lawsuit for small amount? (31)
Hi guys, i got a situation here,
i signed an IO with a managed CPM network for $2000 test budget, but 15 days gone, the budget has spent a little bit and the result were terrible. and their support was unbelievable, tell me to shut up and wait.
so i ask a refund, but 2 months gone, their account manager keep yelling at me. i never met any custom service like this one.
the amount is around $1200 only, but their attitude issues totally pissed me off, so i want to file a lawsuit, they r a US company but my company is based on Hongkong.
if i cant sue them, so whats my other option? (chargeback is not cause i paid thru wire transfer to their company bank account)
btw, their site is premiumcpm.com, ignore them!
Originally Posted by adgale
Your best bet is to post a negative review about them on all the scam report sites, and also on various forums, etc where their target audience might read it.
You could tell them you're going to out their shady business to X affiliates on X forums..
A lawsuit is going to be QUITE the hassle and $ for $1200.
What Stackman said. Reputation is worth a heck of a lot more to these companies than $1200.
It sucks when these things happen.
I had it happen twice to me. Both times it was solved by telling them I would make it public if they didn't fix quickly.
How did you pay them? Credit card? Is there room for a chargeback?
thank you guys, actually i have no hope for the refund, i just want them to pay the price for their unbelievable attitude
Wow, that absolutely sucks, man. I actually contacted them a week or so ago to purchase some inventory, will not do that now.
Btw: They are active on digitalpoint (here) and other forums, so if you create a thread with all the evidence on these forums, it will hurt them quite a bit.
Where are you physically based?
Is it a clear cut case where the agreement was blatantly breached or is it more a questions of he said, she said?
$1200 is in the threshold of a small claims lawsuit. If it is a clear cut case where the agreement was breached, and you are based in the US, then you may be able to engage in Do It Yourself Law via small claims.
Or... ask yourself: What Would Russian Do?
What does the IO say about refunds, it has terms defined ?
Write them another polite mail quoting the terms + copy of all correspondence with timestamps.
If that fails to get anything done.. present your story on forums
google the company domain and you'll get some high profile forums where they post and invite the publishers to join
Post there, present your story.
Normally that gets stuff resolved.
Who the hell are these guys? Their www.domain doesn't even work.
Not a legal expert, I'm pretty sure though that writing stuff like "pay me xxxx $ or I'll harm your business" is illegal in most countries, regardless the circumstances - so I disagree with the 3 admins above who recommended such an approach.
It might be obvious to you that you're right and they're wrong, but it's not your job to decide that and the matter could be more complex from a legal perspective.
You're not allowed to break the law to exercise revenge on somebody who broke it himself. And that's a good thing.
You can publish your experience, but you can't threaten to do so. Also be aware that you need to be able too proof every single one of your statements you make. When they sue you for publishing content that hurt their business, it's not their job to prove that you're wrong, you have to prove you're right.
Defamation--what steve is referring to--is a concern. You could potentially get sued for defaming the company. And that would just cost more $$$$. As long as you provide proof of their shenanigans, without actually pointing the finger at them, and instead letting the reader arrive at the conclusion you want, you win.
Originally Posted by steve from munich
It's not really revenge but a review, or an outing of a shit company, and any company that had this kind of fuck up would be stupid to not try and undo what they did in the face of someone talking about publishing their real experience. Not to mention they wouldn't pursue a lawsuit, its much more cost effective to fulfill the IO.
In fact I was in NYC last week, i left a negative review on yelp for a hotel and they bent over backwards to try and get me to change my review. Upgraded my room gave me free breakfast and drink vouchers.
Last I knew they were waiting for you.
Legal threats aren't going to help you in this instance it will only work against you. Its not our fault you run your mouth more than you listen or read.
CC'd Chris again.
You are currently in violation of the process put in place for handling such matters.
You are also not in the place to demand a set amount back as you have contracted us for advertising services and you have incurred costs on the account for such delivery and support, as agreed it is PremiumCPM’s responsibility to calculate such and respond – granted the agreed upon process is followed. How ever you are completely ignorant, and have ignored what needs to be done, which has been clearly outlined to you.
We have paused the accounting process, and any further legal notices can be sent to legal@premiumcpm.com as such responses will be at your expense as agreed upon.
With all due respect… Open your eyes, and shut your mouth.
Their emails are not professional at all.
That said, without knowing what IO, contracts and terms were agreed, I don't think anyone on this board can make any determination who is right and who is wrong here from a legal perspective.
I am no lawyer. However, small claims court in the US is actually quite an efficient means of dispute resolution, especially if violations of T&Cs or any other signed contract are blatantly clear. If it is a question of he said/she said, however, that will be much more difficult.
jesus. their emails are rediculous
I agree to just out them. or threaten to. those emails would seriously hurt their reputation.
yeah unfortunately skype chats are saved locally
FYI Trillian is great for keeping a history of all chat logs and syncs online + will connect to Skype. I use it and Skype only be cause Trillian isn't so good with group chats yet (doesn't save them properly so they disappear).
Their emails are disturbingly unprofessional.
However, without also seeing your emails verbatim, it's hard to judge.
Anyway, what were the specific T&C of your IO? Do you have an out clause or some agreed level of service to be provided?
I agree. would like to see the emails you sent to them
i found some logs thru my iphone, so i take some screenshots.
after it he deleted me from his skype contact immediately.
OP Mate, I know this is a frustrating experience. I am sure you are very upset by this.
However, the legality of the situation does not depend on the tone of email exchanges or IMs. Nor does it really matter if the guy is a jerk or not.
From a legal perspective, what matters is what was agreed contractually and whether this was respected.
Originally Posted by cmdeal
in fact there are few ads network still owe us fund but all of their attitude is acceptable.
Originally Posted by wrekoniz3
Honestly, this is a bit too much drama on all sides.
Regardless of who is right and who is wrong, I think that a lot of this could have been easily avoided.
Never write any email/IM/forum post/tweet (or whatever) that you would not want to see on the front page of the Wall Street Journal attributed to you. This was a lesson that was drilled into me like gospel in my very first job. Regardless of how disagreeable a client may be (and no matter how unreasonable a client may be), if any of my current employees ever wrote emails like these to a client, that person would be in for a very serious (and potentially career ending) discussion.
Originally Posted by ims2014
Case and point - you know nothing about how I work yet as a result of falsely presented information engineered to give you the opinion you now have - you are drawing a conclusion that I need to work on how I speak with clients?
Damages as a result of Defamation and Slander.
The feedback is absolutely appreciated though!
Originally Posted by cmdeal
I have no clue who's right or wrong and its not my place to judge anyway, however
wrekoniz3 I much appreciate that you came here and explained your point of view.
It's rare for people to come forward and explain the other side of things.
So for that , you Sir have my respect.
Originally Posted by wrekoniz3
I can understand, no one likes to get publicly called out. thanks for your input in the matter, as there is always two sides to the story. usually when there is a dispute and it gets posted publicly, the other party involved should be kept anonymous at first.
Originally Posted by 32rfs23f23f
Originally Posted by angry old lady
is littered across the internet. It contains no facts. It contains no basis for people to even understand that the individual just did not read the IO and did not uphold the process he agreed to and as a result of PremiumCPM always upholding its agreements, I'm threatened to be sued, talked about badly, and almost incoherently ranted about on digital point with no inclusion of facts. I can't compete with that. I can't compete with nonsense. I'm a straight forward person, blunt at times? Absolutely, but i'm honest.
Bad results... thats the results he was saying when I was told "I dont care to lose $xxx to make faster" well we kicked the volume up as I was harassed to do.
Bad attitude... being contacted hourly (even when trying to sleep like normal people do) is just shy of audio torture at Guantanamo.
not refunding balance... not once did anyone here refuse to refund the balance. He has not gone about it as agreed.
Just more slander and defamation.
wrekoniz3, thank you for stepping up and providing information as the other party, it is appreciated.
At this point the issue has been quite well covered and I think it got well out of hand where it shouldn't have.
It is unfortunate that it has had to come to an unprofessional spectacle on forums, where as you said, things can be very one-sided.
Adgale, for heavens sakes, fax through the IO with it marked cancellation. It is clearly stated in the IO that you signed.
At this point I am going to close the thread as further discussion probably won't benefit anyone.
P.S. I see you fixed the www issue, great!
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