Can I call out a Buyer who scammed me on Fiverr?

[nekochin]

Hi!

I few days or weeks ago I was a victim of a chargeback from a buyer. I have completed and delivered the work a little over a month ago (April) He even said that everything as good when sketches were sent... How do I know it was a chargeback? ... I received an email of Seller protection against fraud (in May), 2-3 orders from this buyer got "cancelled" and their profile does't exist anymore, but through all of these... I had to pay a "debt" caused by the Buyer because of his chargeback and lost $75 from other orders from other buyers. (this might be little but in my country it's a lot)

I want to make a post on my social media calling out this buyer (so a post outside of Fiverr). I have found their channel by searching the text they wanted for their Youtube Thumbnail and through Google reverse search (I made a thumbnail and a few emotes for him and he is using them even tho he did a chargeback) . Just to clarify, this buyer never stated their social nor let me know who they are nor asked me to contact me outside of Fiverr, I made this research on  my own.

Worst thing is that I don't know if this same buyer scammed other sellers from Fiverr (as I saw 4 ratings in his profile before it was deleted - when he ordered with me I was his first order). I know this as I saw he has a logo made (not sure if it was from fiverr) 

So... Just want to know if calling out this buyer outside of Fiverr is not agaisn't Fiverr TOS. as I want to collect all evidence agains't this buyer.

Thanks 🙂

[joyh97]

I've also fallen victim to a chargeback scam in the past, so would be interested to hear about this. On the forum I know it's not allowed, but if it's outside of the site, the person no longer has a fiverr account, and you don't mention fiverr (say, "a freelance site") instead, I really don't see how it could cause issues. That said, I'd need to take another look through the T&Cs to be sure.

[theratypist]

Is the buyer using the content or work you produced? Because if they aren't, is it worth your energy calling them out... when as you mentioned:

8 hours ago, nekochin said:

buyer got "cancelled" and their profile does't exist anymore

Their profile doesn't exist anymore.

How will you call them out without mentioning the name Fiverr?

Also, is it not them being your client also by default... confidential?

Anyway, that is a slippery slope you are going into. The safest answer you should rely on is Customer Support because their answer is the official one. 

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Fiverr will not be protected by our Terms of Service.

[nekochin]

3 hours ago, theratypist said:

Is the buyer using the content or work you produced? Because if they aren't, is it worth your energy calling them out... when as you mentioned:

Their profile doesn't exist anymore.

How will you call them out without mentioning the name Fiverr?

Also, is it not them being your client also by default... confidential?

Anyway, that is a slippery slope you are going into. The safest answer you should rely on is Customer Support because their answer is the official one. 

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Fiverr will not be protected by our Terms of Service.

As I mentioned. He IS using my work till this day. 

I don't think I'll be using nor mention his fiverr user, but use the chat or bits showing that I did the work (sketches)  
Again, as I mentioned before. He NEVER provided me his prive info (like social media). I did my own research by google reverse searching the work I did for him. So me knowing his Youtube channel it has nothing to do with Fiverr as he never gave me this info. 

 

Tho I will be messaging CS, just wanted to ask in the forums first because sometimes CS have lack of reading comprehension.

[surajkartha]

9 minutes ago, nekochin said:

As I mentioned. He IS using my work till this day. 

I don't think I'll be using nor mention his fiverr user, but use the chat or bits showing that I did the work (sketches)  
Again, as I mentioned before. He NEVER provided me his prive info (like social media). I did my own research by google reverse searching the work I did for him. So me knowing his Youtube channel it has nothing to do with Fiverr as he never gave me this info. 

 

Tho I will be messaging CS, just wanted to ask in the forums first because sometimes CS have lack of reading comprehension.

Since he has charged back on you, he technically doesn't have the ownership of the work you did for him anymore (unless there are any other copyright provisions preventing you from being the rightful copyright holder of the work you did for him), and hence, you might want to serve them with a DMCA takedown notice.. If you know for a fact that Youtube is where your work is being used, you might want to report the infringement to Youtube directly...(https://support.google.com/youtube/answer/2807622?hl=en)...

Disclaimer: I am not a lawyer, and hence this should not be construed as legal advice.

[Guest lloydsolutions]

12 hours ago, nekochin said:

(I made a thumbnail and a few emotes for him and he is using them even tho he did a chargeback) .

Ownership

Ownership and limitations: When purchasing a Gig on Fiverr, unless clearly stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. 

The above is from the Terms of Service at the bottom of the Fiverr main page.

[theratypist]

5 hours ago, nekochin said:

As I mentioned. He IS using my work till this day. 

That wasn't clear until you edited the text of your post. I asked because you can do a DMCA takedown as @surajkartha said, many Fiverr sellers have done that when their work was used and a chargeback happened.

The details of how you plan to call them out is vague, because the process of DMCA is different from lets say posting about them on a social media account.

I am also aware that you found the YT channel without them providing such.

5 hours ago, nekochin said:

Tho I will be messaging CS, just wanted to ask in the forums first because sometimes CS have lack of reading comprehension.

Of course, you are free to ask opinions here. But only CS statement is considered official, no matter what they will or will not say.