James Humphrey1, an attorney representing BFL in the case that the FTC brought forward last month, has filed a motion to dismiss the complaint. He stated that for the state to argue for deceptive representations, the FTC would need to allege facts that established BFL made a representation that was material and likely to mislead customers.
Mr Humphrey said that the FTC only cited from the BFL website but did not attach any pages or social media entries of allegedly misleading material in their complaint. Humphrey argued that the BFL website pages included in the complaint actually show BFL updated shipping projections, detailed production updates and BFL's well known day to day shipping updates.
Polsinelli PC. ↩