Fiverr Community Forum

Escalating Resolution: Do we have to litigate with Fiverr?

contact CS and ask them to cancel order, wait 24-48 hours for a reply. Upon you receiving $20 in Fiverr credit…order from someone else.

All those mumbo jumbo long paragraphs for just $20?

No serious lawyer will take you serious. According to your profile you are in the USA, Fiverr is in Israel, the seller is where ever. So it could be an international trial? all that for $20?

A judge will dismiss it on the spot.

1 Like

The subject of “agency” is a fascinating branch of U.S. law and there are a million books explaining this basic legal concept. Are sellers on fiverr an agent of the employer? Or are they independent contractors? I am not an agent of fiverr.

Simply paying this website for the hire of a seller does not make fiverr the employer of all the sellers here.

I doubt a lawyer would tell anyone they are able to sue fiverr for what a seller does.

2 Likes

If a lawyer told me to pursue a case like this I would be hitting the lawyer’s equivalent of the resolution center and cancelling any connections with them.

4 Likes

It would be like saying that since you used a VISA credit card to pay a seller you can sue VISA for the seller’s misconduct.

You are protected by getting a refund either from fiverr or from Paypal. I assume you read the Terms of Service of fiverr before you hired a seller. The fact that you went ahead and hired a seller means that you agreed to those terms.

3 Likes

Marketing today can bring big profits with little effort. For example, a social media post that can cost as low as $5 to make can bring in hundreds of thousands of dollars in profit. So, clearly, the ramifications of a late delivery CAN be much more significant than the initial investment. Therefore, I believe, the sum paid for the service would not be a huge factor in court (NOTE: I’m not a law expert)

I think a way to resolve this is to actually make the timer work after agreeing to a revision. The time extension can be agreed upon beforehand between the buyer and the seller or be a fixed number for all orders.

As it currently is, it creates space for abuse by sellers. Instead of asking for an extension, we can simply deliver a half-assed product and expect the buyer to hit the “request a revision” button, which they will inevitably do most of the time, and then we can put off the final delivery until the end of time.

What if your seller has died?

Sorry but I find this thread very foolish, Quit the pretense. Because of the costs involved, even the biggest companies choose to mediate and settle differences outside of the courtroom unless there is a lot of money on the line. This being the case, by the time you actually find a lawyer, they are going to laugh you out of the window the minute you say that you have come to them to seek compensation for a $20 loss.

Don’t try to sound big when anyone with a magnifying glass can see that you are a mouse in world of giants.

If you are a reseller of services, you have already misrepresented yourself to your end client in regard to who is actually supplying their work, This being the case, even if you are ‘Internet Media Experts International,’ the only thing you have to gain from actual litigation proceedings is exposure of the fact that you are a shell middle person who has routinely outsourced all your existing clients work to the cheapest place possible on the Internet.

You are not wrong to feel frustrated. You are wrong, however, in regard to your thinking that you could take this matter any higher than the judicial level of a Judge Judy repeat.

4 Likes

I like to think that courts make rulings based on evidence and fact, not on the potential butterfly effect of one small component of a low cost marketing campaign.

Sure, Fiverr could introduce this feature to ensure that this kind of thing cannot happen but it is the first instance of this I have heard about - lots of more important things to be done. A never-ending order is no use to a seller, so why would they do it? Besides, ToS already allows for this in that if a seller is not communicating then the buyer can go to CS to complain. It seems like the OP has this option but is seeking the order to be completed rather than the order to be cancelled.
Fiverr cannot make that happen. Even a court cannot make that happen. The most they could do is jail the seller for disobeying a court order if they didn’t complete it. The order would still not be complete…

1 Like

You can only sue for recovery of the actual amount that was paid, not for potential earnings etc. so in this case, it would be $20. As cancellation and return of the $20 is possible, there’s no point in taking legal action.

Agree with you on this - it all goes a bit woolly as to what happens after a revision is requested and not completed, but as @cyrarex has quite rightly pointed out, something dreadful could have happened to the seller (fingers crossed this isn’t the case), but life can get in the way of stuff sometimes.

Everything comes down to the dollar amount of sale and the loss. And no lawyer will bother to discuss a $20 matter. So it ends right there. There are no terrible monetary consequences.

2 Likes

To buy time? It’s easier than filing a dispute request and also covert because the buyer doesn’t know that they’ve agreed to an indefinite extension (which, in addition, can end with a cancellation and the inability of leaving a review).

As I said, I’m no law expert, but I wouldn’t be too sure about that. There are many variables that are considered when calculating compensation. Think of the many cases of wrongful incarceration and the millions that go to the victims…

Well, mostly customer support sorted the problem out. Even in my cases they have always been very responsive. You often get response within 24 hours.

In this site’s case, you would need to refer to the Disclaimer of Warranties and Limitation of Liability sections of the ToS. Also, your example refers to an action a government has taken, as opposed to Fiverr which is commercial in nature. :slight_smile: (I’m no legal expert or source of advice either.)

When searching for something completely different this morning, I stumbled over a quite interesting article about ‘modern justice systems’ by big internet players which increasingly replace the traditional governmental justice systems, and it even has a Fiverr ‘case’ as the plug.

Seeing that the discussion now has revealed the price tag we´re talking about, here a quote from said article…

It’s likely, however, that the costs of the litigation will exceed your losses — and even more likely that it will take years to resolve the case.

(https://curatingthefuture.com/2015/10/25/fiverr_dispute_justice_systems/)

5 Likes

Really interesting link Miiila, thanks

It is sad to post that I just had a similar experience on Fiverr. Looks like Fiverr has not addressed this issue since 2017! We had a seller that was supposed to shoot short unedited videos following our instructions with our products but the seller just kept on delaying. We extended the deadlines three times! When we finally went to the resolution center, the seller was still leading us on telling us she will deliver the videos. She was just doing it so the timer kicks in when Fiverr cancelled the gig. When we contacted Fiverr, they said they can’t do anything. We can’t leave a review for bad sellers whose intention was not to deliver. If she had told us she didn’t want to do it, we would still had time to look for alternative. This is the first time we had a bad experience on Fiverr and their customer service was not very helpful!