BFnastali “. . . Moog has not received any funds from you, nor from your dealer, it cannot be considered fraud, nor is it an issue for the FTC or the BCP. If your dealer has required payment, in full, months ago, for a product that was not in production yet, your issue is with your dealer.”
Hi BFnastali,
Welcome to TW. I see that you just registered today and that this is your first post. You’ll find that there are some really helpful people here.
Regarding Moog, are you 100% certain Moog has not received any money? Even if they have not, their actions fit the legal definition of fraud:
“In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been reckless as to its truth. The speaker must have also intended that the person to whom the statement was made would rely on it. The hearer must then have reasonably relied on the promise and also been harmed because of that reliance.”
Here’s the full definition, as provided by Cornell Law School (a frequently cited law reference):
Legal definition of fraud.
Let’s take a look at the facts.
1. The pandemic has caused great disruptions across our economy - no one questions that.
2. Despite the pandemic, Moog made the intentional decision to announce the sale of the Claravox, with great fanfare, well into the middle of the pandemic, on or before October 22, 2020, as noted by the start date of this thread. Moog also posted “Sound Samples” of the Claravox on October 21, 2020; here’s a link:
October 21, 2020 Claravox Sound samples.
Note that Moog also provided a link to their web site on the same date regarding the Claravox.
3. We know that dealers began offering the Claravox for sale no later that October 22, 2020. Again, merely refer to this thread for confirmation of this - at least Kraft Music was selling them by this date.
4. It is also well-established that Moog was indicating that Claravox was going to be a limited edition (but they didn’t specify a quantity) and that delivery would occur during December 2020.
5. Moog announced that, “The instrument is available for pre-order today, October 22nd, with units expected to begin shipping in December 2020.”
October 22, 2020 Moog Announces Claravox
6. Moog was also providing information to the press, no later than October 22, 2020 that the Claravox would be a “limited edition” and “is expected to ship in December [2020].”
October 22, 2020 Moog announcement of Claravox in the press.
7. At least one European dealer had apparently been told that they would receive a shipment by December 5, 2020. This would not be an unreasonable time for a merchant to receive a shipment in order to process and send to their customers prior to the holidays. It also suggests that your claim that “Moog only had a loose projected ship date on a product that [was] not in production yet” is not accurate. Especially since Moog had been heavily promoting the Claravox for six weeks prior to the time a European dealer had been expecting delivery. Note: see the bottom of the graphic below; a link to the site, which still contains this information, is found under the screen capture.
Dealer expected delivery of Claravox by December 5, 2020
8. Regardless, dealers continued to sell the Claravox, with no word from Moog that anything was amiss until December 15, 2020 - just two weeks before delivery they had represented would occur in December. That information is listed earlier in this forum and includes:
“Claravox Centennial: UpdateThe response to Claravox Centennial has exceeded our expectations and it is our focus to get them to customers as quickly as possible. We are excited to begin production of this Limited Edition instrument this month and are currently staging the production areas, verifying incoming materials and preparing for shipments. While it will likely take us into Q2 2021 to fulfill the total global customer demand, we expect to begin shipping production quantities at the start of the year.”
9. Given what we know now, allegedly Moog didn’t even have the materials to begin production in December, they most certainly hadn’t begun production (despite their heavy promotions over the ppreceding 7 1/2 weeks) with continuous representations that delivery was eminent. There is also no evidence that dealers were aware of any problems. It would absurd to suggest that Moog’s management wasn’t aware of serious problems between October 22, 2020 and December 15, 2020, regardless of the pandemic and yet they continued to hype the Claravox.
There can be absolutely no question that Moog’s actions have meet the legal definition of fraud, whether intentional or negligent (refer to the definition given above).
10. Now, let’s jump ahead to the current situation. Last week, Moog notified many of us directly that they had “just begun pilot production of [the] Claravox Centennial.” Okay, great. They then reported, “we have not yet begun shipping.” Again, okay.
Then, just two days ago, one of Moog’s endorsers (very wonderful player!) announced that he had just received a Claravox - cool! Great! Right? Oops, not quite. Moog told us that “pilot production” had just started and that they “hadn’t yet begun shipping.” Huh? What? They must have a magic wand if they were able to start production AND begin shipping (from NC to France, no less)!
11. Meanwhile, things were rightfully heating up here and on social media as Moog had promised regular updates and transparency. Then, yesterday after a holiday weekend, Moog provides their latest “update” (only their second one since this all began) and made statements that, “production is under way” (notice that they didn’t state if it was “pilot production” or production for release to consumers and “a limited quantity of Claravox Centennial theremins began shipping from our factory last week,” along with marketing fluff. Lawyers are quite adept (like politicians) with nebulous semantics. Again, huh? Moog had just told us production hadn’t begun and they hadn’t started shipping.
So, let’s examine if these are really just conspiracy theories (kinda like walnut trees - lol).
11. We know that at least two (although there may be a third) Moog endorsers who have received a Claravox - Grégoire Blanc and Dorit Chrysler (she’s going to perform a concert in Germany on the Claravox this week). This information is found elsewhere on the ‘net. Both of these amazing musicians should receive the earliest instruments as they have been involved in the promotions of the Claravox. However, Moog can now claim that “production has begun” (from their “pilot production“) and “limited quantities” (to their endorsers) have been shipped. Has anyone else on this forum or elsewhere on the ‘net received an instrument?
12. Moog has promised (they like to do that),
“The manual will be available for download at moogmusic.com/products/claravox-centennial shortly before Claravox Centennial starts shipping later this year.”
The key word here is, “before.” If the Claravox has already started shipping, then where’s the manual? Unless, of course, the Claravox is still in the “pilot production stage.” Hmmmm. . .
13. Moog states that “The Claravox Editor will be available for download in Apple’s App Store when Claravox Centennial starts shipping later this year.” Oooops, it’s not there. Is Moog shipping instruments without the manual or the software editor?
It would be great to hear if ANY customers (not Moog’s endorsers) have received their instrument, manual, or software. Something smells fishy in Moogville. Given that others have reported over the past few days that their dealers have informed them the Claravox won’t be shipped until October - what is the truth?