Can I sue a freelancer website for this?

[liquidravex]

What is the name of your state (only U.S. law)? NY

Yes, I know most of them have some junk in their TOS saying they can ban you for any reason, but I think this goes a bit further.

So I had a client illegally charge back funds after collecting completed work (I have proof of this). She did this by filing a dispute with paypal. For filing the dispute with paypal her account was banned and I lost the money. Now the money for the job was only a few hundred, so it's not a big issue, the following is. I contacted her OUTSIDE of the freelancer system saying I would sue unless she corrected what she did. I would think it is my legal right to do so.

She did correct things and paid the freelancer site. As she did that she apparently complained complained to the freelancer website about me threatening to sue and they banned my account for it. At the time this happened the account was generating close to 3k/month, in addition to this getting banned from there has definitely damaged my brand name. My company outside of the freelancer site has some large clients so this is not a small thing.

I have not seen anything in their TOS that would allow this, furthermore they penalized me for doing something I have a legal right to do, they retained the money from the original transaction and even reinstated the client's account.

Anything I can do about this legally?

 

[quincy]

What is the name of your state (only U.S. law)? NY

Yes, I know most of them have some junk in their TOS saying they can ban you for any reason, but I think this goes a bit further.

So I had a client illegally charge back funds after collecting completed work (I have proof of this). She did this by filing a dispute with paypal. For filing the dispute with paypal her account was banned and I lost the money. Now the money for the job was only a few hundred, so it's not a big issue, the following is. I contacted her OUTSIDE of the freelancer system saying I would sue unless she corrected what she did. I would think it is my legal right to do so.

She did correct things and paid the freelancer site. As she did that she apparently complained complained to the freelancer website about me threatening to sue and they banned my account for it. At the time this happened the account was generating close to 3k/month, in addition to this getting banned from there has definitely damaged my brand name. My company outside of the freelancer site has some large clients so this is not a small thing.

I have not seen anything in their TOS that would allow this, furthermore they penalized me for doing something I have a legal right to do, they retained the money from the original transaction and even reinstated the client's account.

Anything I can do about this legally?

You could have an attorney in your area personally review the terms of service of the freelancer site and your transaction with the client and how it was handled. The website banning your account would not be illegal. The website keeping the money owed you by the client, however, could be.

Good luck.

 

[fstep2]

You could have an attorney in your area personally review the terms of service of the freelancer site and your transaction with the client and how it was handled. The website banning your account would not be illegal. The website keeping the money owed you by the client, however, could be.

Good luck.

As I mentioned the money from the client is only a few hundred $, i'm not going to hire an attorney over that.

I know banning is not illegal, but doing so for the reason they did while damaging my company's reputation...

 

[Silverplum]

As I mentioned the money from the client is only a few hundred $, i'm not going to hire an attorney over that.

I know banning is not illegal, but doing so for the reason they did while damaging my company's reputation...

Found your password?

 

[quincy]

As I mentioned the money from the client is only a few hundred $, i'm not going to hire an attorney over that.

I know banning is not illegal, but doing so for the reason they did while damaging my company's reputation...

Ahh, fstep2. You are liquidravex?

And you are having more problems with your business.

Because the banning is not illegal, the damage to your company's reputation from the banning would not be compensable. You can still sue the client (or the site) for the money owed you, but suing clients (or threatening to) is often harmful to the reputation of a business, much more so than any website banning.

It is, ultimately, up to you what you wish to do.

 

[fstep2]

Ahh, fstep2. You are liquidravex?

And you are having more problems with your business.

Because the banning is not illegal, the damage to your company's reputation from the banning would not be compensable. You can still sue the client (or the site) for the money owed you, but suing clients (or threatening to) is often harmful to the reputation of a business, much more so than any website banning.

It is, ultimately, up to you what you wish to do.

Login wasn't working, by the way many questions I've asked are for my clients issues, this one is unfortunately all mine though.

Well I think I have more than enough evidence to prove i'm right with the client. Can I sue the client for the damages / the ban which was initiated and caused by what they did?

 

[quincy]

Login wasn't working, by the way many questions I've asked are for my clients issues, this one is unfortunately all mine though.

Well I think I have more than enough evidence to prove i'm right with the client. Can I sue the client for the damages / the ban which was initiated and caused by what they did?

You have a right to collect the money owed you for the services you performed.

You cannot sue the website or the client for the website banning, though, even if your participation on the website was important to your business.

I am glad to hear that all of the business-problem threads you have started on this forum are not all your problems but posted for the benefit of others. I was really starting to worry about you.

 

[justalayman]

a bit of irony:


https://forum.freeadvice.com/starting-operating-business-3/starting-brand-defamation-business-risky-venture-legal-standpoint-600536.html

 

[cbg]

*can't stop laughing

 

[quincy]

a bit of irony:


https://forum.freeadvice.com/starting-operating-business-3/starting-brand-defamation-business-risky-venture-legal-standpoint-600536.html

"Brand Defamation" was definitely not one of fstep's better business ideas.