Fiverr Forum

I want to sue a buyer


#1

Long story short:

  1. Buyer requested a vocal project. I delivered. He “disliked” the product so I sent him a revision, he said he loved it… Yet kept requesting revisions.

  2. I kept giving him revisions to the point where he said “I’m so happy with this, I just need…blabla” I told him to contact support because he was abusing the revision button as I had delivered extra work for him (I’m a new seller). I set my revision max to 5… he took 9.

  3. I contact fiverr support on my own end to inform them, where they essentially told me “Yea, we see you did everything correctly, and we don’t cancel orders based on opinion of the product. So… You can deliver revisions or wait till it’s marked as completed. Be prepared for a poor review.”

  4. I keep redelivering the work. He harasses me, calls me names, etc etc… then disappears.

  5. The order is marked as complete and Fiverr support contacts me on their behalf to explain that the buyer has requested a partial refund. I tell them no, as their way of refunding buyers is to cancel the original order and offer NO protection to the seller. Bottom line, I told them no.

  6. They continue emailing me to “work towards” a refund with the buyer. Again, I tell them no. And eventually stop responding to their emails.

  7. I woke up this morning to a cancelled order, and a COMPLETE refund to the fraudulent buyer. I’m patiently waiting for him to post my work to his website so I can sue him, or sue Fiverr (doubtful) for breaking their own policies and completely ****** me over. I am beyond pissed.

Does anyone know what to do in this situation? I already sent Fiverr support detailed messages of the entire thing where the buyer abuses and harasses me, but I doubt they give a shit because they want to make buyers happy.

What’s up?

Thanks,
Adam

Mod Note: Inappropriate language removed


#2

Hi there, sorry you had to deal with this piece of garbage.
I’m afraid you can’t do much at this point, I think waiting for the idiot to post your stuff online is the best choice. I don’t think you can sue Fiverr. You can try, but I think it’s just gonna stress you out.

I know this isn’t going to make you feel better, but in and outside Fiverr we all run into sh*tty people like this. It’s hard to avoid them, they just pop up every now and then.

Go out and get a drink with your buddies. Rant and vent. Drink some more.
Go home, take a shower, and start working again with a clear mind.

Sh*t happens, just wash it off and move on. The more you think about this buyer, that means this dude is holding a “special” place in your heart. I’m sure you won’t want that guy living in your head!!!


#3

Thanks so much for the response Zeus. The project was a $155 project and took about 20 hours of my time. It really should’ve only taken 10 hours of my time, but as a new Fiverr seller I had no idea of fraudulent people such as this guy… and did everything I could to satisfy him.

Is there really nothing I can do? If the buyer goes on to use my work, what should I do then? Small claims court and sue for damages?

Thanks,
Adam


#4

I’m afraid, realistically there’s only you getting a bit of revenge by pissing him off via a DMCA takedown notice. That is, if he posts your work.


#5

Adam, I know you are upset, but there are no easy choices here. Don’t do anything rash that would get you sent out of Fiverr. Trust me, Fiverr is a wonderful earning opportunity from the long-term perspective. You may hate this advice, but just forget about this incident and move on. You will make much more than this $155 here. All the best.


#6

//Off Topic//

Adam,

I just checked out your gigs and

WOW

You are extremely talented, love your voice and guitar!

Good news and bad news: When you’re that talented, you will attract Great Buyers and Crappy Buyers all at the same time. It’s hard to tell them apart until you start working with them.

Humm, I wish, I wish, I wish there was something I could get recorded from you. :blush::blush:


#7

You say you doubt they wil do something, so I suppose you didn´t get a final reply yet, there are cases where they counterclaimed PayPal charges and refunded the sellers and they ban buyers’ accounts in harassment cases, so it certainly makes sense to provide them with every related info like you did and might still get, also get back to them, if/when you find the buyer will use your delivery.

Generally I also think everyone who commented before is right, there are people like that everywhere and it´s just a question of time until you have to deal with one of them or you need to be very lucky, but there are lots of great and fair buyers on here like Gina, and you probably have to write the bad ones off as ‘cost of business’ (if you have or know an accounting stuff savvy person, do ask them if you can actually write it off somehow!), you´ll also develop a bit of a ‘premonition sense’ maybe and will be able to avoid a few bad experiences by either not taking orders of some people or cancelling early so you won´t lose that much. But still, it can happen. Sucks, yes.

To add to what idostuff said - it´s possible that your buyer is a reseller, so take that into account, if/when you find your material used to decide what to do or how to address the person you might email about it ;).


#8

DMCA takedown notice and cease and desist letter if they publish your work online without your permission. If they try and post it again you can take it to court and file an injunction. Link for DMCA through Google: https://support.google.com/legal/troubleshooter/1114905?hl=en.

However, I don’t think you’ll have to go that far. No one wants to get sued and have a 99.9% of losing (ie. an online history and Fiverr’s TOS that they agreed to) especially when the provides a range from $200 up to $150,000 for each work infringed. It’s a federal law. If they lose they are legally obligated to pay your attorney and court fees. Copyright is taken very seriously.

If they do publish your work, don’t forget to contact CS with screenshots/links/etc. Going against Fiverr’s TOS––essentially stealing work they didn’t buy (ie. canceled the order) is a clear violation. They could get banned.


#9

I feel your pain! I recently considered bringing criminal charges against a buyer. Some people are just horrible.

I like thepromogirl’s suggestion – if and when the buyer uses your work, start with a takedown order and inform Fiverr that he should be banned for his theft. I’m going to go against the crowd by saying that maybe you should also sue, though.

The reason these people can continue to operate is that there are so seldom any real consequences for their actions. If he simply takes down your stolen work and replaces it with some other stolen work, and goes dancing off to scam again, isn’t that an injury to his future targets? If scammers never pay a price, they have no reason not to continue scamming.

Once you’ve had a few days to calm down, you may no longer be interested in the huge hassle of a lawsuit. That depends on what sort of person you are. Is it going to bother you that this jerk got away with it? If so, it’s important to your own mental health to at least try to hold him accountable. It stinks to try for justice and not get it, but for some people it’s even worse to know that they didn’t even try.

Good luck recovering, either way.


#10

Since cs said that you delivered and they don’t cancel if someone simply doesn’t like it I don’t see why they went ahead and cancelled it.

If the buyer was harassing and abusing you you could send them screenshots of that conversation. But generally they will not cancel an order if you tried hard to do it well, as you did, and the buyer doesn’t like it.


#11

Right?!? Firstly, thank you everyone for the comments and words of advice (a few of you have offered me more emotional help/guidance than any paid CS rep has during my time on Fiverr.)

Misscrystal, you are so right. And I’m so confused by that. It is in writing and all signs lead to him being a poor buyer and using and abusing me… They can read the messages, they can read the support chain…

This issue had been going on for about a month, so i’m assuming when a new support rep came into the situation, they didn’t inform him/herself on all the prior issues and necessary information to draw a correct conclusion. I think the email chain I was on had 25 emails, and separate from that on Fiverr, there were another 5 messages. 4/5 Support reps as well, all who I thought agreed with me… then one guy took over.


#12

You can reopen the same ticket and request that someone else take a look at it.


#13

Hey, Adam

Unfortunately there are buyers like this in every category. If Fiverr hadn’t of cancelled the order, he probably would have filed a PayPal dispute anyway.

If a buyer ever harrasses you, you can assume it will turn out like this. Just refund them and don’t waste any more time.

Better buyers will come along :slight_smile:
Sydney


#14

If he posts your content on his site, search up whois, and put his url in there. It will give you some info, there are services to protect your info, but they give you a contact email in case of copyright or something like that. Typically you can get name, address, email, and phone.


#15

Really? I did not know that. Is there any downside – like, say, that it ticks them off?


#16

I threatened to sue a buyer. Customer support said it would get me banned.


#17

Unfortunately you will just have to let this go. You are too talented and your own sanity is too vital to your business. Move on and let them have their small win. The long term is yours…


#18

Thanks for everyone complimenting my talents. It means alot.

I’ve reopened tickets and outlined where Fiverr has broken their own terms of service, and how the buyer had abused me and threatened me.

In summary, BOTTOM LINE, I literally told support “I will not be refunding this buyer.” and they refunded him.

After the support tickets have been opened, Fiverr keeps marking them as resolved without even giving me a response.

Ugh, I really hope this company burns. It’s an absolute scam if you’re a true professional.


#19

I can understand your frustration, overall my Fiverr experiences have been good (otherwise I won’t stick around for 5 years!) but believe me, I’ve had some nasty experiences with some buyers in some cases CS just didn’t/couldn’t help me. The reason I stayed was because the nasty buyers were the minority and most of my buyers were great, and Fiverr was after all a great place at least for me.

I checked your gigs, you have a great voice ( you should hear me sing, it’ll make you want to cover your ears and jump out the window), I do hope you decide to stick around and give Fiverr a chance.

Now get your buddies and go grab a drink, and once you come back you can get back to work.


#20

Very well said…
Totally agreed!