TREG by any other name

smells just as bad as every other attempts by WT. It’s beginning to look like another ploy, having run out of ideas, spin, rhetoric, even a word.

In other words, TREG is a hail mary pass, their last hurrah. It seems to be nothing more.

In anticipation of the Superbowl this Sunday, I can’t help but picture it all in football terms. WT’s down 56 to 0 (points or weeks, up to you). It’s fourth quarter, fourth down with 30 yards (or days to shipping, again up to you) with less than 10 seconds left on the clock. There’s no possibility of victory, only saving of face. Manning’s out with (yet another) injury, Osweiler’s choked under pressure. Running backs’ total yardage is in the negative. Wide receivers couldn’t catch a pass if you were to hand the ball to them. Thus their offense is shot, completely confused and in disarray. Their defense, tired and devoid of morale at this point, is practically walking in to the locker room. More than half the stadium’s gone home. The opposing team (us) is pumped up and angry. They know how this is going to end, but due to NFL rules, must play to the last second. It’s painfully tedious to have to go through the motion of formation, when we all know how badly this will end. Everyone from the team owners to the lowly towel boy and his dog knows that a hail mary is their only option.

At this point, you have to wonder how they painted themselves into this corner, how they wasted away all four, perfectly usable, quarters without scoring any frigging points.

They must know that there will be a mass exodus, on top of all the people that’s already left, if this hail mary fails. There won’t be anyone left to even throw rotten tomatoes or half-empty beer cans at them. In fact, it may be better if they just spiked the ball, admit defeat, and call it a day. Even just 12 seconds ago, it looked as if they may have a game plan (to at least get a field goal, not a touchdown) which got some people excited, but now it’s nigh impossible. A complete blowout is in the works here, folks.



One problem with this is you have cast us (customers) in the role of the opposing team who are just seconds away from winning. Somehow It doesn’t feel that way.

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Actually it’s not the “customers” (“patrons”, really, because we can’t be customers until a product is actually delivered) who have cast themselves in an oppositional role.

It’s really hard to cooperate with somebody who has to be dragged kicking and screaming to almost admitting what the truth is, once a month like clockwork. We’ve been bend-over-backwards cooperative for over a year now, and we’re still getting the smoke hose where the sun don’t shine.

It just occurs to me: you know what must be just a little bit worse than trying to be a WT customer?

Being a WT employee. Assuming the same default strategy is applied in times of stress.


I’m somewhat confused. Do you agree that we “people who have ordered TextBlades” are on the opposing side, seconds from victory? If so, what victory is that?

I know we have had this discussion before, but of the two words, customer is actually the better in this case. If you ordered a car from a dealership and the particular model had to be manufactured and delivered, are you not a customer even in the intervening interval?

If any of your complaints start with “I paid for this product…” Then you are a customer.

If you simply want to gift money to WayTools to aid their cause or are a habitual/regular customer of WayTools, then you are a paytron.

Since this is most likely the last product you will ever purchase from WayTools, then you are a customer. Technically you could be called a patron, but customer is closer to the mark.

Note the roots of the word. The archaic phase “favoured with your custom” as in a merchant with whom one makes a custom of doing business, conveys the original sense. I can’t make a custom of doing business with WayTools because they don’t perform on the offer-and-acceptance.

Also, your modern definition calls for a “purchase of goods or services”. Payment has been tendered (long ago), but no goods or services have been delivered. So no purchase has been completed.

I’ve been trying to be a customer, but I’ve been dragooned into the role of patron.

Customers have rights and protections provided by law. Do patrons?

If you have not done business with WayTools, then why do they have your money?

A commercial transaction is supposed to be voluntary and cooperative. WT has failed to cooperate. I’m unclear as to what I would consider “victory” at this point. WT finally delivering a product that meets its implied warranties of merchantability and fitness to intended use would be nice. But after a year of waiting on my side and prevarication on theirs, one has to wonder. Cancelling my order and obtaining a refund doesn’t feel like a genuine victory; it’s at best a Pyrrhic one. A frank admission that “we still don’t have shippable product, and don’t know when we will, if ever” would be progress…and is in fact what the FTC regulations require, if in fact that is the true situation…and that notice is required to be provided explicitly and directly to those who have ordered, not simply posted on a web page they are then required to visit. Explicit consent to maintain the order in force is then required.

I pointed this out to Waytools last May privately, and suggested they consult legal counsel on the subject. Their response was handwaving that these rules did not apply to them…

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Funny you should mention that. See above.

That’s a fair question. They made an offer, I accepted and provided consideration, and they are delinquent in performing their end of the bargain. I have not demanded return of my money in the hope that they would eventually perform, given enough time. They continue to indicate they they will be completing the hardware part of the bargain within 30 days.

This is the representation I am offered to rely upon.

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Thank you. That talks about a customer’s order status page. What does the FTC say about patrons?

I know you are making a point about the customer/patron thing, but unless you consider yourself a customer, I’m not sure you have any rights. Then again, it’s not really what you consider yourself, but what the law considers you to be.

All I have to do to fall within the regs is place an order. Note that the FAQ is being asked by a vendor, who chooses to use that term. Probably a vendor who has actually delivered some product to someone before. Maybe even the hypothetical payee.

If I had ordered a car from a dealer who said “deliveries begin next month” and after 12 months of “maybe next month” he was saying I might be allowed to help with the QA on the car, but only if I was worthy, I think “customer” wouldn’t be anywhere near so good a word as “criminal complainant”.

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My mistake Jim. Didn’t think this through apparently. You’re right, guess both teams lose.