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Actually I don't think he is doing anything unethical if I'm reading this right because he stipulates the delay up front. The FTC's site says:
believing you can ship within 30 days of receipt of an order -- if you make no shipment representation or if the shipment representation is not clear and conspicuous.
I bolded the part that pertains to Jack. It's pretty clear on his site that there is a long wait:
PLEASE NOTE: SOME ORDERS CAN TAKE 8 TO 12 WEEKS. SOME ORDERS WILL BE MUCH LESS. WE WILL NOT GIVE REFUNDS BASED ON THE WAIT PERIOD. YOU WILL GET WHAT YOU BUY.
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FYI At the time I made my purchase, there was no such disclaimer on his website. AND, I was explicitly told my unit would ship within 4 weeks.
I think it will be interesting to see what the FTC has to say. Really, their interpretation of this situation is the ONLY one that's relevant.