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Forum Fraud

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michew82

Junior Member
What is the name of your state? MA

I contacted a fashion forum about doing som advertising for my website, and the woman there emailed me back exactly what she could do for me for 3 months and $135. I agreed to the services she would offer and the price, so I sent that money to her via Paypal and she told me my advertising would go up on her forum that day. A week later, I still hadn't heard from her, so I emailed again and told her if she didn't have time to do the advetising, that was fine and she could just refund my money. She never replied to me, and she did put some of the advertising up on her forum, but only the bare minimum... not everything hse promised me. A week later, I emailed and asked her when I could expect the rest of my advertising to go up and got no reponse. I emailed her several more times before I filed a complaint with Paypal to get a refund. After I filed my complaint, the woman from the fashion site emailed me and said that she hadn't started my 3 months of paid advertising yet, and that I could have a refund if I wanted. I told her to refund me, and she told me I would not get all of my money back. I told her I was confused because she had said my paid advertising hadn't started yet, and she didn't do anything to warrent any compensation. Her daughter then started to threaten me in emails that if I didn't cancel my Paypal dispute she would ruin my website and she took down the little advertising she did do after being up less than a week even though I paid for 3 full months. I told the woman I was working with to tell me how much she wanted so the whole thing would be over with, but I got no response and they faught the Paypal dispute to keep the entire $135.

Paypal had to throw out the complaint because they only deal with disputes involving physical goods... not services. I can not get my money back in any way shape or form. I have a few questions:

1. Does the original email I got from this woman before I paid her stating exactly what she would do for 3 months and $135 act as a legally binding contract for services?

2. Is there anything I can do besides file with small claims court? Small claims told me there is no way they can recoup $135 even if I win the settlement, and if the owner of the site doesnt sign for the letter stating she needs to come to court, the case gets completely throw out?

3. Can I file a class action suit aganst Paypal who will not do anything to help me get my money back from this fradulant site?

4. Is it legal to post the company name and what they did to me on the internet? Is this considered libel or slander if I state only true facts?

Thanks so much for your help!
 


racer72

Senior Member
. Does the original email I got from this woman before I paid her stating exactly what she would do for 3 months and $135 act as a legally binding contract for services?
It might. Some judges will not accept emails from your computer as evidence, they can easily be changed. You would have to subpeona the ISP for the original email transcript. This can be a real hassle, is it worth $135?

Is there anything I can do besides file with small claims court? Small claims told me there is no way they can recoup $135 even if I win the settlement, and if the owner of the site doesnt sign for the letter stating she needs to come to court, the case gets completely throw out?
Is the bad person from your state? If yes, you have a slim chance of recovering your money. Very slim. If they live in another state, it will cost you a whole lot more than $135 to sue. You will have to sue in their home state and some costs such as transportation and lodging are not recoverable.

3. Can I file a class action suit aganst Paypal who will not do anything to help me get my money back from this fradulant site?
No. Read the TOS at their site. You gave up the right to sue when you checked the little box.

[4. Is it legal to post the company name and what they did to me on the internet? Is this considered libel or slander if I state only true facts?
Knock yourself out. Even if you post the truth the other person could have a valid defamation of character lawsuit and could sue you for a very large amount of money in federal court. Remember, anyone can sue anybody else for just about anything, whether they win or not is another question. Are you will to spend a whole lot more than $135 to defend yourself in court? Why lower yourself down to their level, you will look as stupid as the person that took your money. Just consider it a lesson learned in the school of life and move on. It will save you a whole lot of aggravation and grief in the long run.
 

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