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  • Oooh, we may get sued for this one. (LONG)

    OK, LOOOONG convoluted story here.


    The client from http://www.customerssuck.com/board/s...ad.php?t=66233 and http://www.customerssuck.com/board/s...ad.php?t=65632 caused some MAJOR trouble last week.

    My coder, who I'll call "Mervin", was out getting dinner when he was told that his PayPal card was declined. Surprised, Mervin hauled home to find out what was going on...found out that a payment from the client had been reversed.

    Our contract states that if a client reverses payment, we have the right to remove all of our copyrighted material until the matter is resolved. AKA....his entire website.

    Boom. We stripped his site, and notified him that until we got our money back, his site would be down. In case he was ignoring our emails, we even left a nice message on his homepage of "<client> has reversed his payments to us, as a part of the contract, his site has been removed until the situation is rectified."

    He gets ahold of us, absolutely RAGING that we would do such a thing. I calmly pointed out that he was in the wrong, we had completed all of our work for him, weeks ago actually, and to suddenly reverse payments a month after the fact would not save him from his contract he accepted.

    He demanded we put back up the site, as he is losing money every minute it is down. I told him no, until he removed the reversal from the Paypal payment, he would most definitely not have his site. Oh, well he did that because a month ago he emailed us about some bugs. We hadn't replied in 3 weeks, so he figured that meant we were in violation.

    ...Wait, what?

    We checked our emails, had absolutely nothing from him. I asked him why, in god's name, if we hadn't replied in 3 weeks....he didn't simply IM me and ask if we'd gotten the email.

    RAWR RAWR ITS NOT HIS FAULT, ITS OUR FAULT FOR NOT GETTING IT.

    Suuure it is, pal. Ok, still not getting your site back until you give my coder the money back.

    RAWR RAWR THIS IS BLACKMAIL

    No, no it isn't. You violated your contract, and because of one tiny bug, which is possible, even though we tested for bugs and found none...you decided to violate the contract in a BIG way. That, was boneheaded.

    Eventually he did release the hold, and I had Mervin pop the site right back on up. Mervin went further in to check on the bug, and discovered that our client was not paying attention to the character limit on a text field, and trying to go beyond it. So...not a bug. Just client trying to break the laws of the site.

    I guess that wasn't all though...I haven't posted about them, but several times beforehand, this same client has ordered items, and received them....and then held my money hostage. Mervin also works as a freelancer coder, so our client would tell Mervin that I wasn't getting paid for my (unrelated) stuff, until Mervin finished his work for him. Honestly, thats illegal, as Mervin is a separate company, but I guess our client didn't care. Mervin, in an attempt to try and save me as much stress, would do the work super fast, to try and make sure he paid me for my work. It was wrong, and honestly, we sorta fed his SCness by allowing this.

    So...with that, and this recent incident, Mervin was sick of it. He went onto a major forum that is frequented by almost everyone in that industry, and posted about what happened. He noted in the post that it was his opinion that our client was untrustworthy, and that it was a poor reflection onto how the site would perform.

    Our client, again, went psycho. He posted some screenshots of chats with us....that had been altered to include some rather horrible stuff. Mostly, it was stuff that Mervin supposedly said about me. Funnily enough, the altered parts were in no way similar to how Mervin talks, and said some things that I personally know he would never say in a million years. So, obviously bad fakes.

    They pretty much duked it out on the forum, until I told Mervin to cut it out, give them some rope, let them hang themselves with it...which they promptly proceeded to do, and in style.

    First, our client accused us of delivering the site MONTHS after he ordered it.

    He ordered the site in the beginning of June, and told us he wanted to start the project in July. I said that was ok, and informed him I would take on other projects in the meantime. Suddenly a week later he popped up with all the money, and demanded we start on the project. I said sure, but that he needed to understand we were working on other things...he said ok. So, the original deadline was end of July...we had it finished before the end of June. Well before deadline.

    Second accusation was that we stole the design from someone else.

    What? When asked to provide said original site, he could come up with nothing. Not surprising, considering he watched me make the site from a blank canvas. :P

    Third accusation was that the site was RIDDLED with bugs.

    Yes, bugs caused by his trying to break the database rules by putting things in where they should not go.


    Well, we've been documenting all this, and all in all, we have a pretty darn good case of libel against him right now. But, we don't have the money for a lawyer, so we figured we'd let it lie for now. Right?

    Day before yesterday, I got an IM asking how I was going to deal with the suit. What suit? Wha?

    Turns out client has changed his AIM status to "speaking with my attorney, gonna open up a case of slander against someone!" And yes, he meant us. As he told some people on his site. :P

    So yeah, he's apparently revving up to sue us. Should be interesting, considering we have his contract he agreed to, documentation of HIS libel, and several of his OWN site members who have agreed to swear in statements against him. Oh, and did I mention a ton of the major companies in that industry, several of which his site relies on to work...have told us that if he does try to sue us, they will provide us any assistance we need?

    He's already screwed if he tries to go through with it. I sorta hope he does, because we could counter back and win damages.



    ...I hope I made some semblance of sense. XD
    Last edited by Seraph; 08-02-2010, 05:08 PM.
    By popular request....I am now officially the Enemy of Normalcy.

    "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

  • #2
    ...I hope I made some semblance of sense.
    yes, I understood perfectly....gah, what a douchebag. Maybe he's just blowing hot air about the suit, hoping you would tell him, "oh no, we don't want to go to trial. Here, let's give you the work for free."
    Time! Time! Time is what turns kittens into cats.

    Don't teach me a lesson; all I learn is that you are an asshole.

    I wish porn had subtitles.

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    • #3
      Go to trial, turn over all the evidence that shows him being a complete raging shitbag, and ask for punitive damages. Please. Karma wants her time with the moron.

      Comment


      • #4
        All I can a say is...

        That's insane... I hope it all works out for you. I can't imagine a lawyer even taking the case if they could figure out it would be an automatic loss.

        Er... nevermind, they still get paid either way.
        There had to be DUMB in the water today. - Summerfly413

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        • #5
          Well it's all rather surreal, but that has more to do with the client than with your story-telling. Is he actually likely to sue, or do you think that the status was just to scare you?

          Comment


          • #6
            Quoth AtDIelement View Post
            All I can a say is...

            That's insane... I hope it all works out for you. I can't imagine a lawyer even taking the case if they could figure out it would be an automatic loss.

            Er... nevermind, they still get paid either way.
            No case is an automatic loss. Even the most open and shut case can still be gotten out of if the lawyer makes the right arguments.
            "If we refund your money, give you a free replacement and shoot the manager, then will you be happy?" - sign seen in a restaurant

            Comment


            • #7
              Quoth Salted Grump View Post
              Go to trial, turn over all the evidence that shows him being a complete raging shitbag, and ask for punitive damages. Please. Karma wants her time with the moron.
              I'd say that Karma is going to hit the client with a steamroller, but it just seems insufficient. Solar nova collision, now we're getting close.
              I AM the evil bastard!
              A+ Certified IT Technician

              Comment


              • #8
                Quoth Magpie View Post
                Is he actually likely to sue, or do you think that the status was just to scare you?
                I don't know. I would've thought it was just to scare us, but from what I've heard through the grapevine, he really DID contact an attorney. I'm keeping my ears perked for more info.

                I got a few PMs, and I'd like to clarify some things. While it was possibly not the best idea to post publically about him...there's a thing about that in this industry. In this particular industry, an owner's ethics are a HUGE gauge on how a site performs. Poor ethics, and users are most likely to be scammed. I've been around it for almost five years, and its never changed. Someone who scams their designer almost ALWAYS scams their users.

                I'd also like to note that something I left out was the fact he posted publically first. We got a few emails from our clients, asking about our terms of use. They each brought up a very specific part, and when I asked why so many were asking, they said "Oh, <client> is going around, to each of your customers, and demanding to know what our opinions are on this part. And, he is asking if we all paid a branding fee for <item>"

                So he was going around causing trouble first. That specific part of the contract basically said that a design is only to be used on that site, and cannot be resold. (Resale rights to a design are SERIOUSLY expensive. Like, thousands expensive.) Client was super pissed about the fact that he only spent a few hundred on his site, and couldn't just go do whatever he wanted with it.

                While two wrongs almost never make a right....Mervin felt that due to how unethical our client is acting...its quite a possibility that he will scam his site members. (We've already heard some bad reports from a couple)

                As I mentioned beforehand, he's reaaalllly got it coming to him. We were contacted today by someone who tracked down an IP of someone who was spamming his site's forum and chatbox with "this site is a scam!!!"....to our client. Another person last night told us that he had caught our client cursing at some people on his own site.

                So yeah, pretty much, the poop is about to hit the fan for our client. Seems like every day, more and more people are emailing us, telling us about something else they caught him doing to try and sabotage their sites.
                By popular request....I am now officially the Enemy of Normalcy.

                "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

                Comment


                • #9
                  Waiting patiently for updates.......


                  Mike
                  Meow.........

                  Comment


                  • #10

                    I really hope this doesn't dig you in anywhere where you can't get out of, reputation-wise. It probably won't, but you can never tell. Who knows? Maybe this time you'll actually get paid when you ought (due to settlement/court pay-out, if it goes to court and the judge doesn't tell both parties to chill and dismiss the case... which I can't see, but what do I know?).
                    "Is it the lie that keeps you sane? Is this the lie that keeps you sane?What is it?Can it be?Ought it to exist?"
                    "...and may it be that I cleave to the ugly truth, rather than the beautiful lie..."

                    Comment


                    • #11
                      Me too.

                      I admit.. im a design nooblet, but even I can see that he has no case. And hes an ass. Hes sabotaging himself by doing what he's doing. I dont know that a lawyer would take his case, but he can still take you to small claims.

                      Just remember, anyone can sue you. Doesnt mean theyll get a damn thing though.

                      Keep hope alive...and keep us updated. Lol.

                      Comment


                      • #12
                        Man sounds like your client is just digging himself deeper. I can't wait to hear about your dumping all the shit that he did on him at the trial, if there is one. And can I guess that he is no longer going to be a client of yours soon?
                        Better to remain silent and be thought a fool than to speak out and remove all doubt.

                        Comment


                        • #13
                          You know, if you wanted to sue him, you might want to check out your local small claims courts. I had a small claims case one time, and it didn't require a lawyer (though you can choose to have one, it didn't really seem to make a difference that my opponent had one while I didn't), so the only fee was the small fee to file. I don't know that small claims courts take slander/libel cases, and the payout if you won would be limited to whatever their maximum is (mine is five thousand) plus your fee for filing the case, but it might be worth at least taking the time to research it on your county's website.

                          Comment


                          • #14
                            Quoth CrazedClerkthe2nd View Post
                            No case is an automatic loss. Even the most open and shut case can still be gotten out of if the lawyer makes the right arguments.
                            No case that goes to trial is an automatic loss. Getting there takes jumping a few hurdles, depending on the laws of the region. You have to show some merit in your case. Generally it is not as simple as 1)find lawyer 2) file suit 3) have day in court. The courts frown upon people who waste their time.

                            It can be quite easy to find a lawyer to take the case, but there's quite a gap between 'taking the case before a judge' and 'taking the case to get access to the client's wallet'.

                            In this case, a lawyer would probably be delighted to chat with Seraph's idiot client - he would get to charge an hourly fee to look over contracts, examine emails, study timelines, before delivering his professional opinion that no, you have no case, and by the way, here is a bill for several hundred dollars, payable immediately, no sorry, I don't take paypal, credit card, or any other reversible form of payment.

                            Lawyers can be disbarred (debarred? unbarred? whatever) for bringing meritless cases. It doesn't happen often, but when it does, it usually spells the end of a career, so they tend to avoid the obvious pitfalls.

                            That doesn't mean they won't play games with legal sounding threats and letters. The worse your hand, the bigger the bluff.

                            Comment


                            • #15
                              *Passes out popcorn while waiting for update*

                              Quoth lordlundar View Post
                              I'd say that Karma is going to hit the client with a steamroller, but it just seems insufficient. Solar nova collision, now we're getting close.
                              I'll see your solar nova collision and raise you a black hole, plus accretion disk for good measure.
                              Happiness is the exercise of vital powers along lines of excellence in a life affording you scope.

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