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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 101395
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Shopify is a Canada company. I sold an item on Shopify

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Shopify is a Canada company. I sold an item on Shopify store. Shopify knew about the high risk of this transaction the same day as the order came in. They said that they sent me an email to inform the risk. But I never got the email. There was a risk factor along with the transaction and it showed low risk even after the charge back occur.I called later to inquire about the deposit of the money to my checking account from this order. I was told about the charge back. They forwarded me the email that they claimed they sent it on the same day as the order. I noticed the date in the time stamp of this email was a date long before the order date. This is why I never received the email.I think Shopify should be responsible for this charge back lost. 1. They did not send the email to inform me on time. 2. Their risk factor is false advertise.I would like a lawyer to write a demanding letter to the CEO of Shopify. How much would that cost? Do I have any legal right?

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am a lawyer in Canada but the lawyers on this site cannot send a letter for you.

I can explain the law and also suggest how to find a lawyer if you let know your province.

Should I go ahead?

Customer: replied 4 months ago.
I am not in Canada. I would like to send the CEO of Shopify a letter pointing out the two mistakes that his company made and hopefully that is enough for them to reimburse me the money. From googling , I see that they are not responsible for many sellers' chargeback. There are lots of sellers suffer from chargeback on Shopify stores. I have never suffered any charge back loses selling on amazon or ebay for about 10 years. And I only had about 18 orders on Shopifyl.
Customer: replied 4 months ago.
I am in GA.
Customer: replied 4 months ago.
1. The time stamp on the warning email is a wrong date before the order's date.
2. Risk indicator on Shopify showed low even after the chargeback.Question: Will these two factors be enough to win in a small court?

I believe that you have a good chance at winning your lawsuit. The reasons why is that you relied on them and their risk indicator.

And you also relied on their system which would mean if there was a higher risk you would be warned.

Had their risk indicator been accurate and had they sent you the warning email you would not have gone ahead.

So it would make sense to have a lawyer in your city send them a letter threatening a lawsuit. The hope is that this one letter will be all it takes.

Otherwise you could sue but the lawsuit would have to be where they are located. You would not have to attend in person as in most cases courts allow for telephone conferencing or webconferencing for out of jurisdiction litigants.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
Thank you for the answer. Now I feel that I will like to place a call with you to get the following answer:
1. How do I go about finding a lawyer to write that letter?
2. Can I demand Shopify pay for not only the chargeback lost but also the fees that I pay for Justanswer as well as the lawyer who will write the letter for me.
3. If Shopfy refuses to reimburse (They should have done so for good business practice. But they are so busy and they even ignore my emails after their cold reply to my earlier emails regarding to this issue. ), how do I go about finding a Canada lawyer to file the small court on my behalf so that I don't have to go to Canada. Can the cost be paid by Shopify if they lost?
Customer: replied 4 months ago.
The charge back is a little less than $1400. What about class law suit?

Do you know where their head office is?

And when you look at the agreement you likely had to click on to use their site does it talk about which jurisdiction's law applies?

Customer: replied 4 months ago.
I am out of time on this matter today. I will take a couple of days to read the agreement. Then I will call you to learn how to write this letter myself first before I find a lawyer. I really want to know if it is possible for a class law suit because there are so many sellers get hit by chargeback using Shopify payment. Sellers just choose to keep selling on their site instead of getting help with law because they are so busy and have no knowledge. Thank you and will call in in a couple of days.
Customer: replied 4 months ago.
The risk indicator has since changed now. They don't give rating any more. They simply say that the address of the delivery and billing are the same or not. I have proof. They changed it because of the liabiaty, I think

I am sure you are right.

I will be here when you need me.

The site will send lots of emails asking you to rate me. They are not actually coming from me.

You can rate me now or later. The post will not lock either way.

You would need to find a lawfirm in Canada that believes this is a huge money maker for them or no one would take this on.

Is there anything more I can help you with at this point in time?

Customer: replied 3 months ago.
I am not sure if your answers helped me. But you did answer.

I am asking because when this question to sits unrated it harms my stats.

I hope I helped a bit and am certainly willing to help more of course. But of course what we can do online when I am not your lawyer is limited.

Customer: replied 3 months ago.
I am sorry about it. I needed a few days to work on it. I don't feel like to pay $39.95 simply I got the same answer as your for free by talking to this Canada lawyer. I am ok to pay you half the charge because you did spend time to type your answer.

I don't work for the site. I am a practicing lawyer and I just log in and answer questions that I see on a list.

I have no idea what you paid or how you can get a partial refund. Please contact customer service.

I am a Canadian lawyer and if you wanted free advice you really should not have used the site because now I am going to end up being harmed because I tried to help you. I would respectfully ***** ***** from now on you do read the Terms of Service before using a site. Just because this is anonymous and over the internet there are still people who are affected by your actions and while I am sure you had no intention of harming anyone my stats are now going to be harmed because the site will consider that I was not responding well enough.

Anyway, I hope you can work your issue with Shopify out.

Customer: replied 3 months ago.
I don't mean to do any thing bad to you.
My question is that if you would write a letter and for how much? Your answer is no because you could not do so being on this site. I think this should made known before I had to pay to ask.
I could call any law firms and ask for the price of writing a letter for free. I called one lawyer from Cananda he did just that. He told me the chance of any result, the price and it was free.
I will call the customer site now.
I do apologize for any trouble.

The site makes it abundantly clear that we provide general legal information and not advice and that no solicitor-client relationship is formed. You clearly didn't read the TOS and disclaimers.

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