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Zoey_JD
Zoey_JD, Criminal attorney
Category: Fraud Examiner
Satisfied Customers: 23543
Experience:  Active member of the NYS bar since 1989
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Back in November of 2015, A company called Magers Blogging

Customer Question

Back in November of 2015, A company called Magers Blogging contacted me about setting up an Amazon Associate web site. I paid them several hundred to set the site up. For the past 2 months the site has been non functional. I paid for a fully functional site. Right all now customers cannot order on the site because they have no way to browse and view the products such as apparel, automotive, electronics, tools, video games & more. They name of the web site they built for me is www.daniesbestshop.com. When I inquire about the problem they give me excuses such as the server is down or they are working on a new system and put me off. On top of that they say they can't refund my money because the contract has past 3 days. If they are not fulfilling their part, they should refund my money. What recourse do I have?
Submitted: 6 months ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 6 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 6 months ago.
Do you have a copy of the contract please?
Expert:  Ben Jones replied 6 months ago.
Sorry I have noticed you are US based and this is outside of my area, I will opt out and a colleague who can help will get in touch soon, thanks
Expert:  Zoey_JD replied 6 months ago.
Hello, Amazon has an affiliate program, and it is free. While you would certainly have to invest separately in a blog or a website to make a success of at being an Amazon affiliate, there are companies that are not part of Amazon that are exploiting Amazon's name and charging unnecessary costs and/or doing substandard work. It would appear that you may have been involved with one of them. The WHOIS for www.daniesbestshop.com tells me that this domain name has never been registered. So I doubt that they have done anything at all, but I do know you cannot launch a site if there's no domain to direct it to. It looks to me, unfortunately, as if you may have been scammed here. According to the Texas Secretary of State, Magers Blogging is a new company that is almost exactly 13 months old. It's address is virtual rather than actual. Their own website is, frankly, quite unimpressive. The Better Business Bureau is aware of this company. On their rating scale from A to F, they give this company a D+. They are not responsive to customer complaints, which is the reason for the low rating. You can read the review, rating and the complaint here. While they do have a refund policy saying you can change your mind within 72 hours, they have breached their contract with you by not performing what they promised. You have remedies you can exercise. Since the company would not help you to resolve your problem, there are other steps you can take. If you charged the fee to your credit card you can contact them and see if they can issue you a chargeback on the basis that the company did not give you what you bargained for. If it is too late to get a chargeback from your card carrier, you can contact a lawyer and ask him to write a strong letter, referencing the company's failure to make good on their promises, their breach of contract, and their fraudulent and/or their deceptive marketing policies and threatening all appropriate legal action if they will not refund you. You don't have to hire the lawyer for more than the letter right now. Even if you never go on to sue, sometimes a letter from an attorney would be enough to bring about some kind of a settlement, because a suit in the US for deceptive marketing and trade practices can be very expensive for a company, resulting in triple damages if they lose. It would be very much in this company's interest to settle with you out of court. From there, if that doesn't work, you can reach out to the Better Business Bureau and lodge a consumer complaint against the company. You can do that right on the BBB's website at bbb.org. The BBB will try to intervene on your behalf and to resolve your problem if the company is willing to work with them. Not only that they will do it for free. If you have to, you can also involve the various US government agencies that protect consumers by filing formal consumer complaint reports. You would want to file one with your State Attorney General's Office, for example. Finally, you can involve our Federal consumer protection regulatory agency, the Federal Trade Commission by filing a similar consumer complaint with them, at FTC.gov. The government agencies will not usually intervene on any one person's individual situation. But when these last two agencies get enough complaints to see a pattern and practice of unethical business dealings they can, and do step in. They haul the company into Federal court where the companies usually settle for enormous fines and heavy government sanctions. The money the government collects is distributed among those defrauded by the company. So even if it takes a while, you want to file these complaints. You also can hire a consumer right's lawyer and sue for fraud or breach of contract, and one might be willing to take the case on contingency, meaning that you would only pay the lawyer if he wins your case or gets a settlement you approve of. Then he gets about 40% of your award. Alternatively, if the amount you have paid them is small enough, you could file and sue them yourself in small claims court and demonstrate how they repeatedly failed to honor your contract with them. Those are your civil law options.
Expert:  Zoey_JD replied 6 months ago.
Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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