T-Shirt Forums banner

Ripped Off By Printing Company, What To Do?

1 reading
9.3K views 49 replies 20 participants last post by  GN  
#1 ·
I placed an order with a company that is near the San Diego area, I don't want to release the name right now but will if they don't respond. I sent them $710 for 250 custom printed gold foil polymailers and 50 Black American Apparel shirts printed with 2 colors. I ordered on the 7th of December, it is now the 12th of January. His initial email to me said it would be done in a week max. Then comes the delay says the Friday at the latest. Since then he has been saying the place has been busy and my order somehow got put on standby. I have sent him 5 emails since the 6th of January up until today and I have not received a single response. I was able to find all of their information such as address, phone number name and all that information should I need to have a lawyer send them something. I have filed a Paypal dispute around an hour ago, is there anything else I should do? What should I be prepared for in the event that I need to file a lawsuit? I used this company because someone else had a good experience with them and the product was great.
 
#4 ·
I have filed a Paypal dispute around an hour ago, is there anything else I should do? What should I be prepared for in the event that I need to file a lawsuit? I used this company because someone else had a good experience with them and the product was great.
Paypal should help you with everything, get a timeline together starting from the the first day of the order and your responses, phone calls, and all communication in a timeline format

Download and save every email in a .pdf format, dating each one and compress the file and PayPal will tell you where to send it.

The faster you send this the faster you will get a response. You need to make sure you are "seller eligible" meaning you verified all your accounts and addresses.
 
#12 ·
First of all the BBB can't make a company work with the consumer, they can only "ask" the company to work it out. The BBB is not affiliated with federal, state, or local government, and has no direct affiliation with any consumer protection government authority. The BBB is a privately held corporation and has no governmental authority over businesses. Soooo the company can tell them to take a hike and there is nothing the BBB can do about it. They may give that company a negative rating but at this point do you think they even care?

Also I just have to mention those jokers got busted for letting companies buy A+ ratings, do anyone even trust them anymore? I will on occasion look to see what the ratings are for a particular business I no nothing about but when the poop hits the fan the BBB is the last place I will call. Call an Attorney! The threat of a lawsuit will get the ball rolling faster than the BBB.

To the poster - You have done the right thing so far. You filed a claim with Paypal. I can tell you that Paypal has already removed the funds from this persons account. This has happend to me twice. Customers filed a claim with Paypal, I received an email from Paypal informing me of the claim and each time the funds were removed from my account. (It was still there but not available for me to use. It showed pending or dispute next to it but I can't remember which) I had to provide Paypal with documentation that the items were shipped. I uploaded the UPS tracking numbers which showed the packages were delivered and I won both cases. Now at the end of the 10 days, Paypal did not release the funds I actually had to call them to see what the hold up was, but once I got them on the phone they released the funds immediately.

Hope things work out for you.
 
#14 · (Edited by Moderator)
This is a lesson to all of us. From a legal perspective, if you have written verification of delivery date, most courts would construe it as a contract (within reason). Verbal contracts have no validity in court.

If you suffer damages (i.e., you receive the t-shirts way after the due date and they are rendered useless), you can file suit in civil court. If you believe they have outright stolen from you, there may be an option to file a criminal fraud complaint (although you probably would NOT get remedy because it's the state versus the defendant, not the plaintiff versus the defendant). A criminal charge, however, might be enough to get them to respond.

In IL (and states can differ so check out your state's website) if you sue someone in civil court, they must first be served by the sheriff, special process sever, or (after the sheriff fails) by certified mail. In a criminal court case, typically a standard mail notification (sent by the court system) is enough to compel presence in court. If they fail to show up, a warrant is issued. If you fail to show up, the case is dropped.

The nice option for you would be to file--IF POSSIBLE--a criminal complaint. If it's legit, it's free to you, and it would cost the defendant way less to reimburse you than to hire criminal defense.

This sucks, but I snicker a little. My company offers a one-off, print-on-demand, drop-ship to the consumer fulfillment program. We also have a shopping cart solution. There are many options & variables within each program. Each offering comes with a unique contract that establishes roles, responsibilities, turn-around time guarantees, etc. Clients sign the contract(s) before we provide services.

Here's the kicker: some clients can't understand why we can't simply print-and-ship. This is the exact reason why...exception management. In other words, always make sure there is some written agreement...a quote, invoice, etc...that specifically sets-forth the rules of the game--even if it's a one-off job.

Whatever happens, I agree that you should at a minimum file a complaint with the BBB.

Best wishes.
 
#15 ·
This is a lesson to all of us. From a legal perspective, if you have written verification of delivery date, most courts would construe it as a contract (within reason). Verbal contracts have no validity in court.

If you suffer damages (i.e., you receive the t-shirts way after the due date and they are rendered useless), you can file suit in civil court. If you believe they have outright stolen from you, there may be an option to file a criminal fraud complaint (although you probably would NOT get remedy because it's the state versus the defendant, not the plaintiff versus the defendant). A criminal charge, however, might be enough to get them to respond.

In IL (and states can differ so check out your state's website) if you sue someone in civil court, they must first be served by the sheriff, special process sever, or (after the sheriff fails) by certified mail. In a criminal court case, typically a standard mail notification (sent by the court system) is enough to compel presence in court. If they fail to show up, a warrant is issued. If you fail to show up, the case is dropped.

The nice option for you would be to file--IF POSSIBLE--a criminal complaint. If it's legit, it's free to you, and it would cost the defendant way less to reimburse you than to hire criminal defense.

This sucks, but I snicker a little. My company offers a one-off, print-on-demand, drop-ship to the consumer fulfillment program. We also have a shopping cart solution, Garment Deli. There are many options & variables within each program. Each offering comes with a unique contract that establishes roles, responsibilities, turn-around time guarantees, etc. Clients sign the contract(s) before we provide services.

Here's the kicker: some clients can't understand why we can't simply print-and-ship. This is the exact reason why...exception management. In other words, always make sure there is some written agreement...a quote, invoice, etc...that specifically sets-forth the rules of the game--even if it's a one-off job.

Whatever happens, I agree that you should at a minimum file a complaint with the BBB.

Best wishes.
They told me that the shirts would be done by the Friday after I had ordered it and all that stuff is time stamped so that should be valid in case I do have to take it to the courts. I will look into filing a criminal offense against them, I have warned them multiple times but they are ignoring me completely now.
 
#16 ·
Best wishes. It's not a simple situation, and it will require your time and emotional energy. If it's worth it to you, then you should definitely examine your options. Again, criminal court won't get you a legal remedy because it's the state versus the defendant. But the threat of a criminal charge impacts many decisions and he may offer to settle up if you drop charges. Be careful to do plenty of research before you file anything, though.

Remember the O.J. case. He won in criminal court (i.e., he didn't go to jail), but he lost in civil court (he owed the family $25MM).
 
#19 ·
One thing I wanted to add to my last post but forgot ... Is it a common practice to add a penalty clause to any order to avoid such a situation in the future? By penalty clause I mean spelling out a certain date that the printer must complete the order or there will be financial penalties such as 5% deducted etc. Or withhold final payment till the job is complete.
 
#22 ·
Interesting question. It's certainly common place to add a "late payment fee" if someone pays after the established terms. I think, though, you're speaking of a penalty clause whereby your cost is discounted if the delivery is late.

Corporate America simply calls that a performance-based (dis)incentive. In our case, our print-on-demand shirt fulfillment program doesn't use it because clients are put on legal contracts and credit terms. Other stuff (screen printing & embroidery) is normally "one and done" and we certainly don't outright offer a discount if we're late. We'd entertain it, though, and I assume other companies would (at least to build goodwill), so at least from our perspective there's no harm in asking.

Anyone agree? Disagree?
 
#23 ·
"performance-based (dis)incentive" ... I like the term. I know this is used often in the construction sector, and it's something to be considered. But for sure I don't think anyone should make full payment till the order is all done.
 
#25 ·
Sorry to tell you this, but the police won’t be able to do anything for you most likely because this is considered a civil matter (a private business transaction that’s gone bad). Not knowing the exact circumstances, I couldn’t tell you for sure.
 
#32 ·
BBB is a joke. Many businesses could care less. Google Wolfgang Puck BBB

Have you tried call them? Perhaps from another number so that they think you are a new customer? Exhaust all the options... Getting thing going with Paypal is great. But don't overlook the possibility that they aren't getting your emails. This doesn't excuse why your product is late, but you don't want to raise all kinds of hell only to find out they've been trying to contact you, death in the family, etc. Remember you are probably dealing with a small business and "life happens".

Once you've established that they are truly screwing you...push forward with Paypal. Paypal generally sides with the consumer. In this case, it's a good thing. For a business owner, it sucks because Paypal will generally rule against the business EVEN when they are in the right. Trust me. I got screwed big time and I was 110% in the right AND had documentation to back it up.
 
#37 ·
Hi,

I am t-shirts manufacturer in Sialkot, Pakistan. I sent some embroidered and printed t-shirts, polo shirt samples to my customer. He washed them and all printing gone.

Can u ppl guide me, which is the best company for water paste ink???

Thanks,
J. Mir