Results 1 to 23 of 23
  1. #1
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    FL
    Posts
    539
    Legal Question
    I recently received an email from an individual claiming that I owe her money because she had a couple of transactions taken from her checking account without authorization and that it overdrafted her account.

    I sent a polite email back stating that I pretty much just sell advertising space and asked her to let me know which company she used and that maybe I could find her some contact information and maybe remove the company if they are found to be shady.

    I am waiting for a reply.

    My question is are we legally liable in anyway for the behavior of the companies that we work with?

    Has anyone had any similar experiences?

    Thanks in advance.

  2. #2
    Full Member BrattyKitty's Avatar
    Join Date
    January 18th, 2005
    Location
    Ontario
    Posts
    260
    I had someone recently SCREAM at me in several emails that they didn't receive their entire order. I contacted the network and her account, order and everything else doesn't exist with them. We're all betting she ordered from someone else and didn't bother to check her packing slip for company info.

    I'm a bit curious as well, if we'd be liable for bad companies cheating customers.
    Never argue with an idiot.
    The person watching, may not be able to tell the difference!

    :female: :star: :envelope: [url="http://www.bridalbasics.ca/"]:weddingca[/url]

  3. #3
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    no personal experience, but she may have mistakenly clicked on the wrong link for a "free" offer and obligated herself for a subscription for something.

    I found this a while back, may be relevant depending on what she found on her card:

    http://www.talkaboutbusinesses.com/g...ges/86761.html

  4. #4
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    FL
    Posts
    539
    Interesting link. The website that I have is a cash advance site, and I guess I need to do a little research and remove some companies to avoid people having problems. I'd rather have 3 reputable companies than 25 bad ones. I just wonder about all of the legalities involved.

    Thanks for posting quick replies... anyone else have more info or stories?

  5. #5
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Nunya, Business
    Posts
    23,684
    I get those from time to time and basically just tell them i'm not a merchant, i just link to merchants so they would have to talk to them. Usually never hear back. They get confused sometimes.

  6. #6
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    something similar to this could even happen as you are checking out in your local chain store. the clerks asks if you want a free subscription (or similar) just as you present your card. You don't know that after a time period expires you are obligated to pay. you have just a certain amount of time to decline the offer.

    the moral is you must diligently watch your charges. and listen and look more closely.

  7. #7
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    FL
    Posts
    539
    I'm praying that it's not an issue and that I'm overreacting. I tend to overreact a lot, and I'm not used to angry emails just yet I don't guess.

  8. #8
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    FL
    Posts
    539
    One of my old employers had the free subscription deal. We never really pushed it much, but I do see what you are saying. Something probably got slipped in when she was signing up. I'm just going to drop a lot of merchants and possible go with some of the better brands that way the individuals will hopefully distinguish between the merchants and the affiliate better.

  9. #9
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Nunya, Business
    Posts
    23,684
    I wouldn't worry about it another second. You know you did nothing wrong, her issue is with whatever merchant she dealt with. If someone clicks a Best Buy link on my site and Best Buy does something funny with their CC or something, that's between them.

  10. #10
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    FL
    Posts
    539
    That's a good point. Thank you!

  11. #11
    ABW Ambassador meadowmufn's Avatar
    Join Date
    January 18th, 2005
    Location
    Seattle
    Posts
    2,587
    IMO, bpal, you did the right thing. I've gotten emails like that before and I just explain that I'm not the merchant, just an affiliate, and offer to help them resolve the issue in any way I can.

    -M
    -Don't criticize anyone til you've walked a mile in their shoes. Then when you do criticize them, you'll be a mile away and have their shoes.
    - Silence is golden. Duct Tape is silver.

  12. #12
    Member
    Join Date
    January 21st, 2005
    Posts
    101
    If they do it to customers, what will they do to affiliates?
    Several of the merchants listed in that article as questionable are names that are promoted by affiliates here on the forums. I guess I would worry that if they are willing to partner with sneaky companies like that, what tricks might they pull on affiliates?

    Maybe they don't know what's going on, or maybe they don't believe it to be unethical. On the other hand, maybe they don't care and get a little cash flow from the deal.

  13. #13
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    Quote Originally Posted by raywood1
    Maybe they don't know what's going on, or maybe they don't believe it to be unethical. On the other hand, maybe they don't care and get a little cash flow from the deal.
    Hopefully they've had enough complaints to earn "off-the-list" status. Things do change sometimes.

  14. #14
    ABW Ambassador JudiMoore's Avatar
    Join Date
    January 18th, 2005
    Location
    In Razerback country.
    Posts
    1,911
    I think Cash Advance stores work by advancing funds against a post-dated check. Sounds to me like she wasn't ready to pay her little emergency loan back yet, which is how these places really rake in the dough.

  15. #15
    Affiliate Marketer Rogi's Avatar
    Join Date
    January 18th, 2005
    Location
    Melbourne
    Posts
    415
    It would also serve a purpose to add something in your 'terms of use' or 'terms & conditions' or 'policies' page/s.

    just to state that the links to other sites are external parties and you are not responsible for the content or service they provide, etc

  16. #16
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    Exclamation
    Quote Originally Posted by jmoore61103
    I think Cash Advance stores work by advancing funds against a post-dated check. Sounds to me like she wasn't ready to pay her little emergency loan back yet, which is how these places really rake in the dough.
    but in this case there could have been an intermediary site -or link- showing at the time of checkout "accept this deal now?" for some service. there is a catch, that the "service" must be cancelled before a certain date or the credit card will be hit. I think it is obvious the customer wasn't in the habit of checking her account at all. Two hits? She hadn't checked it for that many months.

    there is a site out there that takes reservations for a motel chain. this happens there when you make a reservation. I saw it. and I saw the person making the reservation get her account tapped after, driving her balance to the red.

    the only good thing here is that your bank can tell you who dunnit, and many of these places will give a full refund if you complain to them.

  17. #17
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Sacramento, CA
    Posts
    1,263
    I'm currently working w/ a customer from Finland who doesn't seem to understand that I'm an affiliate of the company she purchased products from. I've provided their contact information, contacted the company on her behalf, contacted the affiliate manager and I still get email from this customer. It's definitely frustrating especially when there's a languange barrier. The thing that really irks me about her last email is that the customer is complaining that she can't reach anyone by phone because of the difference in time zones... as if companies should stay open 24hrs just for her & it's asking too much for her to do the math and call during their business hours...

  18. #18
    Full Member bwc's Avatar
    Join Date
    January 18th, 2005
    Location
    Rock Town USA
    Posts
    403
    There is also the possibilty of the person making the claim to be a poser . . . whereby they are scamming you to see if you will fork over the refund without question. In years past I had a few where I was tempted just to pay them rather than chance a chargeback on my merchant account.

  19. #19
    The slot machine that IS paid! Billy Kay's Avatar
    Join Date
    January 18th, 2005
    Location
    Small Town in Tennessee
    Posts
    5,226
    I set up a special "Contact Us" form for problems - then they get this autoresponder:

    Autoresponder Reply for xxx.com

    Thank you for contacting xxx.com. We do not sell (or ship) anything. We supply links to stores that do.

    You should contact the store you purchased from with all questions regarding an order.

    Should you have further questions, or need to contact us, please visit our support page at

    xxx.htm

    Warm Regards,
    xxx.com

  20. #20
    The slot machine that IS paid! Billy Kay's Avatar
    Join Date
    January 18th, 2005
    Location
    Small Town in Tennessee
    Posts
    5,226
    and, of course have the "we supply links to other websites" disclaimer in your privacy policy

  21. #21
    Full Member
    Join Date
    February 14th, 2005
    Location
    Texas
    Posts
    220
    I wouldn't worry too much about it. I use to have an automobile web site that for some reason come up good on search engines when folks typed in manufactures names. I use to get emails complaining about all kinds of issues with the persons car or truck. They though I was the manufactures web site. A bunch of folks don't even pay attention to what they are doing. I even get people calling me at home sometimes and leaving messages for total strangers on my answering machine, even though it says my name several times before the beep.

  22. #22
    ABW Ambassador mailman's Avatar
    Join Date
    January 18th, 2005
    Location
    mailordering.com
    Posts
    906
    I looked thru the list of suspect merchants and there are some big players there many of which I have on my site. What does one do? Remove them based on this?

  23. #23
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    Quote Originally Posted by mailman
    I looked thru the list of suspect merchants and there are some big players there many of which I have on my site. What does one do? Remove them based on this?
    their being on the list doesn't mean they are diverting your commission, just that there is a chance they are peddling someone else's semi-scam. Without more evidence you can't say much to them but if you knew for sure this was happening, and you had an address where they'd notice your complaint, you could tell them how you feel about it.

    remember, this kind of thing happens when you check out at a physical store like CompUSA.

    I think we should just hope that our visitors don't fall for it or at least react in time so they don't get their accounts tapped. And if they do, it is more up to them to file a complaint.

  24. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Affiliate in RI legal or not question
    By mattmatt in forum Rhode Island Affiliate Tax
    Replies: 1
    Last Post: August 7th, 2009, 01:27 AM
  2. Legal question
    By cigarhat in forum Midnight Cafe'
    Replies: 9
    Last Post: April 7th, 2006, 01:41 AM
  3. legal question - domain with company name in it
    By giveawayrooms in forum Midnight Cafe'
    Replies: 10
    Last Post: October 29th, 2002, 10:57 AM
  4. Legal question
    By in forum Midnight Cafe'
    Replies: 3
    Last Post: December 4th, 2001, 08:00 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •