📱 Solana Seeker Self‑Help Kit (Anyone From Any Country Who Has Not Received Their Phone or even had it ship)
The goal of this guide is to help anyone (including international or non‑legal‑savvy buyers) quickly assert rights as Solana Seeker missed their implied or expected initial ship date of 1st half of 2025 and failed to follow state and federal law in the process as well as breached their own contract which ironically states the federal law they disregarded.
This will help you comply with the contract’s 45‑day informal resolution step, and be ready to file AAA consumer arbitration or small claims if needed as outlined in the Deposit Terms and Conditions which are legally binding on both sides. More preferably it will push Solana Mobile to start making greater efforts in both transparency and making right their colossal (and possibly negligent) screw up in shipping and legal compliance.
If people know their options it may push for better corporate ethics and a resolution to the issue because clearly customer satisfaction is not a clear enough motivator for them. So if you don't have your Seeker and you want to do something about it here is a guide. AGAIN anyone from any country can use these options. The goal would be for them to find motivation to make things right without needing to go further than the 1st step (a simple email) realizing that people en masse might exercise their rights to relief and enforce laws they flagrantly violated. But first a brief understanding of what they ignored from their legal team and why their entire waiver of liability AND no refund policy is illegal by state and federal law and their own contractual obligations.
1) Your Core Rights
FTC (US Federal Trade Commission) Mail/Internet Order Rule (16 C.F.R. Part 435): If a seller can’t ship by the time stated or implied (key word here implied), they must (A) send you a delay notice and get your consent to a new date, or (B) give a prompt refund.
“H1 2025” counts as implied ship date: “Expected first half of 2025” (screenshot attached also you can verify by going to the Wayback Machine and pulling up the original order site https://t.co/r1qW7Y9ApW on January 16 2024, the first capture after they announced) is still a stated time window; because that was missed without your consent, you may demand refund or immediate shipment.
California law applies: The Seeker terms choose California law. EU/UK buyers also keep mandatory home‑country protections (Rome I, Art. 6).
Boilerplate waivers don’t erase these duties: CA §1668 (no contracting around illegality/fraud), CLRA §1751 (anti‑waiver), McGill (public‑injunction not waivable), Williams v. Gerber (disclaimers don’t cure deception), Riverisland (fraud beats integration clauses).
What you can get: Refund/ship‑now demans; UCC “cover” difference + incidental/consequential losses (with proof); UCL restitution + injunction; prejudgment interest on money wrongfully held.
2) Handy Quotes From Solana Seeker Terms
Governing Law: “All matters … are governed by the laws of the State of California ….”. As a side note California has some of the strongest consumer protection laws in the world.
FTC Rule acknowledgement: "If an estimated shipment date can’t be met, the FTC Rules may require offering “a refund or a new estimated shipment date.”. As another side note there is no "may" about it the laws are clear they violated them knowingly after acknowledging them in their own contract.
45‑day informal step (the first step - a simple email): The Informal Dispute Resolution Conference “is a condition precedent … shall occur within 45 days … deadlines are tolled”. Basically this means the first step before action is to send notice (template below) and they must set up a web or telephone conference with you within 45 days and make a good faith effort to resolve.
Where to send Notice: [email protected] and/or 530 Divisadero St. PMB 722, San Francisco, CA 94117.
3) One‑Page 45‑Day Notice Email template (copy, fill brackets, send)
To: [email protected]
Subject: Notice of Dispute (45‑Day Informal Conference) — Solana Seeker Order #[ORDER]
Hello Solana Mobile Legal,
I am sending Notice under Section 14 of the Solana Mobile Deposit Agreement for the Solana Seeker and request an Informal Dispute Resolution Conference within 45 days.
My info
• Name: [Full Legal Name]
• Phone: [Number]
• Mailing Address: [Address]
• Email associated with order/wallet: [Email]
• Order/Wallet/Txn ID(s): [IDs]
• (If represented) Counsel: [Name, Firm, Contact]
Dispute summary
I paid [deposit/full price] on [date]. The Seeker’s advertised expected ship time was H1 2025. It has not shipped. I received no individualized delay notice asking for my consent. Under 16 C.F.R. Part 435, you were required to obtain my consent to a new date or promptly refund. Your own terms acknowledge the FTC Rules may require a refund or a new date. The ongoing “no refunds” stance conflicts with those rules.
Requested resolution (within 10 days)
(A) Ship now with a firm delivery date or (B) promptly refund to my original payment method. In addition, I seek restitution/interest and actual losses (itemized below).
Itemized losses (if applicable, attach receipts or documentation where possible)
• UCC Cover (CA Com. Code §§ 2712, 2715): Replacement/temporary phone price − contract price = $[ ]
• Incidental costs (Com. Code § 2715(1)): SIM/activation/transfer/expedited shipping = $[ ]
• Consequential losses (Com. Code § 2715(2)): missed gigs/dev testing/foreseeable business loss = $[ ]
• Prejudgment interest (Civ. Code § 3287(a)) on sums wrongfully withheld = $[ ]
Conference timing
Please propose 3 time slots for a phone/video conference within the next 14 days. Per Section 14, limitations and filing deadlines are tolled while we confer.
If unresolved after the informal period, I will proceed under the AAA Consumer Arbitration Rules (or small claims, where applicable) seeking injunctive relief and restitution (UCL) plus CLRA/contract/UCC remedies.
Attachments: proof of payment; order confirmation; screenshots/archives of ship window (Jan 2025 or H1 2025); support tickets; receipts.
Thank you,
[Your Name]
4) Easy AAA Arbitration Starter (after 45 days if unresolved even if you have received your phone but are unsatisfied with other resolutions)
Go to AAA’s Consumer Arbitration page; download the Consumer Demand form.
Include: your contact info; Solana Mobile’s contact; short facts; legal claims (FTC Rule violation via UCL “unlawful” prong; UCL “fraudulent/ unfair”; CLRA § 1770(a) misrepresentations; breach of contract/UCC); remedies (injunction, restitution, cover/incidental/consequential damages, interest). Remind me in 45 days if you need help with this. Ideally it wouldn't get to this step.
Attach: the Notice email you sent; terms excerpts; evidence.
Filing location: your home county (per terms). Hearings are often remote.
Fee: consumer pays a modest filing fee; the company generally bears the rest (thousands of dollars) under AAA consumer protocols. However, AAA also has processes for fee waivers if you are unable to afford the small fees. In California it is guaranteed, in other places they will usually accommodate due to court precedent on unconscionable fees for resolution.
Small claims option: You (or they) may choose small claims if eligible. Pick whichever is simpler for you (probably AAA).
5) “Menu” of Compensation You Can Claim (pick what applies)
Refund or ship now (FTC Rule).
UCC Cover difference (replacement phone − contract price).
Incidental costs: SIM, activation, number transfer, courier, extra month(s) on a stopgap plan.
Consequential losses (foreseeable & provable): missed gigs, delayed app testing, lost billable hours tied to not receiving the Seeker when promised. ANY BENEFIT THAT YOU MISS THAT ANYONE ELSE GETS BECAUSE YOU DIDN'T RECEIVE IN TIME. (i.e. If Seeker Season runs until December but the first weeks give you an advantage you can include losing out on that advantage even if you gained from the program later. The discrepancy is a loss.)
Prejudgment interest on deposits or prepayments wrongfully withheld.
UCL: restitution (return of money) + injunction (stop non‑compliant practices).
Note: UCL does not award damages/penalties to private plaintiffs; use it for restitution/injunction. Use CLRA/UCC/contract for money losses with receipts.
6) Why Laws Were Broken (one‑liners you can paste in any responses or to AAA if necessary)
FTC Rule broken: Missed implied ship date without individualized delay notice and consent or prompt refund. A tweet or a thousand tweets do not count as individualized delay notice. They had everyones emails and they even now are refusing refunds.
UCL (unlawful): Violating the FTC Rule is “unlawful” conduct the UCL can enforce via restitution + injunction.
UCL (fraudulent/unfair): A reasonable consumer is misled by dates publicly expected (“H1 2025”) while refusing refunds.
CLRA § 1770(a): misrepresenting when goods will be supplied; representing goods are supplied per earlier representations when they’re not.
Breach/UCC: Failure to deliver within the stated/implied time (or a reasonable time) triggers cover, incidental, consequential remedies.
7) Why California Law Reaches International Buyers
The contract chooses California law for “all matters arising out of or relating to this Agreement.”
EU/UK: Under Rome I, Article 6, consumers keep mandatory home‑country protections even when a foreign law is chosen—so you get CA law plus non‑waivable local rights (if such rights exist in your country).
8) Why Boilerplate Waivers Don’t Bar Your Claims
Civ. Code § 1668: Clauses excusing a party from responsibility for fraud or violations of law are void. -They clearly violated the law.
CLRA § 1751: Consumer waivers are unenforceable and void.
McGill v. Citibank: Cannot waive the right to seek public injunctive relief.
Williams v. Gerber: Disclaimers/fine print do not cure a misleading overall message to a reasonable consumer.
Riverisland: Fraud can be proven despite integration/no‑reliance clauses.
Civ. Code § 1657 / Com. Code § 2309: If timing is fuzzy, performance must occur in a reasonable time (adhesion contracts must be reasonable: § 1657.1).
9) Evidence Checklist (attach to Notice & arbitration)
Order number, payment receipts, wallet/transaction ID.
Screenshot from the Wayback Machine posted here showing “Jan 2025” or “H1 2025” expectation.
Any emails/tickets; also note lack of individualized delay notice.
Receipts for cover device, SIM/activation/transfer, courier, extra plan months.
Proof of consequential loss (calendar invites, invoices, client emails, release schedules, seeker season perks you missed out on (if applicable).
10) Quick Citations (short list):
FTC Rule: 16 C.F.R. Part 435 (delay notice + consent or refund).
CA UCL: Bus. & Prof. Code § 17200 (restitution + injunction).
CLRA: Civ. Code §§ 1750–1784 (esp. § 1751 anti‑waiver; § 1770(a) misreps; § 1782 notice).
UCC (CA): Com. Code §§ 2309 (reasonable time), 2712 (cover), 2715 (incidental/consequential).
Interest: Civ. Code § 3287(a).
No illegality waiver: Civ. Code § 1668.
Reasonableness in adhesion: Civ. Code § 1657.1.
Cases: Rose v. Bank of America (UCL borrows federal rules), McGill v. Citibank (public‑injunction not waivable), Williams v. Gerber (reasonable consumer), Riverisland (fraud despite integration), Tunkl/City of Santa Barbara (limits on exculpation).
11) How to use this kit:
Copy the Notice Email, fill in brackets, send to [email protected] (and mail if you want).
Calendar 45 days; save proof of sending and any responses.
If not resolved or responded to within 45 days, file AAA (or small claims). I will help you with this and provide a more detailed thread on this step if it becomes applicable. If no attempt to even settle in good faith then add breach of contract to the legal claims as they clearly state they WILL set up a meeting within 45 days and WILL negotiate in good faith. They chose tose words/obligations not you.
11) Share this thread to help others and hopefully get them to start doing better. The cost of fixing their mistakes now would be far less than thousands of arbitrations.
Lets finally say enough is enough from multi billion dollar Web3 companies acting like ethics, professionalism, customer service, transparency, and laws don't apply to them just because they are web3.
ADDITIONAL NOTE: Solana Labs has everything under one legal umbrella meaning that even if Mobile or Seeker went bankrupt the company never would because there are too many assets and projects under that umbrella. In short - because of how they are legally structured they cannot just call the Seeker a failure, bankrupt it, then claim no assets.
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This is the 1 minute chart for $TRUMP for the first 3 hours. Lets break it down.
First thing you should notice right away is the "ribbon" effect I talked about on the chart. This is not natural. This is pure manipulation by bots on a mass scale. There is no way that a candle (wick and body) for each minute can be of the same length every minute. That is basically saying human greed and fear among the massive amount of people was limited within this define amount every minute. I encourage you to compare this ribbon pattern with charts of your favorite coins and it becomes obvious this is not a natural pattern.
Again, this doesn't mean you cannot make money but understand what you are getting into.
Next, people shouldn't beat themselves up thinking they missed the biggest opportunity of their life.
You didn't really have a chance.
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