Yesterday I received an email from a reader who had hired a copywriter based on my recommendation in late 2009.
Unfortunately, he was not happy with the sales letter he received from the copywriter, and the copywriter allegedly did not complete the work he had been paid to do.
About seven weeks ago, the reader wrote to me about his negative experience with this copywriter. It was the second complaint I had received from readers regarding this copywriter, and I had also received an additional warning from a fellow marketer.
At that point, I pulled my endorsement of the copywriter, and made it clear on my website that I am no longer recommending him.
Now yesterday I received another email from the reader…
Hi Eric,
I hope you are well.
Just to let you know I contacted BBB.org, PayPal and my credit card company.
The business of [redacted] is not registered with BBB.org.
The complaint with PayPal can only be filed within 45 days from the date of payment and that period is exceeded due to [redacted] procrastination and the story telling.
My credit card company is not able to provide the refund of $1344 I paid to [redacted] for the letters he never wrote as there is an involvement from PayPal between them and the vendor.
I acted on your recommendation to choose services of [redacted] as you described him trustworthy and reliable.
From all people and businesses who gave testimonials on his web site only one responded on my enquiry.
The others simply ignored my enquiry and some of the have URL error.
I do not want to lose $1344 USD for nothing as I acted in full honesty and transparency and am asking you to provide me with the full refund.
Hope to hear from you soon.
Kind regards
Dragutin
As you’ve seen, the reader is asking me to compensate him for the payment he made to the copywriter.
I should mention that I do appreciate his polite tone. If he had sent a “flame” I wouldn’t be featuring it here.
I asked him for some additional information, and here is a copy of his communications with the copywriter:
PDF of email correspondence [redacted]
So there are really two questions at stake here…
1) Am I legally liable for the products I endorse or promote as an affiliate?
2) What is the right and ethical thing to do?
The ramifications are very significant, because the answers to these questions affect not only this situation but also…
– Everything I endorse/promote.
– Everyone who endorses anything or promotes something as an affiliate.
This is why the Internet marketing world was in a tizzy last December when the FTC rolled out their new guidelines for endorsements and testimonials.
So let’s answer the first question, as it applies to this situation:
Am I legally liable?
According to the FTC, endorsers may be liable for false or unsubstantiated claims made in an endorsement, or for failure to disclose material connections between the advertiser and endorsers.
Let’s talk about false or unsubstantiated claims.
If I had blindly promoted the product/service without checking it out first (as many affiliates do in this industry, and as I have done in the past on occasion), then I believe I might bear liability if my claims did not match up to the product. Let that be a word of warning to all affiliate marketers: You ARE responsible for what you say/write.
However, in this case I was speaking from first-hand experience. I had actually paid this copywriter $197 to write a sales letter for me, and I felt that the product I received was a good value for the amount that I had paid.
Therefore, my claim was substantiated, and I made the recommendation in good faith that the copywriter would provide similar value for other customers.
Now let’s talk about disclosing material connections.
I initially wrote my recommendation in October of 2009, which was prior to the new FTC guidelines going into effect.
When the new guidelines went into effect on December 1st, I added an “Affiliate & Material Connection Statement” to my website, which I believe satisfies this requirement. If I am shown otherwise, then I might need to get more aggressive about disclosing material/affiliate relationships.
In this particular case, I never did get paid an affiliate commission for the sale in question. So I’m not sure how that affects the material connection from a legal standpoint. Am I still an affiliate if I’m getting scammed too?
OK, so in my opinion I am NOT legally liable for the copywriter’s failure in this situation.
But that brings us to the next question…
What is the right and ethical thing to do?
Although I am someone who believes in absolute truth, and a clear distinction between right and wrong… the realm of ethics can still be grey at times.
I’ve tried to put myself in the customer’s shoes.
If I were him, I probably would have written the same email to me.
I’ve been a victim of scams in the past, so I’m familiar with what he is feeling. It’s one of the worst feelings that the pallet of human emotions can paint. Anger, frustration, regret, self-loathing… all rolled into one. The only way out of it is to go through the grief cycle, and reach a point of acceptance.
From the look of my dear reader’s emails, he’s gone through the denial and anger stages, and has now come around to the bargaining stage. Like I said, I’d be bargaining too.
I see this from two perspectives… justice, and compassion.
From the justice standpoint, I believe it would not be right for me to give him the refund out of my own pocket. Would justice be served by this? No.
Now… IF I had been paid a commission, I do think partial justice could be served if I refunded that commission to the customer. But in this case, there is no commission to speak of.
From a compassion standpoint, I’d love to help out my reader.
If we were talking about a much smaller dollar amount, I probably would have just offered to pay for it (or more likely… I wouldn’t have gotten an email about it in the first place). But $1344 is a decent chunk of change.
We all know the golden rule: do unto others as you would have them do unto you.
If it were the other way around, would I want him to pay for my refund out of his pocket? Yes I would, at this moment in time. But after more time has passed, I would most likely come to the conclusion that justice would not be served by an otherwise innocent affiliate paying me out of his own pocket.
In other words, my sense of justice would eventually trump my desire for recompense. (The two are not mutually exclusive. The victim should be paid back in order for justice to be served, but taking the money from the wrong person is not the solution)
So I do not think it is my moral obligation to pay for the customer’s loss…
But I want to know what YOU think!
I told the customer I would post this on my blog, and take my reader’s opinions into consideration.
I want to know:
What would you do in my situation, and why?
I am absolutely willing to pay a full refund to the customer if the arguments in his favor outweigh the arguments against.
I wish I could just err on the side of compassion, but obviously such a precedent could open me up to a lot of headaches and abuse due to other customers taking advantage of my leniency. If that is the outcome, then I will probably change some things about how I run my business.
Post your comments below. Please do not “trash” me OR the customer or even the copywriter. That’s not the point of this. At the same time I am not necessarily looking for support. I want your honest opinion, even if you are not on my side.
Obviously this is not something that needed to be made public, but I am doing so because I think we can have a good constructive conversation. This is an important topic that affects all Internet marketers. So let us know what you think.
Thanks for your input!
UPDATE: I’ve now posted the conclusion to this saga here:
NOT HIRED ANYONE OF LATE. GOING TO GET MY GIRLFRIEND TO HELP. I;VE GOT SOME PEOPLE I;LL BE COTACTING IN THE NEXT COUPLE DAYS. I LOVE THIS PROGRAM. WILL HANG IN THERE NO MATTER WHAT IT TAKES. NEED TO COME UP WITH AN URL FIRST THANKS DANN
Eric,
I agree with the general feeling that you are not responsible for this man’s business decisions. You should not pay him. Further more, I think that if any of us were to cross his path, we should be very cautious in doing business with him.
Eric,
With a statement made of, “recommendation of this affiliates product or service being made in good faith, that you are NOT responsible for any affiliate”, needs to be in writing on your website. Anywhere you mention an affiliates name there should be a statement made. Saying something like, “If you choose to go with an affiliate company then you are leaving Eric’s Tips and if there is any negligence on the affiliates behalf then my company is not responsible for the actions of the affiliate company”.
You need to have an on line contract with each affiliate. (Consult all of this with your attorney before you make any move) If you have such a clause in your affiliate agreement then I believe you would not be responsible.
But, if you did not have in writing on your website something to protect you against any fraud by an affiliate to their client, then I feel you are responsible. Your word is your word and whatever you say, you should always go with what you know is right in your heart.
Being compassionate is also a great consideration. Now, for your clients lack of research and you not having any protection statements between you and the affiliate, I feel it’s a wash. Who followed through? Who didn’t follow through? You do right by whom you serve and let the client be responsible for his own negligence.
I hope all this helps you make your decision more clearer.
Aloha,
Kealoha
Hi Eric,
This is a dilemma that can affect everyone who creates a business online or even in the normal course of everyday business dealings. I think that very often we endorse another based on our personal experience with that individual or company and on other testimonials we may have received from others too. Think of all the investors who have lost money in investment companies that have gone belly-up, are those who advertised and recommended them liable? However, ultimately we are not responsible should that experience not be the same for all others. I believe that each one of us is responsible for our own research if we want to employ another person and the buck stops with us should that deal go sour. It is a personal contract between the two parties and no others should be held liable for any negative outcome.
As Christians we invariably struggle over issues like this as we do not want to see others suffering and perhaps more so if we know we may have had even a small part to play in it but still, the real issue is between the two main players.
The fact, too, that you made the necessary amendments to your website as soon as the new FTC guidelines came out says a lot in that you are keeping your site up to date and meeting the legal obligations of your government.
In short, I do not believe that you are liable for the reimbursement of Dragutin and he has to bear the cost himself and I trust that he will be the wiser for it.
PS. Really loving your video series, great stuff.
You definitely are not responsible. A recommendiation does not make you responsible for someone elses work,it is up to the buyer to research if this person is reliable. As an automobile mechanic for thirty years I have not been able to please 100% of the people 100% of the time. Dragutin should have checked this person out first before giving ANY money.
I think you need a good copywriter!
Kiwi thoughts! I have been the victim of several scams one for as much as $7000. I have found that by being inventive and persistent I have managed to have some money returned.
I understand Eric’s quandry, however there is more to this than right & wrong, if it was purely a legal matter it would be clear, as Im sure Eric understands. Eric needs to be principled but at the same time fair. He was an affiate & expected money a return on his investment, although none was paid. He recommended this guy and Erics recommendation is his bond. Its clear that the responsibility for the return of Erics clients money is the clients, however, he rightly & legally claims from the writer & Eric.
Personally, when I purchased from Eric, what convinced me to buy was not just the claims on the particular deal, but was the overall confidendence I felt by doing due dilligence on a number of Erics claims. Recommendations and affiliates were part of my overall confidence to buy from Eric.
So therefore in my opinion, Eric should pay, because he claims & proves that he earns huge money on his affilates, he cannot when it suits say I didnt earn enough one or that one. After paying his client Eric still has the right to persue the writer if he wishes, he could pay his client half with an agreement between his client & himself to pursue the writer over time, this would make his client a client for life & give us all the extra confidence you are a very principled man. So, Eric pay up & help your client!! *smile*
I agree with most of the comments about not being legally or morally obliged to pay Dragutin. However you obviously feel bad about the whole situation, which is a credit to you. I also agree with one suggestion in doing some copywriting for him. I do not know how much or what copywriting Dragutin wanted done, but you are a good copywriter and how long would it take to do what he paid for? I guess that is the question and do you want to spend that time. I would not refund in money, as that sets a precedent for other less than honest people to try and get refunds through third parties. If you do decide to do copywriting you need not tell us, so as not to set another precedent.
Eric: You are not responsible.
1) You’re only responsible is u were a mediator or doing the work in his behave and you did not.
2)You only gave free and honest recommendation base on the experience you had.
3)These gentlemen was his decision to use this recommendation or not. He should have done his home work before making any decision.
4)The money, paying him first was a mistake you do not pay until the service was render.
(A paid Musician never will play good!)
He should go after the person to whom he gave the job too.
We all make mistake and we learn from it and we keep looking up to our success.
Eric: You could not control the terms of the agreement between those two parties.
Why should you be responsible because he decided to overpay or pay up front.
Eric,
I appreciate your dilemma. As a realtor, I have been taught to be very careful about recommending home inspectors, contractors, lawyers, etc. to my prospects or clients. If any of the recommendations backfire, I would open myself up to dissatisfaction, anger and perhaps even lawsuits from my clients. But I want to be helpful, so sometimes I do make recommendations. I think the best way is just to be careful in how you make the recommendation, and do it with appropriate disclaimers, e.g. “my previous clients have been satisfied with this contractor and I believe him to be honest, but I cannot guarantee his future performance.”
As to whether you’re responsible for your reader’s loss, absolutely not. Your reader made a business decision based on limited information, took a loss, and should learn from it and move on.
In case you are running a “Yes, Pay Him” and “No, Dont Pay Him” reader poll, put this post in the “No” column but I would agree to “gift” him sales letter/s of equal “value”. Eric you are very noble to entertain the moral issue and solicit the opinions of us all, and by the looks of it you have already spent time replying to many posts already…take the rest of the time to repay him with your craft. That way he can get on with what he set out to do in the first place…a chance to get his online business going..giving him back the money will only set him back to where started.. and with a bad taste for in his mouth. Keep us posted with your decision!!
I don’t think you are responsible..though I can understand feeling bad that the recommended person didn’t work out for the party that bought it. I have read the rules from the FTC and in there it clearly states that you are not responsible..example I could get great service at a mechanics shop and tell everyone and someone else goes there and doesn’t like the service and complains..I am not responsible for the kind of service they received..Now if I truly received a commission from that and all services that I sent there..then Yes..I would feel obligated to pay the amount I received and then I would not recommend that service again unless it seems to be an isolated case..I think I would also start stating that I am not responsible for the service of other entities and that the consumer is responsible in all risks that are associated with any or all other business ventures that they choose to make.
I believe we are all adults and no matter what we do, we can’t possibly blame anyone else. I have experienced the same. Of all the JV offers during the CBPredators hype, James of ihonestlythink.com offered the most convincing review. His fantastic bonuses even included a website where I can get free domain and hosting for one year. Well, my credit card got charged for one year and worse, the host server is not even compatible with CBPredators system. As a result I can not use CBPredators and hosting together. CBP Support could not even send any kind of reply. So what did I do? I wrote a very polite email to ihonestlythink.com about what happened so that he can stop endorsing the free domain and hosting to other customers. What else can I do except pray…
I believe that under any jurisdiction in the world, you are not liable. However as your heart/conscience tells you that you have a moral responsibility you should probably offer the victim some goods or services which can help him but minimize your physical cost. It will make you both feel better, and that is both constructive and positive and will benefit both under the Law of Attraction.
Certainly I know how he feels, having spent thousands and earned zip! But it really is a case of Caveat Emptor – Buyer Beware.
A company that sets up websites was recomended to me by a well known person in the IM business a website of poor quality and a high price resulted, They stopped replying to my emails and would not consider any reimbursment to me.
Although I notified the recommender of my loss there was no expectation of any compensation from him as it was my responsibility in the first place to check their product.
This is the problem with AMERICA today, nobody wants to be responsible. You do not owe this guy a thing. If he didn’t check out the person you recommended and went on your blind recommendation, then he got what he researched, nothing.
Good lord – look at all the comments.
One of my clients asked me my opinion on this post. So, I gave it to her.
Basically, like I told her – I’m not a lawyer. So, take it with a grain of salt, but I can’t imagine that you’re liable…
I know what I would’ve done though.
I would contact the copywriter and try to convince him to give a refund. I mean, look at the incredibly bad press he’s getting out of this otherwise. Other than that – you really don’t want complaints mounting with the FTC, PayPal, & the BBB.
Harris
This is a hard one to write about. On the other hand to my knowledge Eric is a very good copy writer. Maybe Eric would consider to write what the other copy writer did not write. That is what I would do. Without a sales letter there is no promotion to make money. I believe Eric will do right at the end of the day.
I would think [redacted] would want to refund the $1344 just to get rid of this page. Anyway, I don’t think Eric should be on the hook for reimbursing the unhappy customer. In the future, I assume that any business suggestions should be clearly labeled, “Use at your own risk.” I know after reading this post, I will certainly make sure I include such a warning on my sites. (And for the record, I wouldn’t put much weight on whether a company is listed with the BBB or not…I have personal experience with observing how their process works and companies can advertise themselves in good standing after some really uncool behavior).
A refund for what?? I have given & received so many “opinions” in my life, a bunch of us would “shuffle” money around on a consitant basis.
Yes, I am one of the folks who “got taken,” not by you, Eric! I have saved all of your GOOD opinions, Eric..but I’ll never “get it!!” Can’t find anyone to show me. Our Son was a Computer “Geek” but we lost him to cancer 3 years ago. That is why I paid, in the hope to learn, to keep my mind busy.I never got a response from any of the people..thieves?
No, Eric, it is not your fault.
Best Regards…
Raising the bar is a good idea.
[redacted] however, needs someone to lower the boom on him.
Eric
You are not responsible for another persons actions. I am some what like you in that it is my intent to do the next right thing I grew up this way and have been doing so for 57 years. I also believe in the golden rule do unto others as you would have them do unto them. If I were to spend that amount of money on anything I would first check into the reliability of product. It is my opinion That the person he has been doing business with should be the bearer to make the next right thing to do RIGHT
Hi Eric: I think I understand why this guy is asking you for a refund and has not or at least appears he has not gone to the copyrighter for resolution. He feels that since you recommended this person, you should be held lible because as his coach, you are taking on the role as advisor and mentor. Was there any form of contract signed between you and the copyrighter or you and the victim for a lack of a better word? Did the victim sign a contract with the copyrighter? Most businesses on the web, unfortunately are fly-by-night and really have no intention to do what they promised, or are paid to do. Where you used the same copyrighter and you advised this person to use this same copyrighter, then this is where it gets grey. You say you had success with this copyrighter and that is what you based your advise to the complainant on. So, are lible? My opinion is yes you could be held accountable possibly in a court of law. However, we are not in a court of law and there is no governing body on the web. It is too large. However, you did not mention anything about fairness to this person. It is not fair that you as an advisor and mentor of this person, that you advise him to use this copyrighter and not consider yourself at least half responsible for his loss. Sorry Eric, but you did ask for my opinion. Good luck to you both.
Kindest regards as always: Jim Booker
I think you have done a splendid job and has strived to be as accurate and complete as possible in preparing the Eric’s Tip. Readers should be aware the fact that the information provided and recommendations made are not always accurate due to the rapidly changing nature of the internet. They must rely on their own judgement about their individual circumstances to act accordingly. A reader who encounters loss should seek the services of a competent professional in legal, business, accounting and finance field. Don’t fault the teacher.
You are not responsible . Anyone that makes a purchase on the internet today with one recomendation with out doing their own research just does not understand “buyer beware”!
Let me put this in a more simple setting.
If Eric had bought a beautifull TV at some store and he is thrilled by the picture and recomended the same tv to the reader ,but the reader his TV broke the first day .
Where would the reader go ?? off course @ the store . SO I think that everybody has a mind of its own . When you buy, its your money at stake, not the person who recommended the product. I think that the reader has to accept this and SEE THIS AS A LESSON (A $1344 worth lesson). Every business has it’s price ……
Just accept it and move on ….
I think i made it clear that a Eric cannot be held responsible by the reader’s action and cannot refund his money .
sorry adding my website
what’s up Harris. Yeah there’s a few comments here.
I’d say you have three things you must consider in this situation. You have the legality issue, the moral aspect and the effect on your credibility. Legally I don’t feel you are responsible. Morally, I feel you recommended the copywriter because you really felt he would be an asset to your readers, so it wasn’t done with malice. So morally I don’t feel you are responsible. The only thing it may effect is your credibility, but only time can tell how much. In my business I have people ask me to recommend people or companies quite often and have learned to never recommend just one. I always recommend no less then three and always add, what may work for some may not for others, so always check out each so you can choose who you think is the best fit for you.
So the other thing that has to be taken into consideration is his responsibility to check out the copywriter.
Even though I feel sorry for this guy and would like to see you and him met halfway, I don’t feel you owe him a refund.
Dajeno
I do not believe you are responsible. And I do not think you should give him the money because it sends him the wrong message. But, it is very kind of you to consider giving him the money anyway. I feel badly about what he went thru with this guy, but when the day is over, it is not your fault.
Not liable, not obligated, BUT: helping Dragutin rewrite the [redacted] text in the spirit and style of those e-marketers he admires: wouldn’t be wrong, if you know what I mean. Lend him a hand, before you consider lending him a handout. And if this feels like the law of the bandito, gimme your money, you must just say no, Eric.
I vote no liability. Yes to teaching us how to avoid such a situation.You stated your experience and it was used on the site. This was not a guarantee of future results.
I do think it is a warning to us to be very careful as to who we choose to promote.
Congratulations, Eric, in getting so many responses. You have a lot of friends.
Would love to be controversial, but I would have reached the exact same conclusions.
Thanks for your transparency, and the dialogue this creates for our community.
Howard
Hey Eric,
I agree with the fact that IF you had of received a commission, it would only be right to refund that to the person you referred. Since you never did get paid, you are pretty much in the same boat. There is nothing more demeaning and demoralizing than to put your name and integrity on the line for someone only to get stabbed in the back.
Affiliate marketing is not for the weak of heart (or will, as far as that goes). You above many people already know that and even tell people that watch your videos. It takes a special type of person to be an affiliate (and be good at it).
Scam artists are everywhere and the Internet has just given them one more method of fleecing unsuspecting people out of their hard earned cash.
I would probably try to help the person if I could, to get what they were wanting and maybe even work out a special deal with the copywriter (The NEW one, not [redacted]) to provide some copy as part of a package (Buy 6 get one free type of thing) because we know you usually have more than one product online at any one time 😉
Anyway, if it were me in your shoes, that is what I would do. Hope that helps some, but with all the comments, might take a week or so to filter through them all and make a sound decision.
Best Wishes in your choice,
Mark ‘MKWeb’ Hultgren
http://www.mkw-ind.com
http://www.2getsales.com
Hi Eric, I’m a bit confused here, what are those 9/10 pages of salesletter in the pdf? Is that not the finished article or is it a draft or what?
I do agree with the majority of replies that say don’t refund the victim, it is not your problem. But a few say do, with another few saying compensate him with a product.
If you feel obliged to compensate him, do as Scott said and I was thinking on the same lines, “you have copywriting experience, offer to do the job for him”. At least that way you will have shown compassion and a willingness to help him without admitting liability. As you said if you were in his shoes you too would be asking for a refund.
You know bad news travels faster than good news, especially around the internet.
Whatever way you handle it, I know you will have given it alot of thought before the final decision and I for one will still respect you for it, whatever the outcome.
Maybe my perspective is a bit different. If the consumer purchased your emails and program (as I did) and you endorsed the copywriter through your program, then I believe you bear some responsibility. Perhaps you can help the consumer find another copywriter and provide a partial refund to help compensate for their losses. I bet the consumer would appreciate the help as much as the money and you can maintain your integrity without setting a bad precedence.
Hello Eric, my stance on this is very clear. You have done everything right I would not be repaying him a cent. Cheers Toni
Same story – I only hired him at your recommendation. Typically I write my copy myself. He sent me some completely unrelated things at first, and then the communication just died. I paid him $1800+ for a bunch of things together. Again, typically I would have tested him out with a smaller project first, but that’s the danger of acting on trusted recommendations!
Unfortunately as IMers with large lists, we end up being in a position where every recommendation of ours, even one in passing, can become a big issue. After the episode for Cage, I’ve actually been sending out a lot more product and scam warnings…it’s a horrible feeling to act on a trusted recommendation and find yourself in a place where you begin considering yourself stupid/naive…
Even so – I do not believe in this case that you could be held liable. However, I have in the past out of compassion ended up compensating and looking back that was simply not a good solution! Not only do you open yourself up to potential scammers who seek to take advantage of you, but also end up enabling the person involved to continue taking risks without evaluating everything themselves first!
Hello:
I feel that you are not responsible to have to repay this person, (I do feel bad for him as it has happened to me also) You only recommended the person on your site as your dealings with him went well and you felt he was good. It should be up to this person to refund the money as the work was not done right.
Something to think about for everyone online.The copywriter is the one who should pay .
Have a laugh on you tube http://www.youtube.com/user/WyteGarillaz
It’s really unfortunate things like this happen. It really does not have any benefit to you, the reader, or even the copywriter for him to do what he did. I think the reader is SOL on that on since technically you are not liable in my opinion. It would be a personal choice for you to compensate the reader on that one.
I’m sure you’ll know what to do, good luck Eric.
aBlogger
This is exactly why courts were invented. There is a grey area. My logical mind says it falls on the vendor and client to sort this matter out or take it to court if it cannot be resolved.
From an ethical or moral point the same applies.
For a human being living in a rather dicey world point of view, I would say spread the word about this vendor and paint it exactly as it is. A scam or total incompetence. Wouldn’t it be nice to have a non commerical unbiased review board for all affiliate marketers to leave detailed descriptions of their negative experiences?
I would not think so as you did post that you did not endorse “subject” anymore.I would how- ever seek out my own Business Lawers advice.
To protect yourself as I’m sure that you have already.Some kind of agreement between both partys.Could end the problem should one arise.
I stand behide you,as you are not the complants
party adviser.
Michael
Hi ERIC
I don’t think you should have pay because you have mention a whlie back that we shouldn’t pay all the Money until you see what you are paying for Their is a lot of Junk online . In my 5 years online haven’t found lot of good programs that you can earn from they earn from you with very little in return. Eric keep up your good Writing
Willie
Hi Eric,
I am very impressed at both your sincere ethical pause and transparency of this situation. I am not a lawyer not an expert on affiliate obligations but what I get from this situation is the negative energy that exists between you and him.
Negative energy is often at the root of money fights but under it is usually something else. What I get from Dragutin is a slight desperation of a guy who just wants to succeed.
So help him.
You are a man of many gifts and talents. Leave money out of it but perhaps there is something else you can offer him – not out of guilt or fault – but from humanity.
He says he wants his money but what I really think he wants is a break.
I wonder what he would say if asked “what would really help you right now?’
My two bits from Canada,
Beth
Ethically, and morally, no, I don’t think you are obligated in any way, and I’ll leave the legal to someone in that business.
However, there is a fascinating concept here.
I bought something not too long ago that had a large number of endorsements. It basically didn’t work. Maybe I should ask all those who gave endorsements to give me a refund.
Maybe I could get refunds from several of them and end up making a profit, or not.
Dear Sir,
I personally feel that you may have a moral obligation as we will only buy from another vendor or engage their service because of your recommendation…though, of course…you can denied it but it may compromise your integrity in the future as many will not listen to your recommendation anymore although you acted in good faith. Your fault lies in not doing a proper and thorough investigation into the person that you have recommended…we trust the recommended him, because we trusted you….well the ball is at your feet and many will see how you kick the ball but I will be careful if I am you so as to ensure that you are trustworthy to all concern…especially to those who trust you NOW..!!!!!!!
You are not responsible for his actions and you are not at fault. While it is true that the copywriter did a good deal with you, each and every transaction is a separate deal. The buyer may have had a different request of services than you did. There may be no way of really knowing the full details. So he is grasping at straws in order to not take a financial loss and you are one of the straws.
I had a simular request presented to me last year before the FTC rules. I purchased several system boards from a certain vendor and complimented the vendor for the great service and his products. The vendor posted my comments on his website as a testimonal to his great service. Another person bought a system board like me from “my vendor”. The problem occurred when the vendor emailed the USPS tracking number of my package to the other buyer by pure mistake. Of course, when the other buyer discovered that the package per the confirmation was delivered and signed for by me, he threw a fit at me, wanting me to refund him the money for the product or at least to ship it to him directly at my expense.
I called the vendor and the vendor stated that the corrected USPS delivery confirmation number was sent to the other buyer and that the package was just received by the other buyer per USPS. The other buyer was just trying to get a “free” system board or a reimbursement from me due to a mistake made by the vendor. The buyer refused to give up his pursuit of the delivery. It was only when the vendor and I pointed out to him that he signed and received his system board per the corrected USPS confirmation number, that he finally stopped hounding me for a refund for someone else’s mistake.
I do not believe you are either liable or ethically required to pay for his loss. I do think that when hiring someone online, you ask for a small job, and slowly develop trust. Most of us have “lost money” online, that is the nature of the “Beast”!
I have felt for a long time you are one of the most ethical and helpful people online, and I know you would do what you feel is right.
I believe that whoever receive the money should return the money to the payee. In this case you did not receive the money so you are not at fault and need not return any money.
As a life member of the consumer association of my country we always believe in this principle