BlackList Site

Discussion in 'Legal Issues' started by indyguidedotinfo, Feb 26, 2011.

  1. #1
    I am thinking of creating a site for myself and other store owners to share, we can share the names of customers who have opened charge backs. Basically so we know not to take ordered and refund those people so they dont open chargebacks on us. Would something like this be legal ?
     
    indyguidedotinfo, Feb 26, 2011 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    What you are suggesting could be accomplished in a legal manner. However, it is not hard to imagine a defamation claim being made by the listed parties.

    I think you have a good idea here, but that you should seek legal counsel before building your web site; paying particular attention to avoiding defamation problems.
     
    attorney jaffe, Feb 27, 2011 IP
  3. tonyran

    tonyran Peon

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    #3
    Would making it privately accessible only to storeowners shield the OP from possible defamation claim from customers who are not supposed to know the information anyway?
     
    tonyran, Feb 28, 2011 IP
  4. attorney jaffe

    attorney jaffe Member

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    #4
    Richard Nixon found out how hard it is to keep secrets; and that the penalty for a "cover-up" is always worse than the penalty for the action.

    What I am saying is: There are no secrets, and when word does get out, the fact that there was an attempt to keep it hidden will make the damages worse.
     
    attorney jaffe, Feb 28, 2011 IP
  5. AstarothSolutions

    AstarothSolutions Peon

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    #5
    If the idea is as straightforward as it is stated, simply list people who have filed chargebacks against the member stores and the "service" is not marketed as anything negative (like blacklisted) then it shiould be straight forward to avoid defamation.

    My immediate concern would be more around the data protection aspect. It is going to have to contain enough personal details for the "offending" customers to be identified which certainly under UK law would potentially require active consent to allow the store owners to do.
     
    AstarothSolutions, Feb 28, 2011 IP
  6. chrisceo

    chrisceo Peon

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    #6
    I think if you blacklisted and publically exposed the wrong person, especially a scammer / shady person, they would retaliate with attacks against your servers
     
    chrisceo, Feb 28, 2011 IP
  7. AstarothSolutions

    AstarothSolutions Peon

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    #7
    Isn't that a contradiction? Wouldn't you say a scammer is the right person to blacklist?
     
    AstarothSolutions, Feb 28, 2011 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    I would check your payment processing agreement. It is likely a violation of your agreement to disclose consumer information - and as previously mentioned, you would have to disclose so much personal information to make it worthwhile, you are going to have possible privacy law violations. A chargeback doesn't automatically mean a person is a "scammer" or has done something wrong - and how are you going to vouch for the other merchants who submit this information? If such a site worth the possible legal costs involved in defending a lawsuit?
     
    mjewel, Mar 1, 2011 IP
  9. contentboss

    contentboss Peon

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    #9
    Actually, as a first pass, all he'd need would be their paypal email. There are already several members-only systems that store and share serial refunders, chargeback chimps, that kind of thing. The only information they typically supply is the number of chargebacks a particular paypal email has kicked off - as it's factual, it can hardly be libellous. We reject people with even 1 chargeback as a matter of course, because we have found in the past that they ALWAYS chargeback, normally without contacting the merchant first. Most disputes can be solved by the merchant and customer without 3rd party involvement, and customers who don't follow that principle tend to find it hard to use their paypal email pretty quick nowadays.
     
    contentboss, Mar 1, 2011 IP
  10. mjewel

    mjewel Prominent Member

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    #10
    mjewel, Mar 1, 2011 IP