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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33102
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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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: 6 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 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 6 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 6 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 6 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 6 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.



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