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:
I feel for your customer as I have purchased a big ticket item from an online marketers recommendation and have not yet, 2 years later, received what I paid for. I personally am taking legal action against the person I made the purchase from not the person who refered me to him. I don’t think it right for your customer to think you responsible for someone elses actions and I understand your desire to err on the side of compassion, however I think that instead of giving him back money you did not receive perhaps writing the copy for him would be a fair compromise.
Eric, Not that I am capable of offering legal advice I do have some thoughts. The recommendation you gave is unclear. Apparently it would have been based on your payment of $197 paid for one letter. Would Dragutin have known that? Did that “recommmendation” induce him to spend $1344? Did you say D was “trustworthy and reliable” for an expenditure of $1344? Like you at present, I would be hesitating too before deciding what to do. Perhaps without any admission of liability offer him $197 (the apparent value of your recommendation) or whatever sum you are comfortable with – just to get him out of your hair.
Eric
You are under no obligation to pay this individual any monies whatsoever, neither legally or morally.
If I recommend to someone a great restaurant and that night they go and have a terrible meal how can I be held responsible to pay for their meal. I am simply recommending from my past experiences, things do change.
I sent a few friends to a restaurant I loved. This is part of my business. The food was bad and one got sick. They had changed owners. should I pay them for the bad food they had? NO. If you want to keep the goodwill going with your flock, you might meet half way and offer 50% in good faith. Or pay him all of it minus a few fees. You should do your homework a bit better as well as the customer. However you don’t want everyone on the planet asking you to fix a mistake or the bad service of someone else. I would put more stern warnings on any recommendations in the future. I have bought a product from you and its good. I find you do an excellent job, but I have been ripped off by others and have a hard time in the trust issue. That’s Life in the internet world.
I understand the guys frustration, I think that most if not all of us that buy products and services on the internet have been scammed by some one at sometime or another. I think Mr. Dragutin paid for copywriting services which he did not receive, but is blaming the wrong person for his loss. It seems that he was unable to collect from the person responsible for his loss and after he was unable to receive a refund from Paypal because the 45 days had expired he went to the next possible person to collect from which was you. I do not feel you owe him anything. He should chalk up the loss to experience learn from it and move on.
Eric,
I agree with your position. If you recommend a car dealer, and the car dealer does a customer wrong, are you liable to pay for his car? This is no different.
Your heart is in the right place, but you are not liable for another business’s misgivings.
No responsibility on your part.
It sounds like you made an honest recommendation,based on the service you were provided. You are not responsible for how the copywriter operates his business. I understand and appreciate your compassion for your reader. However,if you pay the reader anything,you open a floodgate that will be very hard to close. Thank-you for asking what we think. Blessing on you,your family and the reader in question.
No you are not responsible.
In my opinion, you’re not liable. The CAVEAT is always buyer beware. Though you can be somewhat be blamed. I would have hired the guy too based on your recommendation cause I trusted you. But the only difference, I would never pay the guy the full amount in advance. I myself, and I think every one whether you are in business or not had, had experienced being ripped off. The world is full of it. There’s always a snake be it in the forest or in the city.
If money isn’t an issue to you, then I’ll offer the victim some %age refund and some of your product. Good deeds never get unrewarded.
The “Law of Karma” governs our life every day, hour, minute & seconds. No one can get away from it. It’s a cosmic law!
Make sure though, to have Dragutin sign some kind of disclaimer— not an acceptance of fault from your end. Just cover your back, OK?
Because he was following you down a path, he then tripped and damaged his knee, he was in total control of his actions- walking- not you. In this business matter, he tripped several times by not practicing “buyer beware”. by not checking and getting other recommendations, by not withholding most if not all pay until the copy writing was approved, and dawdling and by not acting within Pay Pal’s 45 days, 45 days is plenty long enough to take corrective action as needed. Then there’s small debts court, has he tried that route? Finally, he will be able to claim the product loss and will be recompensed somewhat by the Feds. Finally as a gesture of goodwill, give him a free product or two to cover the balance.
Actually, I think one of your other readers had perhaps the best piece of advice you could possibly get on this issue.
You are NOT responsible for this man’s situation. You acted properly in making your recommendation, since you were a satisfied customer of Mr. [redacted]. What happened after that is not in your power to control, nor did you profit from it.
That being said, however, it is true that this could become either a PR nightmare for you or a PR goldmine. I say, when life gives you lemons, make lemonade. Mr. Dragutin obviously wants to make a living online. You, understandably, do not want to pay for someone else’s dishonesty. But your heart goes out to this man. So, you should consider doing is to go out of your way to help Mr. Dragutin get what he wants (an online living). In the process, you end up benefitting from this situation by gaining an increased reputation as an honest and compassionate businessman. I’m not saying that you should do this selfishly, with the sole motivation of benefitting from someone else’s misery, but it’s clear that you want to do something to help, and all I’m saying is that, sometimes when you take the right action, it pays off for you in the end. Think about that.
One other thing: don’t bother giving Mr. [redacted] “$1344 worth of negative publicity”. That’s a waste of your time and energy. Instead, simply cease recommending him (as you have done), and if asked about him, tell the truth. Word of mouth is either a boon or a killer. Crappy “businessmen” soon find themselves without customers, because people WILL talk. Because of the number of your readers, Mr. [redacted] has probably already received $134,400 worth of bad PR, and growing. You don’t have to do a thing.
I have been looking for a trustworthy person to help me build an online business. I have been studying your videos on Erics Tips, I do not believe you are a dishonest man. I can usually tell when I can’t trust someone. I trust you to lead me down the right path, therefore, I do not believe you owe them anything.
Bom,acho que o cliente deve se entender com quem ele negociou,o fato de voce te-lo recomendado não faz de voce o responsável pelo fracasso da negociação,acho que voce deve ser exmido de qualquer responsabilidade,fique calmo a justiça irá prevalecer,obrigada por prdir minha opinião.
Great post Eric.
For me these kinds of questions need to be answered personally, according to my own core values.
Logically this ‘problem’ can be compared or associated to many things in my mind’s ‘data base’ and therefore many different conclusions are possible. This shows some of the limits to the logical mind.
By comparing the situation to my core values (Heart) then I can have a sense of what is right for me.
In addition, depending on what I am personally working on, I have that to consider too. Perhaps I have decided to do what I am asked this week (because, for example, I noticed I am often very self centered) and I get this email. My response could be much different than just simply measuring what my mind and feelings have informed me.
I personally am glad you brought this up so that I look at my own business exposure in a deeper way.
Thanks!
Karl
Here what I’d say:
Hi Dragutin
I do not want to lose $1344 USD for nothing as I acted in full honesty and transparency.
Kind regards
Eric
Can anyone in this day and age take responsibility for their own affairs, do the research and understand that there are risks involved in hiring anyone you don’t know online and offline.
I hired a contractor to remodel my bathroom upon the recommendation of a friend who just had her bath remodeled. He did more harm than good, and was paid for it. I didn’t blame my friend and ask her to refund the money because she referred him to me. I made the final choice and I paid him before thorough inspection.
This is no different.
Bom, acho Que o Cliente DEVE SE Quem negociou O fato de voce te-lo recomendado Não Faz de voce o Responsável pelo Fracasso da Negociação, acho Que voce DEVE Ser exmido de Responsabilidade qualquer, Fique calmo uma Justiça ira prevalecer, Obrigada Por prdir Minha Opinião.
Hi Eric,
If you were aware of the copyrighter being a crook, then you should be liable for HALF of the refunded money. Since you were not involved got paid nor knew of this man running a scam. You are not responsible for any refund whatsoever. There of course will be karma involved. If I was you I would take it to JUDGE JUDY and be seen by 10 MILLION people and finally make a NATIONAL EXAMPLE of someone who scammed or was scammed by someone and set the internet marketing world on its ear! STAND UP FOR WHAT EVER IS RIGHT!
Be an example like the GOOD MASTER.
Eric, As I see it you know and I know that you are not legally responsible in any way. It was a service that he paid for and not a product, like a book, software. This is something that I would pray about in order to have a peace about in making the right decision. I rely on God and I am sure that you do also as my source for everything. If you do end up refunding his money that does not mean that from now on every person should expect to get a refund for products or services that you endorse. Each case is a individual case and should considered separately. God Bless
In affiliate marketing you would possibly be liable if you received compensation for your referrals. If such an agreement is in place, this agreement should release you from damages incurred when the product you endorse fails.
If you publicise a recommendation based upon experience you should include a disclaimer where actions and results in the past do not guarantee the future results similar to financial markets advertising. You are possibly in a grey area if you are recommending a service without a disclaimer. Reasonably one should not be accountable for this as you have no control mechanisms and an ombudsman, FICS or any related complaints handling service would be more interested in the service provider.
Eric:
you have done the right thing and more
the frist thing i leson to a weber on out soriceing was to put the money in a fundtill bouth party were happy
Addendum,
AS far as, reimbursement, you are not responsible because you had no idea this guy was not doing work someone else paid him to do.
It is not good business practice to feel sorry for persons who lost money on a poor decision they made. Just because someone tells you to do something you ultimate have to decide yourself to do a thing or not.
He must pursue the one who defrauded him. whatever his purposes were for getting a copywriter it had to do with business. In business you must have tough skin. It won’t be the last time someone scams you or tries to.
I can’t tell how many time I’ve been burn’t but you learn and grow and do not let it happen again.
I mean $1800. dollars?? anybody asking for that up front not your mom or brother you better think twice or three times before giving up the cash>
Actually he could have went to his local advertising agency, and probably would have saved about $1300. dollars. In business there can be no sympathy for ignorance.
Being mugged or robbed is one thing, but just sending your money away of your own free choice? You must be a man and accept your mistake and either get the guy who took your money or take it a lesson learned to never happen again. This life is hard, but some folks sound like they never hard any adversity and feel people who make bad decision should be responsible. Well only one person decided to pay and only one person paid that person, and he is the one responsible and no one else, period.
Those who really feel compassion can get together and pool their money and try and help, but under no circumstances is Eric responsible is any sense for replacing lost monies.
Eric you are not responsibiable, but as a copywriter yourself you can help him as a help. Now you do not have to but you said the golden rule
Eric,
It is obvious that the consensus is that you have no obligation, legally or morally, to compensate Dragutin for his failure to take necessary precautions regarding the hiring/retaining of a copywriter. I concur completely.
I agree with David.
True compassion is to act with integrity and not with charity.
A recommendation is just that and the decision to form an agreement with a third party is the accountability of the two parties involved.
As you received no payments associated with this deal, you are definitely not liable.
I understand Dragutin’s feelings and have empathy. We all have made unfortunate decisions. This was one of the decisions for Dragutin with the accountability for it.
I hope Dragutin can accept that this was a decision he made and realize the accountability of the decision is his.
Being a victim will not benefit anyone.
There is a lesson for him here and probably one for all of us….BOB
I think you are not responsible for the refund of the money that is not given to you.The customer should know the risk involve in paying the copywriter.Besides,he knew of the 45 day refund period on paypal so it is his fault if he did not avail it.You are only recommending according to your expirience with the copywriter.It is the customer’s responsibility to chose the right copywriter for him.
Hey Eric,
How are you? Based on what you have said happened I honestly don’t think it is your fault the guy got a raw deal. The guy did some work for you and you were very pleased with the work he did and by virtue of this, you recommended him to others. Yet, if afterward he starts to be dishonest with people and not giving them their money’s worth, they are the ones who should be blamed for paying this guy in full before the job is completed.
Hello Eric
Its always a issue when the subject of money arises and quality of service.
People can only do what they believe to be rite whether it works out or not is hard to say.
Going on a limb here – perhaps someone could help the fellow who was given less than perfect service – some other help in the form of copy – like a letter or some other way of assistance. While it would not pay for the lost money, it could help instill a sense of
honor and making amends where possible.
If this is of any interest, I would be glad to see if I could pitch in as being screwed over by a business you trust stinks.
Neither you or he are to blame for what has happened.
All the best
Susan In Aus
No you are not responsible. This was business between those two parties and it appears that there was communication. The party, who produce the product, even agreed to work with the customer. Asking the customer for more details on the product, to provide clarity and generate more interest. They could have gotten a more perfect product, possible. Not your fault.
If I were to ask for the refund from all those who recommended some kind service or work. I would be able to go on vacation for 3 months.
You are Free and Clear, as each one of us are 100% responsible for our own actions.
Carlos
Let’s say I ask my neighbor what movie he would suggest I see this weekend and I decide to go to that movie based on his recommendation. I didn’t think it was worth my time or money. I had the power and the option to get a refund from the theater. If I make a purchase, it’s MY responsibility to know the “terms of sale” with the business I transact with. The recommendation for this movie didn’t come with a warranty or guarantee- none offered and none expected. I did use the information to make a judgment.. but that’s the point. I used my judgment to make the decision to enter into the subsequent transaction. Sometimes that business is, plainly, not the choice that “should have been made”, but who knows that in advance?
I would never ask my meighbor for a refund- all he provided was his opinion/experience.. and while it did affect my decision, the responsiblity for the decision is mine alone.
Hi Eric,
Wow–what a mess. I say go with your heart, and I get the feeling your heart says–give him the money he lost. I can’t see any legal obligation on your part, but let’s face it, you can make 1300 bucks in a heart beat, Dragutin’s credit cards are all maxed out–the guy’s trying to get into this biz on a shoestring and loosing 1300 is crushing him. We all learn a lesson here. The way we recommend people and the way we enter into a contract. So again–go with your heart, you will get it back many times over. All the Very Best and Thank’s for bringing this situation to the public.
Hi Eric,
What I would do in this case is give him $1344 worth of items you have in good faith. This is probably the best solution for both parties. I would be help with this solution. It’s a win win situation because you are not liable.
Eric, I suggest that you communicate with the copywriter about the predicament he has put you in. As I see it, you recommended him on the satisfactory work he did for you for $197. The price he charged Dragutin was far in excess of that. It is obvious that the copy was not relevant for the task at hand and Dragutin has every right to question that. It would certainly be very easy for Dragutin to drag down his reputation online in this age of social media. If you were to discuss this with the copywriter, he may change his attitude. You cannot be held responsible, as you provided the endorsement in good faith (with a disclaimer).
No you should not pay, but do warn the copywriter that his reputation is on the line. If he is an honest man then he should put a lid on this fiasco and issue a refund. After all, the money was paid up front before the copy was received. It’s a matter of goodwill.
Eric,
Bummer of a situation for sure. I appreciate the manner in which you are making proper considerations of all parties. Now for my opinion. I believe there is a difference between an “endorsement” and a referral or testimonial. By endorsing someone, I feel you are putting your name and good reputation on the other party…that is the whole point of it. But a referral or testimonial is nothing more than offering your experience with the party and it should be limited to that….”In my experience, this person was a good resource and provided a valuable service”. I am not sure which side of fence your written statement falls on, but if you endorsed the copy writer on your sales page or blog, I can see why the customer sees you as partly responsible for his purchase decision. It doesn’t sound like you have the kind of relationship with this copy writer where you would just pick up the phone and say…what is up here?…hear his side and then call him out for putting your reputation on the line, if he is burning this guy. You seem like a sharp and prayerful guy, I am confident you will do the right thing.
No of course you are not liable, which I think you already know, by the terms and conditions of your website, the relevant one listed below.
9. EXTERNAL LINKS.
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.
In addition, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
Is this a marketing ploy???
It is easy to say “let the buyer beware” but this recommendation is coming from a well respected guy.Someone many trust.
When my dad recommends a certain barber, do I need to check with BBB first ?
Really…try writing that again!
I would offer my deepest apology. I would offer to refund him my commission from the project. I see that as an act of good faith on my part and a fair win/win for the customer. The customer gets some type of refund and I don’t profit from what turned out to be a crappy product. Lesson learned from everybody.
We are clearly in a business where the buyer MUST beware. It should not be that way, but that is the truth of it.
For the client to expect you to refund the whole purchase price is lunacy.
I love my Toyota truck, even after all of the recall scare stuff I still love my truck. I could never hold the sales guy responsible for the recall problems. Nor could I hold the cashier at McDonald’s responsible for selling me a bag full of garbage. In the end I made the decision to buy the things I own, good and bad.
It’s a shame that the customer did not get what he wanted. It happens, it sucks, but too bad so sad.
I worked retail all through college and as such I have no sympathy for unreasonable customers. Refund the commission, give an apology, and try to help the guy find a quality copywriter.
I subscribed to your services solely because you strike me as being a professional.
On the one hand, you are in danger of setting a precedent and opening the flood gates to other claims if you go ahead and pay up… which I do NOT advocate
On the other hand, however, you have to seriously ask yourself, do you want long term loyal repeat customers or just one-off buyers… and where does this client fit?
From what I have read there is nothing to stop you from walking away from this as David has correctly said because your client dealt directly with [redacted] with no involvement at any time from yourself or anyone commercially related to you.
In strict business terms, not your problem!
But, what if you classify them as someone you wish to keep?
My teams deal with disputes on a daily basis all over the world and I have trained them to always ask themselves whether or not the problem actually presents a positive opportunity for them before they make their final decision.
The proverbial win/win/win ideal.
And I can see a positive opportunity for you in this case.
Let me explain.
If I was you I would ask my client if he/she would consider being paired up with a suitable person to get their job done properly… at your expense.
The $1,344 was [redacted]s Retail charge… NOT his cost… and it was almost certainly grossly inflated given his cited track record,
so I am sure you could find someone well qualified/skilled to do the job for at least half that amount, if not less… especially as your client already has some copy to work with.
Of course, you have to weigh the pros and cons between your real long term cost if you walk away from this client vs the benefits you will get which will include retaining a very happy client and having access to a Sales Copy writer you will know you can rely on.
Not to mention the fact that you will set yourself apart as a professional in an industry with a far from user-friendly reputation.
Personally speaking, I would take the priceless reputation any day.
Peace
Peter Young
Founder/CEO
The Buying2Give Group
Hello, Here’s “my two cents”…In my humble opinion Eric is not liable,he didn’t provide the service,he didn’t force the buyer to accept and pay for the service before-hand. Eric feels bad about this because he is a christian person(with a giving heart)who feels the responsibility to his readers should always be above board.Eric should not even consider giving the buyer a refund for services or product he didn’t sell to him.Since I have learned to research a service or product being offered before buying.I,also, believe it is necessary to apply “buyer beware” with any purchases made online or offline…So, irregardless of who recommended the service or product the buyer should not have released any money until he was satisfied with the outcome of the service provided…Perhaps,a 20% payment of the total price would have been reasonable and un-refundable if the copywriter’s final draft was not what the buyer thought it should have been…An agreement(stating what the buyer wanted and how the copywriter might write it)apparently never took place…never step into a transaction blindly…Recommendations are just that “recommendations” and nobody twists your arm to step into a transaction with blinders on…
Hi Eric I do not think you are legally responsible. I am aware of all the work and advice you do for free and the charitable work you do. I am a Newbie and get bombarded every from the so called Gurus every day that I take no heed to;but you are one of a few, if not the only one that I listen to as far as Internet Marketing goes. I would probably feel the same if I followed your recomendation and got burned; at the same time you the individual did adequate work for you and you based your recomentation on that. Even though I do not think you are legally liable, I do think that you have the skills to work out something with the individual that won’t actually come out of your pocket. Just remember, a lot of people take what you say to heart and thanks for what you do!!!
Dear Eric
First of all it was the client’s fault in paying the total sum upfront. The second mistake that he is making now is to blame you for his stupidity. You do not have to pay anything to this person. That having been said, Mr [redacted] should be taken to task for his unprofessional attitude in this whole affair.
Hi Eric, just refund the guy! A well lesson to learn from!
Sorry to say you are between a rock and a hard place. if you remburse, you set a poor presidence, if you don’t it could make your other recomendations and business dealings suspect.
The claim to you is unsubstantiated; Dragutin made the conscious choice to follow your recommendation. Drasgutin needs to seek legal advice in regard to this copywriter, should he seek to recoup all of his loss.
Hey Eric…my suggestion is simple….if at all his findings about you is that you are the one to be held for refund then just go ahead..why not..but before you pay him the claim that he has put….you should be charging him double the amount of the money he is claiming as your consultancy service for recommending him a copywriter….is what the law says….
the best solution is…ask him to have a word with me…lolz
As someone who is concerned about the lack of responsibility, integrity and honesty in affiliate marketing, especially in reviews, I can readily sympathise with your reader who has found himself deceived and out of pocket for a considerable sum of money. However, after reading through the correspondence he had with Webline Marketing, I think it only fair to say that your reader should have been more wary and done his own research into the capabilities of the service provider. We cannot rely solely on a recommendation from someone we trust. To do so would be similar to accepting the advice of our good friend to marry someone he thinks is great, when we have never dated them or even talked to them. It would be extremely foolish.
We have to accept responsibility for our actions, for our choices, for our mistakes. Your reader made a mistake by not doing his own research into Webline Marketing. He made a mistake by paying up front. He made some poor choices. He is an adult and as such should be aware that not everyone is honest. From what you say, it appears you did not knowingly or purposely deceive by recommending Webline Marketing services, and have personally used, and been satisfied with, their services prior to this. However, if you had heard, known, or perceived of any difficulties, dissatisfaction, or complaints of others when dealing with Webline Marketing, and you had not taken action to review or remove your recommendation, then YES, you should consider yourself an accessory to the rip off. Only YOU can know if you had any idea or inkling about the poor service of Webline Marketing though. If your conscience is clear then you are free to inform your reader that you are not liable in any way for his actions, choices, decisions, or poor judgment. We ALL have to be wary and watchful and wise. Maybe that would be a good interpretation of the WWW – wary, watchful, and wise.
Eric,
I’m not an attorney, but I play one on T.V…
Regarding your LEGAL liability, my opinion is it is very limited at best. Everyone needs to be big boys and girls and do “appropriate due diligence” to protect themselves. The buyer needed to structure the transaction in a way that was comfortable from a risk standpoint. Your responsibility is to provide a disclaimer advising people of this.
From an ethical standpoint, I would think the service provider in question would respond to your concerns and help to remedy the situation. If not, perhaps you (or someone you know) can “perform” and help the customer with his “need”.
Also, remember there is always 2 sides to every story…
PS – Weird /// symbols seem to appear in my browser as I write this…
Eric –
Since you promptly withdrew your reccomendation upon learning of the copywriter’s behavior, you are certainly in no way legally or morally responsible to pay this refund.
Besides, to pay this money would open you to many other requests for money from other disgruntled customers. Would you like to “refund” me the thousands I’ve been scammed for lately? 🙂