How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26774
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I own a psychic related website which has misrepresented itself

Customer Question

I own a psychic related website which has misrepresented itself by giving a false name and false information about myself. My services are real, however, the name and age is fake. Now someone wants to sue me. Not because of the service itself, but there was a mixup in getting the customer's refund back. I can give more details.

I offer a 60 day guarantee, and because the customer misspelled their email when purchasing, I had trouble finding their transaction. They hired a lawyer who demanded $25,000 in 'pain and suffering' over getting the refund. I finally found the transaction and refunded the $30. They want to report me for fraud and sue me. They live in Canada and me in the USA, how likely is it that this could go far? I am more concerned about the fraud part.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 3 years ago.
Does your name have any real bearing on the service or were you just using it as an alias? In other words, did you use a name that led people to believe you were someone famous or well known?
Customer: replied 3 years ago.
I used my gf's name and said I had 25 years experience. She is not famous at all, and I do not have that much experience.
Expert:  Dwayne B. replied 3 years ago.
The 25 years experience is an issue then, the name not so much. They can probably succeed in a fraud claim against you due to the misrepresentation as to experience, although if you don't tell them I'm not sure how they could ever prove you haven't been a psychic for 25 years since you would be the only one to know that. In addition, if the lawyer is from the US threatening a criminal prosecution if you don't settle is a violation of a lawyer's code of ethics. Another issue is the damages. It will be hard to prove that they were damaged by your "advice". You may want to have a lawyer review your website for potential issues and cover your bases by putting disclaimers in there like "this is for entertainment purposes only" etc.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 3 years ago.
Sorry, I just have a few more questions.

The lawyer that is pursueing this, as well as the customer, are both from Canada, I am from the USA. From what I heard, over something so minor, it really will not go anywhere. She purchased a service for $30, which she has received a refund to.

I already have disclaimers all over the website that says it is for entertainment purposes only and that my service are not to be substituted for professional services or advice and that I cannot be held responsible for any damages.

I am 27 now and the website has been open for 3 years, so as you can see it is a problem to say I have had 25 years of experience. However, I did realize it was wrong, so I removed all of that information from the website, as well as my gf's name about 2 years ago. Unfortunatley, there was an article online "exposing" me and this client found it.

I am worried about the fraud charges, what kind of penalties, if any, am I facing and how realistic is it that this will go all the way?
Expert:  Dwayne B. replied 3 years ago.
It is unlikely it will go any further if they are both from Canada. As I said the issue about 25 years of experience is a problem, but using the GFs name isn't a big deal since many people use an alias online. It is also not likely that you would be prosecuted since you gave her the money back and since the information was removed so long ago.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.