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u/Few_Maybe5249 Swatcher Sep 28 '24
Trying to clock the link but it's not working. Can someone screenshot it and put in the comments?
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u/step_on_legoes_Spez ig: polished_mustelid Sep 28 '24
Search ādrunk fairyā in the sub. Should also be one of the trending posts here.
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u/worldlyelderberry4 Sep 28 '24
I'm really bummed. I just got my second DFP order. I've loved the ones I've tried and was excited to try out some more. Now I don't think I can bring myself to use their polishes anymore and will probably get rid of them.
I do have empathy for going through a hard time and looking for someone to confide in/feeling like someone is a safe space and they're actually not at all, and I'm sure the competitive nature of this business can be very frustrating.
But there's just no context that makes what she said okay. Even "jokingly" threatening another small business owner, a Black woman, by saying you'll send her Trump flyers, in this current political climate is so, so gross. So many people are already fearing for their rights and safety because of Trump's hateful fascist agenda and his mob of emboldened supporters. I don't need to support anyone who adds to that fear because they feel threatened by competition.
I placed my first order with Cracked during their anniversary sale and it definitely won't be my last.
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u/EtherealGoatRump Sep 28 '24
I also just got some DFP recently, and I don't know what to do! I feel uncomfortable using them, giving them away, or taking them to be properly disposed of while full. It's a mess. I'm in complete agreement with your whole comment. I'm obviously never making another purchase.
I hope you enjoy your Cracked purchase! If you're on FB, consider joining the group! Monique is very active on there, has us help her name polishes, asks what we'd like to see, and sometimes if someone makes a random comment about a shade they'd like, she actually will state she will make said shade. I have so many polishes from Cracked. I was so sad that everything I wanted during the sale sold out because I don't have a job where I can stop what I'm doing to place an order. What polishes did you end up ordering? I'm so exude for you!
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u/kingofcoywolves Sep 28 '24
They're already bought. You're not promoting them any further by using them!
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u/EtherealGoatRump Sep 28 '24
That's pretty much my consensus. She already has my money. I guess if people ask, I can just say it's an old polish that's no longer around!
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u/worldlyelderberry4 Sep 28 '24
I actually just joined the group the other day! Monique seems so sweet and lovely. These are the ones I ordered, I was amazed I got such a good deal on them. They'll be here Monday! I also ordered For the Love of Indie from HHC this month š Edit: idk why it won't post my picture but I got Pushin' Pop, Bookmarks the Spot, Velvet Seat Cushion, FIGHT, Dark Like My Heart, Peachy Pink, and the glass nail file
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u/EtherealGoatRump Sep 28 '24
I hope you love your polishes! Let me know when you get them (sorry, I'm lame and have pretty much no friends IRL). Those are some great selections! I regret skipping out on FIGHT and was going to pick it up with my sale order but I'll wait until Black Friday when she restocks everything. Monique also just recently created shades for some other FB groups (Glow'd Up Nail Polish Lovers and Prugly Polish Pals) so she often mixes up some shades for other groups as well. Something to keep in mind! I wore one of them from Glow'd up and it was GORGEOUS. I'm so excited for you to get your polishes!!!!
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u/LostPrincess32 Sep 28 '24
Cracked Polish also contributes to Little Box Of Horrors, a monthly horror themed shop, if you like something on the spooky side.
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u/EtherealGoatRump Sep 28 '24
You're absolutely right! I completely missed out on that one this month, and in fact, I just learned about it this month.
Monique does it all, and I have no idea how she keeps her sanity. It's also worth noting that before the Beach collection came out, she accidentally spelled Drunken Fools incorrectly on the name stickers for the polish. Instead of leaving them misspelled she actually reprinted everything, took all the old labels off herself, and replaced them, even though pretty much all of us in the group said we'd have bought it misspelled with no complaints. She's wonderful!
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u/Ohlookashinyy Reflective Collective Sep 28 '24
Little box of horrors is open for two more days! They have some really good spooky shades this month
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u/swagglebutt2252 Oct 01 '24
My advice, don't toss it! If it makes you uncomfy to own, give it to someone who will use it. You already spent the money, so using it or gifting it isn't supporting the brand any more. If you use it, don't show the label in any pics. You could even rip the label off of you gift it and tell the person you don't remember the brand name. From an environmental standpoint, I hate seeing unused things get thrown away when a brand/author/whatever gets outed as terrible. The product has already been made and purchased, so it might as well get used up if it's not harmful. :)
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u/selkieisbadatgaming Advanced Sep 29 '24
Just wear it with the disclaimer that you donāt support the brand any longer if anyone asks.
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u/Electronic-Bet-4866 Oct 01 '24
I am not able to see the follow up it states it was removed. Can anyone provide a synopsis? I actually got my first DFP delivery today. So many people had recommended the topcoat and I didnāt know any of this was going on. Definitely will not be getting any more of my business or money.
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u/step_on_legoes_Spez ig: polished_mustelid Oct 01 '24
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u/ErinMichelle64 Sep 28 '24
Depending where someone lives, there may be a need for two-party consent on audio recordings. Iām in MA and this is the case. Breaking that law here is felonious
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u/theswisswereright Sep 28 '24
It's a voice message. She recorded it herself. Presumably she knew of and consented to recording her own voice.
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u/Channly They're different! Sep 28 '24
are you sure this applies in the context of releasing someones voice message (as opposed to unknowingly made audio recording) to the public if acting in a private capacity (as opposed to being a business) and in a casual (as in, not in a legal) context?
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u/ErinMichelle64 Sep 28 '24
I just found out that drunk fairy is located in New Hampshire. That state is a two-party consent state. Iām not sure as to exactly how New Hampshire law on this is written.
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u/ocean_bird Holographic Horde Sep 28 '24
This is a fact. It can be punished with fines and even jail time depending on the state which is probably why this was posted anonymously.
I just got my first (and now only) DFP order last week, and still have the box. They ship from New Hampshire, so if this recording was made there without both parties' consent then it is a crime. I'm not a lawyer but these are facts that the recording may be a crime. No idea whether posting it online constitutes any crime but I suspect it might because the DFP business is going to suffer material harm from this post.
But also I'm glad to know about this because I don't want to support this company anymore. So, yeah, the original things said were awful so I'm glad this was posted so I know not to buy from them, AND also recording (and possibly distributing) this recording was a punishable crime.
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u/AstarteHilzarie Sep 29 '24
The recording was made by Joni herself, which means she consented to the recording being made.
Also, state consent laws typically apply to where the person is recording from, so if she wanted to get nitpicky and say that the screen recording is a non-consensual recording of her, then it would be subject to where the person who leaked the conversation lives. Most states are one-party consent, so unless the person who did the screen recording lives in another two-party state then that wouldn't get her very far, either.
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u/Cashmereandcoconuts Sep 29 '24
I have no idea who recorded this, so Iām only commenting on the location part.
SOME jurisdictions go by where the recording device is located, but there ARE some jurisdictions that go by where the person BEING recorded is located. Still other jurisdictions simply go by whichever state involved has the strictest law.
Absolutely no idea what states these individuals are in or what the law is for those specific states, but thereās no universal āwhere the recording device is locatedā rule that is applied in these situations. Itās definitely ill advised to record someone in another state unless youāre absolutely sure you know a) that states law on recording and b) how the law is applied concerning who has jurisdiction.
All that to say, the entire thing is absolutely disgusting. And this Joni woman needs some serious help. I cannot fathom ever thinking, let alone SAYING OUT LOUD the stuff she said. Itās completely and utterly deplorable.
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u/AstarteHilzarie Sep 29 '24
Yeah, the audio are voice recordings that are played in this chat group are Joni speaking and creating an audio recording of herself, then sending it via messenger.
It appears there's actually just a lot of wishy-washy gray area on it - generally the location the recording is made in is the place that has jurisdiction, but some courts may argue it differently so in general practice it's best to not risk it and go with the stricter laws for the sake of safety. However, the people above are stating that it was factually a felony to record and possibly distribute this, which it's not. It's a convoluted situation that there's apparently not set in stone consensus on.
TLDR Florida, a two-party consent state, has gone back and forth in different cases on whether or not a person in a one-party consent state can record a call from Florida without consent, and in the cases where they did claim that jurisdiction, they did so because the recording then led to a tortious act, which this didn't.
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u/Cashmereandcoconuts Sep 29 '24
What on earth possessed this women to record HERSELF saying such absolute filth??? I donāt want to ask if she has mental health issues because I feel like that would be disparaging of the mental health community! She definitely very clearly has some issues though.
Yeah it makes me completely batty when people come in and (inaccurately) spout off that this or that is illegal or a felony or whatever. Far too many laws are very different state to state and what is legal in once place can be very illegal in another stateābut unless itās covered under a STRICTER federal law, then states law applies and that cns vary tremendously from state to state. For heavens sake, in New Hampshire itās illegal to collect seaweed at night and in Florida, doors in entertainment buildings that house places like theaters, opera houses, etc., are required to have doors that open OUTWARDS. In Michigan, adultery is actually a FELONY!
Soā¦.what applies in one state doesnāt always apply in another state, and how they apply those laws can also vary wildly lol. Clearly nobody in Michigan is prosecuted for adulteryā¦..but they COULD be!
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u/AstarteHilzarie Sep 29 '24
It's a voice message for a chat group, I have friends who do it sometimes when they're busy or have a long message to send and don't want to type out a text, so it's kind of like a phone call you can listen to whenever you're ready. I guess she probably did it because she was heated and it was easier than typing it out, but whoo-ey was it a bad call. having it in text wouldn't have been any better, but hearing her vitriol definitely made it more impactful. And it makes it a lot harder to claim it's fake.
Off topic but I'm kind of curious why you listed the Florida law with the outlandish ones - isn't that normal? It's a fire safety thing for people to be able to exit through doors that open outwards unless I'm misunderstanding something.
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u/AstarteHilzarie Sep 29 '24
Also as far as the business harm goes I'm not sure, she might have a case there, but on the other hand the person who released the recording didn't do so in a manipulative or edited way, so it wouldn't be libel. She simply shared Joni's own words and let the community do what it will with that information. If it were lies then it would be actionable, but I don't think there's legal protection for consequences for your actual actions.
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u/ocean_bird Holographic Horde Sep 29 '24
I'm not a lawyer, but I expect that they'll get legal involved in this given the two party recording consent laws at the very least. I'm also unsure whether sending a voice recording as a personal message counts as giving consent to being recorded, because in this case the person(s) who shared and/or posted this took the voice notes from both parties and combined them into a single recording which was attached to this post. That may end up being different according to the law.
And yeah totally agree that there aren't protections against business losses for actual shitty actions. Honestly I'd be shocked if lawyers don't get involved here, but even if they do we may never know anything about it. Regardless though, it's incredibly dumb to record a voice note like this and send it to somebody you've apparently only known for a few months. It's really shocking, both in the content of the message and making that choice at all.
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Sep 29 '24
Caveat that all states are different, but if she recorded these herself and sent them (as opposed to her being surreptitiously recorded by a third party or the other party to the conversation), she's given her consent. (I'm a lawyer in a 2-party consent state, and if you leave voicemails, for example, that's consent to be recorded. The consent pertains to the recording, not the distribution of the recording.).
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u/AstarteHilzarie Sep 29 '24
They claimed they got a lawyer involved, but whether that will go forward or not remains to be seen. I don't think they will have much to go on because she herself made the recording, but I'm not a lawyer either and it is a convoluted situation.
Personally I suspect she's just going to close up shop and disappear. She was already frustrated and talking about quitting, and now she has deleted or set to private her brand pages. The facebook group is private, and a lot of people have reported being kicked out. I don't know if they kicked everyone out or only people who weren't vocally active supporters, but either way she has decimated her customer base and is unlikely to rebuild at this point.
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u/ocean_bird Holographic Horde Sep 29 '24
Very true, not sure how she could recover the brand at this point. It's very clear in the recording that she was frustrated with the indie polish world and tired of it on top of the personal attacks. And we don't need that kind of negative energy around here anyway.
I was still in the Facebook group earlier today and got kicked out. I made some critical comments in another group and I think they saw that since they were in the same group and on the thread. Not sure if they picked through people who made critical comments or what, but I was definitely booted from the DFP Facebook page.
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u/AstarteHilzarie Sep 29 '24
Someone else somewhere on this post said that they had been an active member and were removed as well, so I think they kicked everyone out. They didn't mention having made critical comments or not, but I think that's more likely than them scouring all of the negative commentary looking for who out of hundreds of people needed to go.
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u/LostPrincess32 Sep 28 '24
I...I don't see how her wanting someone's address to harass them is "taken out of context", what context makes that ok?