Fiverr Community Forum

I'm considering suing a buyer/company

I recently delivered a voiceover for a buyer who goes by the name of ******** who I guess is a representative of the company “****** life” an insurance firm. Don’t know If I can have names

We had been talking and he decided to purchase my gig, keep in mind I had never worked with them before.
Today, 1 hour before delivery the buyer had finally responded to a question that I had about a script, I had already decided to move on past that part since he didn’t respond for two days. I assured him that I was nearly finished and that I would send him the file soon.

After exporting and uploading to fiverr, he responded " I have to check with my manager to see if he likes it before I accept" - that already raised a red flag in my head, why would he not have checked with his manager beforehand to see if he likes my voice?

Anyways, two minutes goes by (Keep in mind this is a Sunday afternoon) and he says “my manager has decided to decline your work, he thinks your voice is too young for our intended audience”.

At this point I was already pissed because I had spent over 5 hours on this work and was not about to let him defraud me of my work.

Fast-forward multiple minutes and he is claiming that his manager just doesn’t like my voice, and that my voice doesn’t sync up to their video. (Which is bogus, I made sure that my voice was the same as the timestamps on the script)

I told him that he could have easily listened to my 40+ examples on my gig before purchasing, OR he could have even requested a sample of his script before ordering.

He then retorts by saying he DID request a sample, at 2:46 which was 30-ish minutes before the file was to be delivered, I had said at that time that I was nearly finished and the only reason he had requested a sample was to see if I was doing it right, to which I said I had, and it would be delivered soon, he said no worries, and to take my time.

As of the time of writing this I just responded to his request to cancel with the following:

Hey, you received the work asked for, the fact that you “don’t like the voice” is something that could have been avoided had you taken 6 seconds and looked at my gig page where I have more than 40 samples of my previous work. On top of that, I believe that you’re attempting to get my work for free. The work was synced to the timestamps with a small gap in-between some of the slides. You also stated in your cancellation that “the quality was poor” whereas you stated before that you just wanted another voice, which leads me to also believe you are lying about this, or at least you are changing your story. I spent more than 5 hours working on this, perfecting it and it is no “less quality” than any other work I produce. I’m sorry that “my voice doesn’t fit” however that is no where near my fault, again there was ample opportunity for you to request a sample before ordering, OR you could have even listened to my 40+ examples on my gig, this “mix-up” is entirely your fault, as I have completed everything according to your request. - Josh

I have created multiple customer service threads, and as predicted, customer service essentially gave me a slap in the face saying that they can’t do anything, even though they agreed that they could have listened to any number of samples on my gig.

At this point I’m expecting to get a bad review, a cancellation rate of 2% and overall I’m the most stressed and angry I have ever been for quite some time.

Have you guys had things like this happen?

This happened a couple years ago when I was into writing gigs, compared to voiceover gigs, but I’m well established on fiverr, so I had just assumed this crap wouldn’t happen, but thrust right into me I guess!

Oh, and did I mention I got a TOS violations from him? Yeah it seems like he reported me too!

  • Joshvoices4you

Mod Note: User name removed.

I'm considering suing a buyer/company
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I’m considering suing a buyer

Good luck attempting to sue a no-name, no-face individual.

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I’m more referring to the company, not necessarily the individual

As I said, good luck in your attempt.

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I’m really sorry to hear that, I think only Fiverr Customer support can help you right now. So please contact them with screenshots & yeah please tell them that I’m pretty sure he’s attempting to get my work for free.

He ordered this gig not his “Manager” so he’s responsible here. Maybe he made a mistake by not sending your sample voice to his manager but now he can’t request a refund or cancellation & I hope this time Fiverr will take seller’s side.

All the best :slight_smile:

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thanks for the advice, unfortunately the support won’t do anything, I contacted them twice and they said they can’t really do anything

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This is very worrying. What did Fiverr say they are giving you a TOS warning for?

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For “contacting people outside of fiverr” which I haven’t done

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In this case, I would ask for this matter to be escalated. It is extremely disheartening to see Fiverr’s indiscriminate warning tendency continue, despite the stress sellers are already under worldwide.

Sorry this happened to you. Sadly, there is no real advice I can give, considering that you are essentially at the mercy of CS.

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The first thing I’d say is to try calm down. I know it’s upsetting but it doesn’t help you to be angry when you deal with it. What you need to do is remain professional and don’t give Support any reason to cancel the order.
If you have delivered it (which I believe you have) then he can’t cancel without your consent, unless Support does it - again, don’t give them an excuse and I suggest you contact them and explain only about the order and how it went, how you delivered on time and what was agreed. Say that the client is seeking an unfair cancellation. That should keep support happy.

Now, when dealing with him, whether he is requesting cancellations or revisions, just reject cancellation with a simple statement of “The work was carried out as agreed - Josh”
Don’t get into arguing it, don’t debate it, just keep rejecting the cancellation request and move on with your day. IF they leave a negative review, hopefully it will show on your portfolio so people can hear that it is good.
Finally, you have 40+ 5* reviews - you can afford a bad one at this stage without it affecting you too much. (The buyer has no reviews on his profile which makes me think he doesn’t give reviews and might have a history of cancelling orders, given they are on the site since last year.)

Re the warning: Contact support and tell them you didn’t do that. They may or may not remove the warning but make sure to tell them you didn’t regardless. Cyaxrex’ advice above is good too if you feel like that.

Re the next step: Move on. If it takes a lot of cancel/reject ping-pong between you and the buyer, so be it. Just hit the button and forget it. Don’t let something like this get you down or affect other orders. It’s not worth worrying or staying angry about.

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Hey, thanks, I’ve done most of that, support was less than helpful and literally just sent me a link to the TOS - lol
Ill do my best, thanks for the advice!

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Thanks, yeah, CS has never been helpful in the past, thanks for your condolences

Support can’t do anything in these situations - the dispute is between you and the buyer. The reason for contacting them is so that they have your side of the story and don’t just cancel the order on the Buyer’s say-so.

What I can say is this type of thing does happen to everyone now and then and it’s important to just do what you need to do and move on. Use the forum to rant if you need to and then be as nice as pie to the buyer. There’s nothing that an annoying buyer hates more than dealing with a calm and rational professional. It shows them you aren’t going to be bullied and so they are more likely to give up.

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Yeah, I opened two tickets, they pretty much said they can’t do anything though, which is no surprise

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It’s not part of their job to force order completion so just stick to what I said above about cancellation ping-pong and do it calmly - don’t do what I did and accidentally click “Accept” :sob:

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Oh no! I almost did that too

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In answer to your side question (which I’m guessing was rhetorical, but I’m going to comment on anyway) from what I’ve read here on the forums you are far, far from the first to want to sue. (I’ll admit, I’m not quite sure you meant the buyer’s ‘company’ or Fiverr, however.)

I believe there have been two know suits against Fiverr in the past that actually prompted an actual change, concerning academic work and fake reviews. Both were brought forward by big names that Fiverr did not want to fight. I’m pretty (not going to bother Googling) sure Fiverr is an LLC. And I have no clue what the jurisdiction is.

TLDR: Law is complicated.

I’m not looking to sue fiverr, rather the company this guy represents

Partners Life insurance firm is apparently a common name. (That one I googled.) I’m not sure how you could without knowing which one your ‘client’ ported to represent. I’m more inclined to think they’re a reseller.

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I’m sorry this happened to you!

Regarding suing someone:

An individual hired you to do the voiceover, not a company so you would sue the one who hired you.

You would need to hire a lawyer where they live not where you live.

You would need to travel to where they live if it goes to court.

It will cost you thousands of dollars. A lawyer won’t take it unless they have very good evidence of making a lot of money either from the outcome of the lawsuit or from you, in the form of fees. I mean over $10,000 and probably actual five time that much.

What I’m referring to is about U.S. lawsuits. If he is in a different country it’s even more complicated.

The company he works for has a lot more money for lawyers than you do. This means you don’t stand a chance if their lawyers get involved.