EDIT: I never mentioned the word or term.. 'con'. They are certainly using a technicality to overcome a certain dimension of consumer law, but in my view it wouldn't stand up in court. So forget the 'con' bit. Fact is, you agreed to their terms when you pressed 'pay now' or whatever the medium was.
Just seen your edit.
No I don't think it's a con or a scam, I just think they tried & it hasn't worked out, or isn't going to. In order for the LEP to make sense I'm expecting something like 3-4 full sized premium expansions, and at this late stage of development I think we'll be lucky to see one 'full sized' premium expansion. I'm not waiting to see what it is before deciding I don't want it, I'll almost certainly buy any future expansions anyway. But that trust Frontier engendered in 2015 has been mostly lost, there is no longer a reasonable expectation that my 2015 LEP purchase will come good within the anticipated lifetime of the game.
I find it a bit frustrating that people think I am bitter over this, I'm not. It is a sticking point though, and it can be solved by good communication or (for me at least) just returning that extra money.