When someone says they want to sue you

12 years ago

He's not suing anybody...for $100! However you should perhaps look at your customer service policy....I personally think 100% refund, no questions asked is the only way to deal with digital products.

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travlinguy

12 years ago

Give him his money back and be rid of the headache. You might feel that he wins if you do but the fact that you're concerned about it means he's winning now. Cut it loose.

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Bruce NewMedia

12 years ago

You can safely assume anyone, who in an emotional outburst, threatens to sue you, particularly for $100, is bluffing. The cost to "have an attorney contact you" alone will far exceed $100. To sue, considering court costs, filing fees and any legal representation will be many times $100!
_____
Bruce

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dvduval

12 years ago

Oh, yea. I already offered the money back. Interestingly, he is still using our product and making updates. Here is an example of the behavior.

Customer: I need you to reduce the width on the top
Staff: How does that look?
Customer: That is not what I ask you to do. Why can't you understand basic instructions?
Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Then he calls me up wanting to know why our staff is so slow to get things done.

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travlinguy

12 years ago

Originally Posted by dvduval

Oh, yea. I already offered the money back. Interestingly, he is still using our product and making updates. Here is an example of the behavior.

Customer: I need you to reduce the width on the top
Staff: How does that look?
Customer: That is not what I ask you to do. Why can't you understand basic instructions?
Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Then he calls me up wanting to know why our staff is so slow to get things done.

How do you deal with such stuff? Take a lesson from Ron White. I rest my case.

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dvduval

12 years ago

Originally Posted by travlinguy

How do you deal with such stuff? Take a lesson from Ron White. I rest my case.

I don't know who Ron White is.

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Joseph Robinson

Banned 12 years ago

Originally Posted by dvduval

I don't know who Ron White is.

Ron White, known for the catchphrase "You can't fix stupid."

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2 replies

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dvduval

12 years ago

Originally Posted by GarrieWilson

He could take you to small claims and if he wins, you might end up paying the court costs.

Don't assume people wont take action against such small amounts. I know businesses who took clients to court over $20. They would spend one day a year taking people.

Not to mention they might just do it to cause you problems or for the principle of the matter.

-g

Not that I welcome it, but in this case I would not hesitate to go and let a judge listen to this person talking.

Originally Posted by Joe Robinson

Ron White, known for the catchphrase "You can't fix stupid."

I'd like to think everyone is a genius in some way, but sometimes we do need to search far and wide in the case of some individuals.

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debra 12 years ago

Originally Posted by Joe Robinson

Ron White, known for the catchphrase "You can't fix stupid."

You can't argue with an Idiot, either.
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WikiWarrior

12 years ago

Originally Posted by dvduval

Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Wow

Always a shame to make a refund but it's usually the right thing to do. No sense losing sleep over it when you've done your best to help them and they still cause problems. Even if someone like this apologized profusely I wouldn't want to do business with them ever again and would drop them like a bad habit.

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dvduval

12 years ago

Originally Posted by WikiWarrior

Wow

Always a shame to make a refund but it's usually the right thing to do. No sense losing sleep over it when you've done your best to help them and they still cause problems. Even if someone like this apologized profusely I wouldn't want to do business with them ever again and would drop them like a bad habit.

I think you can't help but have one of these in the course of a year. Someone told me a long time ago that the medical bill that you receive as a result of letting things like this get to you will be a lot more expensive. I don't get angry or upset on stuff like this anymore.

Obviously, it is important to look at negative feedback and see how you can improve, but it is also important to see cases like this for what they are. I have compassion for this person who obviously has more problems than just their dealings with our company. Nonetheless, as I told him, "We are done".

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mikeink

12 years ago

Originally Posted by dvduval

Oh, yea. I already offered the money back. Interestingly, he is still using our product and making updates. Here is an example of the behavior.

Customer: I need you to reduce the width on the top
Staff: How does that look?
Customer: That is not what I ask you to do. Why can't you understand basic instructions?
Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Then he calls me up wanting to know why our staff is so slow to get things done.

HMMMM
Maybe he is in the horizontal position, or the puter is on its side and that is the way he sees it.

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Matt Duggan 12 years ago

Originally Posted by dvduval

Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Is it just me or is width side-to-side, not up and down?!

To be honest, I don't think someone who doesn't know the difference between width and height is going to cause you a major problem over $100.

Also, if you provide a refund then he no longer has the right to use the product and your relationship is over (assuming that's in your terms and conditions).

Give a refund and get rid of him. And Colin's right, he'd have served papers by now if he was serious.
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robestrong

12 years ago

Originally Posted by dvduval

Oh, yea. I already offered the money back. Interestingly, he is still using our product and making updates. Here is an example of the behavior.

Customer: I need you to reduce the width on the top
Staff: How does that look?
Customer: That is not what I ask you to do. Why can't you understand basic instructions?
Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Then he calls me up wanting to know why our staff is so slow to get things done.

"Come on! Width! Up and down!" made me crack up.

The width at the top wow....

Personally after it gets to a certain stage (that's only happened once or twice out of hundreds of sales), I simply refund their payment. I don't bother talking it out or asking what they want or if they want a refund, I just refund it and that's the end of the matter.

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derekwong28

12 years ago

This is how The Pirate Bay responded to a lawyer's letter from SEGA, Japan

"Dear Prokaryote(s),

Please sue me in Japan instead. I've always wanted to visit Tokyo.
Also, I'm running out of toilet paper, so please send lots of legal documents
to our ISP - preferably printed on soft paper."

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MaryPabelate

Banned 12 years ago

You need not to worry as you haven't given office address on your website, if he is going to sue you then he has to spend more than $100 and if you have done your work perfectly then you should keep all the evidences with you so that you can win the case.

Also, in online marketing, you haven't dealt with legal issue then try to test it for doing better business legally.

What I meant is drive your car in full gear, in full speed without fear!

As FEAR = False Evidence Appearing Real!

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kindsvater

12 years ago

This would be a good time to review your legal terms of purchase so you can avoid future problems. A couple issues already suggested by the thread:

- Are you in breach of contract, such as a support obligation, if you say you are "done" simply because a customer threatens a lawsuit.

- Do you have appropriate language in your legal terms so any lawsuit is filed in Silicon Valley, and not in Japan or wherever the customer is located or software is installed?

.

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dvduval

12 years ago

Originally Posted by kindsvater

This would be a good time to review your legal terms of purchase so you can avoid future problems. A couple issues already suggested by the thread:

- Are you in breach of contract, such as a support obligation, if you say you are "done" simply because a customer threatens a lawsuit.

- Do you have appropriate language in your legal terms so any lawsuit is filed in Silicon Valley, and not in Japan or wherever the customer is located or software is installed?

.

Good ideas. I think we are in good shape in both cases here. However, in other cases, your second point could be relevant so we will take a look at that.

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igrowyourbiz

12 years ago

he doesnt have to sue you, nor does he need a lawyer

he can simply litigate against you in small claims court for small fee...

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ceenote100

12 years ago

He said he's going to sue you over $100?

Is this guy a crackhead?

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GarrieWilson

12 years ago

He could take you to small claims and if he wins, you might end up paying the court costs.

Don't assume people wont take action against such small amounts. I know businesses who took clients to court over $20. They would spend one day a year taking people.

Not to mention they might just do it to cause you problems or for the principle of the matter.

-g

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davezan

12 years ago

Originally Posted by GarrieWilson

He could take you to small claims and if he wins, you might end up paying the court costs.

Don't assume people wont take action against such small amounts. I know businesses who took clients to court over $20. They would spend one day a year taking people.

Not to mention they might just do it to cause you problems or for the principle of the matter.

-g

Originally Posted by ebizman

yeah dude he can take you to small claims court for $100

Originally Posted by snapping

yes, small claim court as long as it is below $5000 (may varies in different county, I guess). it costs about $50 to file it and if he won, you will pay this $50. AND it does not need a lawyer to file the claim or go to the court. Just fill in a form.

Correct me if I am wrong, but small claims court only applies in the jurisdiction
it's filed in, isn't it? If one files and wins their claim in California, can they then
enforce that judgment on someone in Montana or other unless that individual
is physically in the state it's filed in?

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snapping

12 years ago

yes, small claim court as long as it is below $5000 (may varies in different county, I guess). it costs about $50 to file it and if he won, you will pay this $50. AND it does not need a lawyer to file the claim or go to the court. Just fill in a form.

It took me about 2 years to get my money back, the company owned me $ tried al kinds of way to waste my time.

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snapping

12 years ago

BTW, in your city, the small claim court may provide legal consultation for free. actually, that's how I won the case.

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ebizman

12 years ago

yeah dude he can take you to small claims court for $100

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Rus Sells

12 years ago

Wait wut? Up and down is now width? I thought that was height!!!

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dvduval 12 years ago

Originally Posted by Rus Sells

Wait wut? Up and down is now width? I thought that was height!!!

Only if you are practical, profound and powerful.
(I'm from the ATL and hopefully have that in common with you)
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Steadyon

12 years ago

Tell him to go and **** *******

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Fernando Veloso

12 years ago

D, do you keep a record of your support calls?

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dvduval

12 years ago

Originally Posted by Fernando Veloso

D, do you keep a record of your support calls?

We have a "jobs area" that looks very much like this forum but is a conversation between the customer and our staff. Lots of documentation.

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Joe Mobley

12 years ago

Originally Posted by dvduval

We have a "jobs area" that looks very much like this forum but is a conversation between the customer and our staff. Lots of documentation.

Smart. Very smart.

I push my clients towards e-mail. If we do have a phone conversation, I follow up with an e-mail that covers the points in the phone call.

The follow up e-mails helps keep us both on the straight-and-narrow.

Joe Mobley

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dvduval

12 years ago

Originally Posted by davezan

Correct me if I am wrong, but small claims court only applies in the jurisdiction
it's filed in, isn't it? If one files and wins their claim in California, can they then
enforce that judgment on someone in Montana or other unless that individual
is physically in the state it's filed in?

I think they can still win. Also keep in mind that even in the case of a judgment, that does not always equal getting paid.

Originally Posted by Joe Mobley

Smart. Very smart.

I push my clients towards e-mail. If we do have a phone conversation, I follow up with an e-mail that covers the points in the phone call.

The follow up e-mails helps keep us both on the straight-and-narrow.

Joe Mobley

Absolutely, and any skype conversations with my staff are zipped up and uploaded to the job as well.

Interestingly, we never have any issues with organized people who show respect for others. Paypal disputes are rare.

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Karen Blundell

12 years ago

Originally Posted by Joe Mobley

Smart. Very smart.

I push my clients towards e-mail. If we do have a phone conversation, I follow up with an e-mail that covers the points in the phone call.

The follow up e-mails helps keep us both on the straight-and-narrow.

Joe Mobley

same here...I keep every client's email, and also any Skype logs, etc.

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DeadRooster

12 years ago

Customer: I need you to reduce the width on the top
Staff: How does that look?
Customer: That is not what I ask you to do. Why can't you understand basic instructions?
Staff: We reduced the width. Can you explain more?
Customer: Come on! Width! You know... up and down!

Staff: Oh, I'm sorry, I thought I was talking to someone with a brain larger than an electron...

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dvduval 12 years ago

Originally Posted by DeadRooster

Staff: Oh, I'm sorry, I thought I was talking to someone with a brain larger than an electron...

Yes, exactly. Hold down the Control Key and hit the "minus sign" next to the zero on your key board. Did you do it? Because I'm already seeing changes on my end.
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danfac2012

12 years ago

Don't lose sleep over 100 bucks. Refund him and sleep tight.

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dvduval 12 years ago

Originally Posted by danfac2012

Don't lose sleep over 100 bucks. Refund him and sleep tight.

As I said, I offered the refund. He simply needs to ask for it.
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- Bill D. 12 years ago
  
  Originally Posted by dvduval
  
  As I said, I offered the refund. He simply needs to ask for it.
  
  I would have just refunded automatically, sent it by certified mail, along with a "F*** Off" Letter.
  
  Is all the trouble you've had so far (and all the future problems that'll likely be caused by this loser) really worth the $100?
  
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brotherdaniel

12 years ago

Haha, $100 lawsuit, I don't think so, empty threats, don't budge!

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Prowebstakht

12 years ago

a full refund is the best option- because why would you involve yourself in all these legal cases!!

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powerstrike

12 years ago

when dealing with customers all calls made should be recorded, this is the only way to safe guard oneself because you can use it as evidence

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Lance K 12 years ago

I understand that his threat made you emotional and also understand your response of "we're done" and hanging up the phone.

But IMO if you've really decided to be done with him you should probably just send him his $100 refund via PayPal or whatever and move on. By waiting for him to ask for it, it doesn't really seem like you're done with him.

At least that way if he goes around the internet trying to trash your reputation, he can't add that you kept the money and won't return his calls.
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Colin Theriot

12 years ago

People who actually sue don't tell you they are suing, they serve you papers.

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Aswad

12 years ago

For me...Give him refunds and go to sleep. Also ban his email in your autoresponder. You are not doing something illegal and there is nothing to be afraid of.

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ishuvonet

12 years ago

Well sometimes customers are happy with service but in spite of it they threat of suing because they want to invest that money in some other places and thats a problem in selling digital services.

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When someone says they want to sue you

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