If you advertise it for $5 . . . you must sell it for $5!


#1

I have seen many sellers complain that a buyer did not contact them to discuss the price before placing the order. I want to help clear this up.



Fiverr has two headquarters, one being in Washington DC in the US. This means that Fiverr is subject to the US Consumer Protection Act.



This is called Fiverr, not Tene’rr or Twentyrr. I realize the $5 price is a default, however it does create a “truth in advertising” price issue if you don’t sell your advertised service for the $5 (you make extra with your addons). Here is an example. “I will create a responsive website for $5” This is the headline, but it is also the advertised service AND price. You might state in your description that you want a buyer to contact you to discuss the real price. This statement in your description is not enforceable under US law because you have already advertised that you will create a responsive website for $5. This means that under the US Consumer Protection ACT you MUST sell ANY responsive website for $5. A better headline would have been, “I will create a 3-page website for $5” The “disclaimer” you put in your description can’t be used to reverse your advertised header. To advertise one thing in your header and then change that in your description is called “Bait and Switch” under US law and is highly illegal.



I would also like to point out that when there is a misunderstanding about the meaning of the advertised service, US courts use the “reasonable person test” and almost always side with the consumer since the seller created the advertisement.



I understand that the $5 price in the header is set by default because this is called Fiverr. The best course of action is to put something in your header that you will do for five dollars so you are following the law. The reason Fiverr will not do anything about buyers purchasing gigs for $5 that you have stated in your description will cost more is simply that Fiverr understands US law and know that by advertising the $5 price, you are bound to provide. If you choose to make your header sound better to attract more buyers, just understand you will occasionally have to provide the service for only $5 or put your rating in jeopardy with cancellations.



To learn more about following the US Consumer Protection ACT go to http://www.business.ftc.gov/advertising-and-marketing/online-advertising-and-marketing




BCP Business Center

http://www.business.ftc.gov



PS. If you don't like these facts, don't yell at me on this forum. Yell at the US Congress. They created these laws, not me.


#2

After going through hell with the expectations from buyers and the way fiverr has made it harder with buyer requests to be more clear and, that includes the overall cost of doing certain task. I choose to disagree with OP. I leave things at that. No offense OP.



On sidenote I just want to say that -



I worked on 500$ project for which I charged 20$ because fiverr extra had that much cost and customer tortured me till the end to get it done on the basis of all sort of arguments and threats. It is my mistake because I should be very clear on what to do on deliverable but we have character limitation and also we can’t piss off sellers by giving too many disclaimers. My mistake, I had to play by platform.



I also worked for free on many projects just because customer wanted to threaten me with negative review. One customer from Middle east gave me task, got website work done from me and then never returned on the gig, leaving my gig in LATE. I closed the gig and he returned after 1 year to leave negative review for the live website work which was done just fine.



There are many bad buyers out there especially from warrior forum and other places who have no ethics and sanity. Many of them just get the work done and leave people hanging no communication, or even review. No wonder a lot of buyers rant about sellers not being genuine and authentic from certain nationals. How come anyone will remain genuine for long if they get ditched in this business because they quoted low or because they are from third world country or from country with dying economy.



Many buyers also have any trust because their bad experience with asians or Romanians and some contract workers don’t remain with them for long. If that is the case, then why not break your work into small chunks and then come to fiverr to get it done, you’ll have lesser damage if anyone leaves. And you don’t have to maintain paranoia and there wont be trust issue regardless of sellers country origin. You get work done and you move on. So is seller happy with that part of the task.



I am done with this now. I am being selective with the customers from here onwards. I need money but that doesn’t mean I have go through mental prostitution just for the sake of keeping myself in the market.



Anyway, sorry for the rant. It’s just that my personal life frustration, debt and finances are killing me and had to rant for things that I see are going wrong to get things off the chest.



Have a good week, guys. Back to work for me.


#3

Reply to @emasonwrites: Wasnt pointing fingers, I didnt hand you the shoe to try on. I figure those that it fit would wear it… I don’t know you, and if I generalized something, that did engulf you or everyone for that matter, my bad, you get carried away on typing as much babble is I do at times.


#4

Reply to @emasonwrites: Well far as I know, they is no issues with my tiniwini flashy or my wording…Only thing they had issue with after the bombardment of cry babies was that I had dot com after my user name in profiles cause of my business site, and the rules of internal/external comms and etc… I’m not worried about the hall monitors, or anything else. I pass time in the forums, and am spending my vaca doing fiverr gigs, earning money for fiverr, and my wifes charities, so, its hard to impose things on me, virtually impossible actually. Regardless, I did edit my script to cut it back, its a bit buggy but it seems to prevent it from doing it as much or when it detects its been there on the page once already…but it works by pages, but threads, due to I have to parse the page source so it knows it its been placed before or not, using special div class assignments in my post…Which obviously, are invisible to everything but the prot reading…Anyways, I’m all done here. Best wish all…


#5

Reply to @ginnymenges: Don’t even even feed into Ginny. If they only had a clue. I need to get a song done by a fiverr seller, if I only hada clue!!! lol :wink: My script should use the tinimini flashy a little less now, I need to clean it up a it, cause it has to read the page source to determine if its been placed and the parsing becomes a pain for this design, but it appears to be a bit better anyway, make the hall monitors happy. lol


#6

Reply to @iwritecopy: Wouldn’t be too bad if they where well made tiniwini flashies… LOL Yeah I said it… :wink:



Best Regards,

MichellTech (Rob)

Best In The Business!

Come’on, Buy A Gig Already! You Know You Want Too…!





Fiverr's Finest!

MichellTech


Your First Stop on Fiverr.com!


#7

Reply to @ginnymenges: I hear you Ginny, and you are 150 on most every bit of it, from where I sit. Sooner or later, hopefully, if they evolve, at some point things will become clear for them, and they may think back to some of your posts, and points, and start to absorb them. I fear that could be a long while and a rough journey for the majority. I cut a little slack though some that I know haven’t a clue, but that’s starting to run thin too. I don’t keep gigs filling, and get gig every single day, 7 day a week, several, many actually, because I attack sellers. And I’m the world worst about snapping on someone over something I feel strongly about, but the BUYER is KING, or QUEEN in your case mi’mady… :wink: As you clearly stated, and I won’t begin to argue that, because it’s fact. But Ginny, you gotta know one thing for sure, you will not get through to most these people, they don’t even understand what they are doing wrong, or why they are posting, or what anything is really about. They are just trying to fit-in-where-they-can-get-in, which is why you Hear them cry all day about no Gigs or bad ratings, or rough experiences, instead of handling it. I can’t get to them, you can, no one can, it will take time, and for some of them that time will never come, or come to late. Business to them is Fiverr, and those that excel understand Fiverr is a micro-job ‘resource’ there is no career here for the majority, not to say not any, but the majority. So that is more the reason to be focused, and tuned in to getting what you can get while you can, and treating people, especially prospective’s with some level of no less than business respect, so their desire to actually succeed may be realized on some form, even if it’s fiverr success only, something. I hope for their sake’s it comes sooner than later. I do my fair share of babbling, and poking into conversations, sometimes aggressively. But when its prospective’s, or business related, no matter the size from fiverr size to the real world b&m. It’s all about mutual respect and business guided focus. I appreciate your input Ginny, even if they don’t because I’m a grown ass man, an adult, though my wife would say don’t lie ROB! your a 6’3 300 pound teddy bear that spends his spare time on xbox or coding weirdness! :wink: BUT I know business, and I have done well for my family, and will continue to do so. And I want the best for everyone, even these hall monitors. But they have to see beyond this forum reality, this base of commune to so speak. Who cares what people think of you here, who thinks of you clicking on the buy now button, again, I am talking focus…So, well said, on everything Ginny, I appreciate the time you have spent sharing here, I only wish these people would stop cutting off their faces despite their noses, and get a clue. Then we could see real success in each other, and grow as a planet…Who am I kidding, I’m a student of the world and I dreamer, but I will keep on…



OH and to my biggest fan out their that complained to Fiverr Admin’s about me, mainly lie mind you, which they know now. I said before and I say again, I don’t care what you do, I’m not here to hurt anyone, I’m here for me, and I will keep doing me, to expand on me…Got it? Good…

It broke my widdlebittle heart with the trio of complaints mentioned, the only one they insisted I act on, the only thing thats actually wrong), was removing the dot com from my name on profile, because my website and user name are the same, just add dot com, by the way that’s allowed, boohoo for you, lol, thats terrible of me, I just said so boohoo, im such a child at times, lol :wink: . Anyways, My website is my fiverr name then dot com…But unlike some of you, sneaking about and cheating fiverr out of their due, I’m bringing fiverr CASH on the back end doing inbox and custom deals EVERYDAY, not no $5 crap either, my gig pages pull decent work, but I work my inbox connects and resources, in/externally, gets pulled to fiver, to earn for these charities we sponsor, own our own accord, expecting nothing in return, but to help others, and I use direct deals, and turn cash regularly, especially since i been on my vaca, working these fiverr deals so much, will will slow soon, but ill see be around, I have a 8 man team on the fiverr michell tech team. AND we send all our stuff through fiverr billing, everything, every penny, and I have my own merchant services accounts with the bank, and now fiverr knows it too, proofs in the puddin, whiners, hall monitors, band wagoners. I give fiverr there due, I believe they earned it by making this platform for everyone, so complain all you want, I will still keep on being me, better get use to me… :wink:



And for those that need a target, a sounding board, a punching bag, or a venting post; I’m your huckleberry! "Tombstone-Val K"



You gotta give to winks about the venom people spew at you, or hold value in them as equals of the subject at hand, primarily here, business, for anything to matter…So fire away…!



Best Regards,

MichellTech (Rob)

Best In The Business!

Come’on, Buy A Gig Already! You Know You Want Too…!





Fiverr's Finest!

MichellTech


Your First Stop on Fiverr.com!


#8

Reply to @ginnymenges: When did I call you uneducated? I said that you needed to properly educate yourself on what your talking about before beginning a debate. You throw around laws that have no place on Fiverr. You point out illegal acts that aren’t even happening here. You are incredibly typical when it describing a woman scorned. You came on the forum freaking out (not a new behavior we have seen it all before) because you likely got screwed over by someone. Join the club! All these laws apply to businesses! You are wrong, each individual fiverr user is NOT a business. We don’t qualify for business loans, we don’t require local or federal licensing, etc. Feel free to find a specific law that opposes me. You won’t find one but I’m sure you will retort with a copy/pasted law that has nothing to do with my post (as you have already done repeatedly). When you copy/paste random laws, you don’t validate your point if the action in question isn’t happening here. It looks foolish to post a random, unapplicable “law” and then strut around like a confused rooster when everyone else is wondering what your talking about. Honestly, whether you believe that my father is attorney is irrelevant to me. I can send you a link to his office website if you would like, most of us find it harder to believe that your married than it is to believe my dad is an attorney (if you want to be a witch about it).

Go ahead and report @steveeyes, she is a friendly, informative member of this community. Any experience you have had with her to the contrary is because you have provoked her for no reason. You are a new member and so far the only thing people know about you is that you’re a troublemaker. Go ahead! Report us all! It will be easy to identify the real problem here.


#9

Reply to @typingservice: I think they meant you can’t signup with a real money account and gamble. I would be all over that like white on rice if I could ;).


#10

Good words…well written, I appreciate your common sense in explaining it. I know when there is a dispute, Fiverr puts as much, if not more weight in what the description says as they do the title.


#11

Reply to @michelltech: The comment you’re responding to here doesn’t have anything to do with you or signature–it has to do with the fact that Fiverr changed some of their TOS and not everybody got emails about it. You’ll see above that when I actually was talking about your signature, I said I didn’t have any problem with it.


#12

Reply to @ginnymenges: That is correct, but the devil is in the details. One time for example I hired a t-shirt designer who did a horrible job, it was clear that this guy can’t design, that his design was made on Microsoft Word. So I demanded a revision and once again, he delivered crappy work. Because I was feeling compassionate, I decided not to demand a cancellation, but I didn’t write a review. Months later I find his gig again, and notice it’s been suspended, it only had a 47% positive rating.



This is why I have faith in the market and how it corrects itself. Even though I lost $5 (by choice, I could have demanded a cancellation) I got to see the beauty of the Fiverr system and how the untalented will fail while the talented succeed.



In the end, I hope he found other gigs he can do well.


#13

im new here and i think i see sum of those your pointin…


#14

I just have to ditto what kjblynx said. Most of us who are concerned about buyers not contacting us beforehand isn’t so that we can bait and switch on them, it’s so that we can make sure we’re capable of doing what they need us to do. The “reasonable person test” would also have to take into account the character limits in the gig descriptions–almost all of my descriptions have had to be heavily edited so that they fit inside those restrictions. I don’t think it’s reasonable to expect me to spend my entire gig description listing things that I can’t or won’t do.



Now, if a seller is offering a gig that says they will build a three-page responsive website, hopefully the description offers more clarification about what constitutes three pages and how in depth the design is, etc. If in the description it says something like “THIS IS NOT A $5 GIG,” or “three pages costs $15,” that is false advertising and also not something that Fiverr likes very much. Likewise, if someone is refusing to do the things that are clearly stated in their title and gig description they will do for $5 until they’ve been paid more money, I’m sure Fiverr would like to hear about that, because that’s got to be against some policy or terms of service or something.


#15

You have to have SOMETHING for the base $5 gig to open a gig. In some cases it’s consult about offers for $5, which is legit. If it say’s from the start. This is Micro-Job’s, understand the monster it is a little but, its all about hook low upsale. Period the entire market was made from the principle Factor.

Best Regards,

MichellTech (Rob)

Best In The Business!

Come’on, Buy A Gig Already! You Know You Want Too…!





Fiverr's Finest!

MichellTech


Your First Stop on Fiverr.com!


#16

Reply to @kjblynx:



When you order something from Amazon or BestBuy, do you contact them first to see if they really are selling the item they have listed for the price they have it listed? Do you contact them to see if they are about to go to bed or if they will be able to ship on time? Of course not. What you have to realize that you, as a seller, are bound by the same rules as Amazon or BestBuy if you wish to sell online in the US. I posted a link so that sellers can educate themselves.



To address your comment about the TV commercials. As I mentioned, the courts will use the reasonable person question. There was a case where someone took a company to court because the TV ad showed someone cashing in loyalty points for a jumbo jet. The court ruled that the ad was just in fun because a “reasonable person” would not believe he or she would get their own jumbo jet for a few million loyalty point.



The difference is that a reasonable person will believe that anything advertised on a site called Fiverr is for sale for exactly $5.



And no, what I have a problem with is Sellers that practice Bait and Switch. But because I want to believe that everyone is really honest I choose to believe that these sellers simply don’t know the Fiverr rules or the US laws. I posted this in hopes that the real honest sellers will understand WHY posting one thing in a header and another in the body of the description is wrong, unethical, against Fiverr rules and against US law.



Anyone the knowingly violates the rules after being advised of the rules/laws, is obviously not ethical.


#17

Reply to @emasonwrites:



What you said in the second paragraph is exactly what I’m addressing here. I see gigs posted like that all the time. To give you an example. One Seller advertises, “I will make your website into a mobile app for $5” Then when you look at the description it states that the $5 only covers a consultation fee for giving a quote on the real cost of making the website into a mobile app.



Also, understand that most of you sellers that are commenting in the forum are writers. You guys (and gals) write for a living so it is only natural that you write in these forums. Your gigs are very straight to the point. There is usually not an issue with your headline matching your description.



Most of the problems come in the other markets, especially the webprograming area. I just opened up that page and here are the first gigs I see:



I will anything related to Google Map API for $5

I will to optimize and secure your website for $5

I will convert any Mockup to Bootstrap for $5

I will create useful web or desktop application in php for $5

I will develop Website for you for $5

I will create GUI for web application,and software for $5

I will write any script in PHP for $5

I will fix any wordpress ,html,css issue or bug for $5

I will develop mobile app for company, business, website for $5

I will create any type of Mobile App for $5



Are you starting to see why I wrote this post? I don’t think these sellers are BAD nor do I think they are trying to Bait and Switch anyone. I think they work with the templet given to them by Fiverr and don’t understand how to write their headline so that it does not break rules and laws.


#18

Reply to @michelltech:



Exactly. I think Fiverr needs to do a better job explaining that concept. The five dollar item is the base model, so to speak. It is the stripped down car without air or cruse control. Then the add ons are used to upgrade the base model.



Unfortunately, many sellers use the five dollar header to advertise what they do and what they ultimately do is create an ad for selling a service for $5 that they didn’t intend.



Like in the examples I gave above. Take “I will create any type of Mobile App for $5” I’m sure what this seller is trying to say is that he or she has the knowledge to make any mobile app for a customer. But instead what he or she has said is that he or she will make ANY mobile app for $5.



I’m hoping this discussion topic will help some of these sellers see why there is an issue.


#19

Reply to @kjblynx:



Also I just looked at your gigs. You are very specific in your headers. I would have no problem ordering from you. You are not the type of seller I was trying to reach or educate with my post, so no need to get so personal or insulting. (last line of your comment)



I also see your from Michigan. I live in Livonia for about 10 years :).



The consumer protection act also requires that that fine print that you spoke of not contradict the advertised byline. Here is another bit about the CPA that most people don’t know. That fine print has to be in a 12pt font to even be enforceable. I laugh my butt off when I see big companies put out ads with font in the “small print” that is smaller than that because if anyone every challenges them in court they are in for a big surprise. Why would they do it if it is not legal, you might ask? Actually it is just ignorance. I worked in advertising for years and never knew some of the ads I myself built for customers were not CPA compliant. I built the ad and the ad ran. No ad I ever built for a customer went to a legal department before being released. It was not until I started studying law that I realize the law was even there.


#20

Reply to @kjblynx:



I’m not addressing sellers like you. You got specific enough to say a homepage in your gig example. Please look at the comment I made to emason-writes below.



I will anything related to Google Map API for $5

I will to optimize and secure your website for $5

I will convert any Mockup to Bootstrap for $5

I will create useful web or desktop application in php for $5

I will develop Website for you for $5

I will create GUI for web application,and software for $5

I will write any script in PHP for $5

I will fix any wordpress ,html,css issue or bug for $5

I will develop mobile app for company, business, website for $5

I will create any type of Mobile App for $5



These are example of where I see a problem. Notice the ongoing use of ANY? There is a big difference between how they write their headers and how you write yours. If everyone wrote like you, I would have have posted this tread.