I paid for a massage gift certificate online. It was from what seemed like a reputable site and I paid through PayPal. I have several emails between myself and the owner of the spa and she has assured me numerous times that the certificate was "in the mail". Needless to say, almost two months later and fifteen emails after the fact, no certificate has been sent. She acknowledges this.
My question is, since begging, pleading, asking for a refund, etc has not produced any results, would I be within my rights to begin posting my personal experience with this company on various newspaper and internet outlets or would that be considered libel ?
2007-05-09 07:22:39 · 11 answers · asked by Prinsass 2 in Politics & Government ➔ Law & Ethics
Not good enough, Jimbo. I want this to pop up any time anyone googles the name of the company...not just some aribitrary posting on the BBB.
So, my intentions may be petty but what has happened HAS occurred and isn't untruthful in the least. Is it just stating facts or is it libel?
2007-05-09 07:31:13 · update #1
Okay, that's what I was wondering.
I didn't do this on ebay, I did this through her spa's website. According to paypal, because this is a service, not a good, I cannot utilize their refund policy. :-(
2007-05-09 07:33:22 · update #2
On Monday she swore she was heading out to he post office to mail out my certificate as soon as she hit "send" and that she's email me back that evening with a tracking number so I'd know it was actually done this time. Of course it's Wednesday and she never wrote back with that number.
I emailed her yesterday and again today, asking her again to follow through. She hasn't emailed back.
Am I becoming harassing? I really want to make sure everything on my end is on the up and up and I'm not breaking any laws by contacting her for this certificate. I know I seem paranoid but I've seen way too many Judge Judy episodes to be complacent! :-P
This business is in another state. I was apart of a Mother's Day exchange with a group of friends and the person I drew lives in CA. I live in FL. I can't go to the business myself to talk to the lady and the gift is essentially ruined as Mother's Day is Sunday.
2007-05-09 07:43:46 · update #3
I paid with a Visa debit card through paypal...would the protection be the same?
I appreciate all your answers! This has been my sore spot for a couple months now. I just think the whole situation is disappointing and unfair.
2007-05-09 08:02:24 · update #4
Try one more time - tell her that if she does not get your refund to you IMMEDIATELY, you will initiate legal action for fraud. Then do it - report her to the Better Business Bureau and the Internet Fraud Complaint Center. Also, contact Paypal and (if you paid Paypal with your credit card) your credit card company, neither of whom are particularly fond of being caught in the middle of these kinds of schemes and both of whom would be quite happy to help the police find the person behind this scam.
Then go right ahead and post your experiences. Libel is not saying bad things about a person or business - it's saying bad things that AREN'T TRUE. Since you can prove what's been going on, you're safe from libel charges.
2007-05-09 07:42:12 · answer #1 · answered by triviatm 6 · 0⤊ 0⤋
I would not be libel because you have facts to support that she did not deliver a product that you paid for. I would go to the Internet Fraud Complaint Center as well as the Better Business Bureau online to file a complaint against the spa owner. I would also send the spa owner a copy of the complaints you filed. What the spa owner did is against the law and you have every right to share with the public what has happened.
2007-05-09 07:30:31 · answer #2 · answered by femmenoire@sbcglobal.net 4 · 0⤊ 0⤋
Truth is always a defense against a charge of Slander or Libel.
However, you've gotten some good suggestions above on better places to voice your complaint than just on the internet someplace. BBB usually gets results, and I suspect PayPal is concerned with the integrity of the people that use them.
2007-05-09 07:33:44 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
Have you utilized E-bays arbitration service. Chances are this person does not want to be thrown off the site so go for it. If that doesn't work you've have other options available to you, up to and including theft by deception. Good Luck .
Tell her you have a couple of large friends who will be paying her a visit for a refund if the certificate is not in your hand within 24 hours. I'm Italian as you might have guessed and we can be very convincing when needed. LOL
2007-05-09 07:29:31 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I am a Massage therapist. I worked for a Spa in houston who sold about a half million gift certificates before the spa actually opened. These poor saps had to wait a year to use them and there was 6-10 false openings where the people had to be called and reschedule their appointments. About half of these people got a refund. The other half either gave up or finally came in when the spa opened. I believe you are entitled to a refund or if you have proof that they recieved payment and you haven't recieved your service then you are entitled to it. I would let everyone know about your experience. They should be keeping track of their gift certificates. I keep track of mine with no problems, its not rocket science.
2007-05-09 07:34:45 · answer #5 · answered by God!Man aka:Jason b 3 · 0⤊ 0⤋
The company is libel for the services it renders and how it covers its responsibilities to the person or people involved in its business transactions. If it values its business professionalism and the integrity of the company, then you would do well to publicize on the air, in the news and what ever methods available, in hopes of ractifying the situation and condition of your loss. Small claims court still exists.......????? So does Certified Mail!!!!
2007-05-09 07:48:35 · answer #6 · answered by hatl2 1 · 0⤊ 0⤋
Of course it would be fine. If you are telling the truth. Libel is non-factual information intentionally spread by publishing to hurt someone's character etc. If they are a bad business tell about it and do us all a favor. I use internet ratings and reviews all the time and I appreciate a bad review here and there so I know not to use it.
2007-05-09 08:00:40 · answer #7 · answered by Eisbär 7 · 0⤊ 0⤋
If its the truth, then its not lible. However, first work out in getting a refund. Go down to the place of business with your transaction receipt (vai paypal) and demand a refund.
2007-05-09 07:30:56 · answer #8 · answered by arus.geo 7 · 0⤊ 0⤋
It's not libel. She stole from you. You need to report her to Ebay. Also, refute the charge with paypal. They have a "did not receive item paid for" section. Get your money back that way.
2007-05-09 07:31:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
One of the absolute defenses to Libel is truth. If you write the truth there can be no libel or defamation.
However, there is no law against filing a complaint alledging Libel. It would cost you thousands to defend against this complaint. Is it worth it?
2007-05-09 07:42:30 · answer #10 · answered by tk 4 · 0⤊ 1⤋