You're FIRED! - Should I sue these idiots?

Discussion in 'Legal Issues' started by LaCabra, Mar 12, 2005.

  1. #1
    Sorry guys but I have to vent !

    Interesting thing happened last October 2004. I had this company come into our premises offering SEO services. I've done SEO in the past but found myself with little time and decided to entertain these guys. To make a long story short, we signed a contract for $5000. $2500 up front and $2500 on delivery. They would place 3 keyword phrases in the top 3 SERPS for all MSN, Google and Yahoo. It is now March 2005 and have not seen one thing from these guys, no reports no nothing. Back in January 2005 I tore a strip of these guys for non compliance - so they proceeded to modify the title tags on several pages (about 5) with content that does not reflect my keywords. I picked up on it and changed it the next day. Anyways I had a weird feeling about these guys so I got onto the CO-OP in November and have slowing being creeping up the SERPS and now am positioned very well in msn, yahoo and google for my main keyword/phrase.

    I phoned them yesterday again since nothing has happened from their end and guess what ? The first thing to come out of his mouth was "Have you seen your SERPs lately? I told you it would take a while but look what we've done for you!!!!" I was soooo taken back - I totally lost it and sent him a few verbal missles and told him they did absolutely nothing. The clown on the phone said that there is a problem with our relationship. That they can not optimize if I'm optimizing because I am undoing what they are doing. He then proceeds to tell me that he did not agree with his guru on optimization (lots of BLs) and that he was not a fan of BLs - that high PR equals high serps. He then proceeds to tell me that they can "mentor" me and provide guidance to higher serps. I just about choked on that comment.

    Anyways I asked for our money back and he refuses to refund it. He said that they have done tons of background work. I asked for the reports and work and he said he'd get it to me. They seem to have some serious internal problems. My question is should I sue these guys for my $2500 or just forget it and move on?

    cheers
    Frank
     
    LaCabra, Mar 12, 2005 IP
  2. Michael

    Michael Raider

    Messages:
    677
    Likes Received:
    92
    Best Answers:
    0
    Trophy Points:
    150
    #2

    What's the name of the company?

     
    Michael, Mar 12, 2005 IP
  3. debunked

    debunked Prominent Member

    Messages:
    7,298
    Likes Received:
    416
    Best Answers:
    0
    Trophy Points:
    310
    #3
    Yes, defenitely sue, if they didn't do anything. Also, if you are in the states and used a credit card the bank may still do a charge back even 90 days out
     
    debunked, Mar 12, 2005 IP
  4. LaCabra

    LaCabra Goats R Us

    Messages:
    1,954
    Likes Received:
    241
    Best Answers:
    0
    Trophy Points:
    0
    #4
    they are in Canada - i won't post their name just in case things escalate and we find ourselves in court.
     
    LaCabra, Mar 12, 2005 IP
  5. crazyhorse

    crazyhorse Peon

    Messages:
    1,137
    Likes Received:
    19
    Best Answers:
    0
    Trophy Points:
    0
    #5
    I would state there name here for sure so that none of us would have to work with them, if needed. ;) Ask for the reports and move on. Spend your valuable time reading as much as you can on here. BTW if your still going to spend that other 2500 dollars im glad to help you out.

    PS your keywords are those single , two or three word phrases.
     
    crazyhorse, Mar 12, 2005 IP
  6. LaCabra

    LaCabra Goats R Us

    Messages:
    1,954
    Likes Received:
    241
    Best Answers:
    0
    Trophy Points:
    0
    #6
    they are two and three word phrases. I will post the info once things get cleared up. PM me if you would like the info and I can forward my personal opinions.
     
    LaCabra, Mar 12, 2005 IP
  7. Old Welsh Guy

    Old Welsh Guy Notable Member

    Messages:
    2,699
    Likes Received:
    291
    Best Answers:
    0
    Trophy Points:
    205
    #7
    The simple question is'what is in your contract' I would say that they will defend themselves in the court by saying your ranked. You can argue that YOU got the rankings, but they would have a case to say that they never said WHO would get the rankings, just that you would get ranked.

    A difficult one that unfortunately depends on the EXACT wording of the contract.
     
    Old Welsh Guy, Mar 12, 2005 IP
  8. LaCabra

    LaCabra Goats R Us

    Messages:
    1,954
    Likes Received:
    241
    Best Answers:
    0
    Trophy Points:
    0
    #8
    I have kept a copy of their work which, I may seek feedback on comparisons between what they did on our pages and what we did. I think that if I can get enough feedback from other SEOs that inidcate poor optimization on their behalf I should be ok. Anyone up for the task?
     
    LaCabra, Mar 12, 2005 IP
  9. wendydettmer

    wendydettmer Peon

    Messages:
    1,462
    Likes Received:
    70
    Best Answers:
    0
    Trophy Points:
    0
    #9
    Exactly, and that would be part of the problem. Because SERP's aren't black and white all of the time, the fact that you are ranking well know, despite the fact you did it yourself, makes it murky water. It's easy for them to argue that they did it for you.

    It's good that you didn't pay them upfront, and you could try taking them to court, it may be worth it for the 2500. You caught them doing shady stuff with your site (title tags misleading, etc), maybe there is something in the contract that you can get them with on that?

    good luck
     
    wendydettmer, Mar 12, 2005 IP
  10. daboss

    daboss Guest

    Messages:
    2,249
    Likes Received:
    151
    Best Answers:
    0
    Trophy Points:
    0
    #10
    if you have paid them money, they will have to prove that they have done something on their part to deserve the money. if they cannot, i think you should sue them...
     
    daboss, Mar 12, 2005 IP
  11. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #11
    I hate to say it, but you probably shouldn't waste any more money by suing them - especially since they are in Canada. I believe in Canada you must sue in the court in the jurisdiction of the person being sued. It would also depend a lot on what your contract says.

    They could also claim that the changes you made interfered with their results - and how can you "prove" that your increase in rankings came from what you did, not them? You know they would try to take credit for every increase, and blame you for what didn't work. Unless your contract has a prevailing party provision for legal fees, even if you won, you would be out legal fees which could easily be more than the amount in dispute (if the contract didn't allow for small claims, or they don't agree to it). The wording of the contract is going to be everything.

    You could also try a chargeback with a credit card, but many banks will refuse to do a chargeback after 90 days (it depends on YOUR bank's policy). If you used a credit card, I would IMMEDIATELY contact your bank. This would be the easiet way to handle this situation.

    Checking references BEFORE can avoid a lot of dealings with shady companies. Read your contact carefully and pretend you are arguing the other sides case. If you think you have a valid "contractual" dispute, I would suggest calling your local small claims advisor for their free opinion. While you may not be able to sue in small claims court, the advisor can often give you good advice.
     
    mjewel, Mar 12, 2005 IP
  12. anthonycea

    anthonycea Banned

    Messages:
    13,378
    Likes Received:
    342
    Best Answers:
    0
    Trophy Points:
    0
    #12
    You got scammed by a scam artist, even if you win the lawsuit the judgment will be worthless as there will be no money to attach if you can not find assets in the first place. :confused:

    So you will spend money on legal fees to chase money that is lost :mad:

    Cut your losses and move on and learn a lesson, it is the best way out for you at this time.

    You have zero chance of getting any money back, so don't spend more for nothing :cool:

    The chargeback on the credit card is the best idea if you paid this way....
     
    anthonycea, Mar 12, 2005 IP
  13. nfzgrld

    nfzgrld Peon

    Messages:
    524
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #13
    All of this begs a questions: Is there a list somewhere from a reputable source of reputable SEO companies? It seems like almost every other day there is a story here about someone getting scewed by an unscrupulous SEO company. A place people can go to get solid info on good companies would be very helpful.
     
    nfzgrld, Mar 13, 2005 IP
  14. anthonycea

    anthonycea Banned

    Messages:
    13,378
    Likes Received:
    342
    Best Answers:
    0
    Trophy Points:
    0
    #14
    There are experts right here on forum that will help you a hell of a lot cheaper than any "big firm", if you need help contact Compar, he will help you.

    www.compar.com
     
    anthonycea, Mar 13, 2005 IP
  15. mhdoc

    mhdoc Tauren

    Messages:
    840
    Likes Received:
    33
    Best Answers:
    0
    Trophy Points:
    0
    #15
    I agree with anthonycea. In addition, everything connected with a lawsuit is negative, and keeps you from forcusing on the "upward and onward" part of your life. I try to think of this kind of thing as tuition. It's part of your education.
     
    mhdoc, Mar 13, 2005 IP
  16. noppid

    noppid gunnin' for the quota

    Messages:
    4,246
    Likes Received:
    232
    Best Answers:
    0
    Trophy Points:
    135
    #16
    Put $4990.00 of the retainer for an attorney in the bank and send the coop a $10.00 donation.
     
    noppid, Mar 13, 2005 IP
  17. john_loch

    john_loch Rodent Slayer

    Messages:
    1,294
    Likes Received:
    66
    Best Answers:
    0
    Trophy Points:
    138
    #17
    That's actually a very good idea.
    I think perhaps a list of SEO companies, with general commentary from the community. I don't know how practical it would be, but it sounds like a good place to start.

    Perhaps a new thread.. ?

    Cheers,

    JL
     
    john_loch, Mar 13, 2005 IP
  18. flyingkiwi

    flyingkiwi Peon

    Messages:
    104
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #18
    i sued to work for a web company that had a similar battle. If they have promised in b&w top 3 then you may have a case but is there anything about a deliverable date - this can also be an issue? I think the fact you arent getting reports etc is very poor service as an aside and that could become a seperate issue relating to service quality, especially if they had promised ongoing progress reports etc.

    good luck! for future reference NZ is pretty good at SEO and much cheaper with the exchange rate!
     
    flyingkiwi, Mar 13, 2005 IP
  19. SEbasic

    SEbasic Peon

    Messages:
    6,317
    Likes Received:
    318
    Best Answers:
    0
    Trophy Points:
    0
    #19
    If you post the work, I'm sure you will get people's opinions of it... :)
     
    SEbasic, Mar 14, 2005 IP
  20. Solicitors Mortgages

    Solicitors Mortgages Well-Known Member

    Messages:
    2,217
    Likes Received:
    139
    Best Answers:
    0
    Trophy Points:
    103
    #20
    you dont have a leg to stand on. hired in october.....joined the co-op in november....
    undid the changes that were made. You wouldn't get a penny.
    shame 'cos it sounds like they were a bunch of cowboys, and deserved to be sued.
     
    Solicitors Mortgages, Mar 14, 2005 IP