admit it came from a much smarter RC flyer than me. I never made the connection until he pointed it out... Ever notice that most of these XPS promoters/defenders/Kool-Aid drinkers all seem to come from the same place: Arizona? Might be nothing. Might not mean anything. Probably just coincidence. Just thought I'd mention it. |
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