Can a Fiverr user sue another Fiverr user?!?

39 replies
Just wondering if anybody knows. The Fiverr customer support is non-existent pretty much and you can't find these things out.

For example:

Person 1 orders something and pays the $5
Person 2 receives the order and doesn't satisfy the customer (person 1). That same Person 1 claims as a result of the unsatisfactory work, the actually lost some money in their business.

Can Person 1 do anything except complain to Fiverr's admin, and get Person 2's account deleted ... or can they go after someone personally? Considering a Paypal address is associated with everyone on that site, it would be theoretically possible to get Person 2's personal information from Fiverr, right? Does Fiverr get involved with "legal" issues between clients? Can Fiverr get someone's Paypal account banned as a result of anything done in a gig?


Any ideas? Thanks. Any why on earth doesn't Fiverr allow accounts to be deleted?
#fiverr #sue #user
  • Profile picture of the author travlinguy
    Anyone can sue just about anyone for just about anything. But what do you stand to gain? How are you going to prove you lost business? How much of your time and emotional energy are you going to waste with something like this? I'd just chalk it up to experience and move on. Who needs the aggrivation over $5?
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    • Profile picture of the author monkeygirl
      Actually, I am concerned from the point of view of person #2, not the guy complaining (person #1). I was just hoping that somebody on WF had knowledge of what Fiverr would do if a person contacted them and complained about a person they ordered a gig from. I hope Fiverr is not run by people who would take that stuff seriously and even bother getting involved, but you never know ...
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      • Profile picture of the author Todd Sampson
        I am not a lawyer so don't take this as legal advice

        I don't think they can do anything to you other than possibly
        get fiverr to ban you. If the try to sue you, I don't think any
        judge is going to seriously consider a case where someone is
        claiming they based their business off of paying someone $5 to
        do a job. Depending on the job, it would be really hard to
        prove a loss of any income.

        my advice is, don't worry about it.

        -Todd
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        • Profile picture of the author monkeygirl
          Thanks Todd. I guess we will find out soon enough what happens. Fiverr really needs to add a "delete account" option somewhere.
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        • Profile picture of the author monkeygirl
          Also, the person lost $50 (they say they can prove it) plus the money for the gig. Not much, but still, people just might be crazy enough to go after someone for that.
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          • Profile picture of the author donhx
            Originally Posted by monkeygirl View Post

            Also, the person lost $50 (they say they can prove it) plus the money for the gig. Not much, but still, people just might be crazy enough to go after someone for that.

            This isn't even a Small Claims Court action. It cost more to file than the money involved. Put all this out of your mind. It is not worth the brain juice it takes to think about it.
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  • Profile picture of the author monkeygirl
    Oh wait, I got more information now. A guy ordered a gig to receive gambling tips that were supposed to help him win big. He wasn't happy with the results and lost money in a casino. That is the "business" loss. Think his complaint is valid?
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  • Profile picture of the author Jake Gray
    $5?

    I have that in spare change somewhere in my couch.

    I'd highly recommend moving on.
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    • Monkey Girl, I am not a lawyer either but I have been in various businesses and own a significant business that occasionally has a loony tune claim a damage was done by our product or service and well over $50 dollars. Our lawyers chuckle when this comes up. It is still pretty much a buyer beware world out there for small ticket items especially intangible ones like advice or tips. Our highest ticket item is $50-$60 and we warranty damage only to the amount of the original purchase. Most judges (unless they are on a TV show) would throw a complaint as you describe out and probably would charge the complainant with contempt of court for annoying them.

      If you are worried see a lawyer. Myself if I were worried about such things I would put a disclaimer on my ad that all liability is limited to price of purchase. (minus service charges, lol

      Best advice so far......move on and forget it! 99.99% of the things you worry about won't happen and the other.01% you can't do anything about anyway.

      P.S. For What It's Worth... I carry a liability policy for 1Million and it cost about $600 a year. I used to and if I continue in my IM consulting work I will probably again pick up an error and omissions policy too. Probably about $300. I would only suggest this kind of coverage if you plan on or do big gigs like in the hundreds and thousands of dollars. Believe me all the big gurus have this stuff. In over 30 years in business I have yet to be sued or have a claim beyond refund of purchase. Remember this is not legal advice I am giving that's my disclaimer!

      Old Dog
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      P.S. If I can be of any assistance in your "Off" or "On"- line sales and marketing please PM me or email at WinnersChoice-Warrior@yahoo.com . Old Dog

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  • Profile picture of the author erichammer
    As far as I know from dealing with Fiverr over a problem with a gig I ordered, their only remedy is to refund the money and to delete the other person's account if they have lots of complaints against them. To get them to release the other person's personal information would take a court order. Now while you could probably get a court order to do so, you are talking about hundreds if not thousands of dollars just to do that, never mind filing the actual suit. Plus, a judge is likely to respond that when the amount paid was $5, there could be no reasonable expectation of recovering thousands of dollars in damages for lost business.

    I should say, I'm not a lawyer, but I used to work for one. This sort of lawsuit, while technically possible, for all practical purposes wouldn't happen because a lawyer and his client would have to be a low grade moron to try pursuing such a suit (unless they happen to know for a fact that the guy who didn't do the job correctly is obscenely wealthy and likely to be able to offer a settlement, highly unlikely if they're willing to work for $4).
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  • Profile picture of the author christopher jon
    Person 2 receives the order and doesn't satisfy the customer (person 1). That same Person 1 claims as a result of the unsatisfactory work, the actually lost some money in their business.
    If you lost business due to a unsatisfactory fiverr gig, there is something wrong with your business model.

    If I were a judge and you brought this case before me, I'd fine you for wasting my time and taxpayer money.

    It's five bucks. What were you expecting?
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  • Profile picture of the author sbucciarel
    Banned
    If your business is so dependent on a task, I would spend more than $5 to have it done right. This would be laughed out of court and cost you way more than the $5 already wasted. Pay peanuts, get monkeys.
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  • Profile picture of the author BulletheadX
    "For example:

    Person 1 orders something and pays the $5
    Person 2 receives the order and doesn't satisfy the customer (person 1). That same Person 1 claims as a result of the unsatisfactory work, the actually lost some money in their business."

    Unless the person has contractually agreed to it, they cannot be held liable. For instance, if you mail in your lottery ticket or some critical business papers and the post office loses your mail, they have no liability for the losses you incur.

    Robert
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  • Profile picture of the author SocialMediaOwls
    You mean there is nobody on Fiverr that will represent you to sue another Fiverr for $5?
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    • Originally Posted by SocialMediaOwls View Post

      You mean there is nobody on Fiverr that will represent you to sue another Fiverr for $5?

      That is hilarious...... I can't stop laughing !

      It must be my bed time.

      Thanks SMO
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      P.S. If I can be of any assistance in your "Off" or "On"- line sales and marketing please PM me or email at WinnersChoice-Warrior@yahoo.com . Old Dog

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      • Profile picture of the author mysterrio
        I think in a day or two the guy who had a 'business loss' of $50 will go back to the bar and forget about the $5 on fiverr.com

        I would also think that IF there were a disclaimer in the ebook - the seller should be covered. Again, I don't practice law or give legal advice but- this case is not worth going to the people's court over - let alone - a civil suit!

        Move on!~
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        • Profile picture of the author theimdude
          I am selling gambling tips for $5

          TIP 1: Don't gamble
          TIP 2: Don't gamble on fiverr buying gambling tips


          Didn't know gambling is a job and you have a loss of income when you loose.

          Disclaimer: I take no responsibility if you loose money buying these tips. No refunds whatsoever
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          • Profile picture of the author theimdude


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  • Profile picture of the author jkennedy
    Banned
    Who takes gambling tips on Fiverr and then gambles away $50 because of it. Quite frankly, duhhhh. A judge would laugh, as would the lawyers. Of course, if he were to spill hot coffee in his lap while doing so, he could sue for millions. ;-)
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    • Profile picture of the author paulie888
      Originally Posted by jkennedy View Post

      Who takes gambling tips on Fiverr and then gambles away $50 because of it. Quite frankly, duhhhh. A judge would laugh, as would the lawyers. Of course, if he were to spill hot coffee in his lap while doing so, he could sue for millions. ;-)
      That infamous McDonald's case came to mind when reading through this thread, and in that case the coffee could not have cost any more than $2. Of course, in that particular scenario the defendant (McDonald's) is rolling in money and is an international franchise - not some anonymous small timer doing little $5 gigs.
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      • Profile picture of the author Kay King
        Oh wait, I got more information now. A guy ordered a gig to receive gambling tips that were supposed to help him win big. He wasn't happy with the results and lost money in a casino. That is the "business" loss. Think his complaint is valid
        Just more proof that you can't cure stupid. Someone who believes he can buy "tips" to win big for $5 - should stay far away from casinos...

        People threaten to "sue" all the time - that often lasts until the lawyer tells them what the lawsuit will cost to pursue.
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        • Profile picture of the author paulie888
          Originally Posted by Kay King View Post

          Just more proof that you can't cure stupid. Someone who believes he can buy "tips" to win big for $5 - should stay far away from casinos...

          People threaten to "sue" all the time - that often lasts until the lawyer tells them what the lawsuit will cost to pursue.
          Kay, it's very easy to threaten to sue, but very few will actually put their money where their mouths are when they find out how much it costs to initiate a lawsuit.
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          • Profile picture of the author Jake Gray
            Originally Posted by paulie888 View Post

            Kay, it's very easy to threaten to sue, but very few will actually put their money where their mouths are when they find out how much it costs to initiate a lawsuit.
            A wise man once told me...

            It should be commonsense not to sue someone over something so small.
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            • Profile picture of the author Kay King
              Kay, it's very easy to threaten to sue, but very few will actually put their money where their mouths are when they find out how much it costs to initiate a lawsuit.
              Yes - that's what I just said
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  • Profile picture of the author ladywriter
    I'm more interested in knowing why this thread was even started, the thinking behind it. I know nothing about lawsuits and want to keep it that way, but seems to me that fifty-five dollars is nothing to sue someone over. I wouldn't even think that was a possibility. And I say that as someone who has had much less than that in their bank account, where 55 bucks would have made a difference in whether I would put dinner on the table.

    So I'm curious why anyone would even ask that question.
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  • Profile picture of the author monkeygirl
    To answer a couple people's inquiries, I'm asking because I am worried about a friend - Person # 2 - and I know the Warrior Forum is full of great information on all things online-income related! They were threatened by this Person # 1 that they would be sued. I just wanted to know if Fiverr divulges info on it's users so that something like a lawsuit could even happen. Sounds like the answer is no.
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    • Profile picture of the author King Louie
      Why on Earth will you sue someone for 5 bucks?
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  • Profile picture of the author backendbuddy
    Is any one from India here? Say, the 2ND party?!
    5$, its big - more important is to give the wrong guy about the right impression that there are systems, rules etc in work - I wonder - Why only deleting his Fiverr account? or Paypal?
    He deserves to be thrown away from the planet to mars! Strip his citizenships, etc.

    Yea, very much possible. Go for it, you can make it.
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  • Profile picture of the author Ian Varnava
    I am also not a lawyer so do not take this information as legal advice.

    I'm sure there's something in Fiverr's terms and conditions which doesn't allow parties to hold each other responsible for anything. Once a task is done, it's done, and each party must do their own due diligence before acting on any information received or using products provided. So the likelihood of a lawsuit seems almost Zero.

    As far as providing personal information, again I highly doubt Fiverr is going to hand personal information to anybody unless it's to comply with a court order.

    Last but not least, (this is coming from a gambler), if the person who sold your friend information on how to make millions gambling actually had that type of information, you can believe he would be sitting in a casino playing, not selling the info for 5 bucks on the Internet.

    And again, from a gambler's perspective, I can almost guarantee that your friend would have lost the same amount of money in the casino, if not more, whether they used those "gambling tips" they bought on Fiverr or not. That's just what gambling is.
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  • Profile picture of the author John Williamson
    Indeed, cost-benefit analysis says the costs of suing outweigh the benefits here...
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  • Profile picture of the author yukon
    Banned
    Judge Judy will let you sue for $5, lol.
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  • Profile picture of the author sparklers
    If you are in the US, this will fall under small claims court; the fees associated with small claims courts will negate the 5 bucks that you are suing for. Also, most small claims courts do NOT allow for lawyer representation ie its party vs party. I've used fiverr only after bit of research with who i'm working with. Fiverr is a roll of the dice.

    Let it go.
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  • Profile picture of the author haymanpl
    Yes but only for a fiverr! hahahaha
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  • Profile picture of the author Peter Gehr
    Not worth wasting the time, effort or brain power to pursue this any further.

    Fiverr basically works with loose change, and I wouldn't worry about the loss of a few bucks.

    Your time is much more valuable than a handful of coins.
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  • Profile picture of the author alcarrerra
    sue for $5 ?!? probably cost more gas money to drive to the court house
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  • Profile picture of the author aminur
    Ha Ha. That's a good question. I never had any problem. If i was you, i would try to open dispute claim on paypal and let them deal with it, if that's possible.
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  • Profile picture of the author backoffice
    I dun think that anybody will sue for JUST $5.
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