Review Extortion and Blackmail Determined to ...

52791677 · ‎08-31-2018

This is important for all Upwork users to be aware of before engaging in any work on Upwork and before giving your hard earned dollars to this organization:

I had a freelancer develop a website for me. He was paid over $9,000 and I gave him 5 star reviews. He did more work for me later but became unresponsive on numerous issues and so I ended the last contract and rated him a 3.75 stars due to a 0 star for communication and 5 star on everything else.

Turns out, the code he used for a part of my website was stolen and was malfunctioning. No one can provide support for stollen code so I asked the freelancer to fix his work. He said he would not help me becuase I gave him a bad review (3.75 stars). He said the only way he would fix his own work in this area would be if I can get Upwork to allow me to raise my review on him. But without that, he won't help (see attachment). This is extortion, i.e. refusing to take any type of action unless you give a high review. He would have been fine to just have told me, "no, I won't do it." He would be within his rights. But when he tells me he won't do it unless I give him a good review, that's extortion, and it hurts the integrity of the review process on Upwork that so many people depend on.

This correspondence was all done on Upwork messaging and I sent those screenshots of his conduct to Upwork security, along with Shopify stating that he stole code and that they couldn't help me. Upwork security told me they will take no action.

So, Upwork has determined that review extortion is an acceptable practice on Upwork.

After knowing this, how can any customer feel comfortable giving a review of anything less than 5 stars knowing that the freelancer can then extort you for that later. Also, how can anyone take the reviews of a freelancer seriously knowing that they can work the Upwork system and extort their way to high ratings<

I have asked security for Upwork's policy on review extortion and they have not provided it yet. I'm still waiting. But it appears clear that Upwork has no policy on review extortion, and is also completely fine with it. So now I have to try and find a way to reopen my review of this freelancer so I can give him a 5 star review so he'll fix my website. And unfortunately, all other potential customers out there will not know who this guy really is and become victims themselves later.

Very sad and scary, Upwork.

**Edited for Community Guidelines**

petra_r · ‎08-31-2018

@rubicon C wrote:

Turns out, the code he used for a part of my website was stolen and was malfunctioning. No one can provide support for stollen code so I asked the freelancer to fix his work. He said he would not help me becuase I gave him a bad review (3.75 stars). He said the only way he would fix his own work in this area would be if I can get Upwork to allow me to raise my review on him...
(snip)
But it appears clear that Upwork has no policy on review extortion, and is also completely fine with it.

No, Upwork isn't OK with it and there are policies against Feedback Extortion.

Personally I would report the freelancer with evidence and leave it at that. I would **NOT** change the feedback to 5 stars.

The freelancer should be fixing **HIS** mistakes anyway, especially when it comes to stuff like stolen code (if that is true.)

Personally I'd not let someone like that loose on my code again and, if given the opportunity to change feedback, CHANGE it. DOWNWARDS with the "feedback extortion" and "stolen code" bits clearly mentioned.

Then I'd hire someone else to fix the issue.

52791677 · ‎08-31-2018

I agree with you in principle, but this is my business and I need that thing fixed without getting hosed by another freelancer. I sent a lot of evidence to Upwork on this issue but they said they will take no action. So they are okay with it; they are okay with people using feedback as a tool and as leverage to get what they want.

It's a shame, but that's Upwork's stance.

kochubei_valeria · ‎08-31-2018

Sorry to hear you've had issues with a freelancer you hired. I don't see the communication with Upwork team you are referring to so I'm going to have one of our agents contact you directly. Unfortunately, we can't discuss the details of a contract and private communication here in the Community, but we'd be happy to assist you in private.

Thanks!

~ Valeria

52791677 · ‎08-31-2018

Thank you, Valeria. The Upwork ticket and communication with Upwork security is on my personal Upwork account, and this is my corporate account. I did not want to post about this using my personal Upwork account for fear of retaliation from that freelancer who only knows my personal Upwork account name. But he also now knows all my dba business name, details, locations, social media locations, Yelp, etc. He can easily sabatoge my business if he finds out. I will await a response from Upwork still and hope this can be remedied.

I also just searched this freelancer's previous reviews and found another person identify him for attempted feedback extortion when he stated in his review of the freelancer:

"I asked him for a refund and he said only if I gave him a five star rating," December 2017, $1,545 job (see attachment screenshot).

52791677 · ‎08-31-2018

So Upwork removed the screenshots of the correspondence I attached on my original post. I thought they were within forum policy since I kept everything anonymous but I guess not (sorry). Please let me quote what was said (keeping everyone anonymous) so other users can come to their own conclusion through this type of transparency:

[It looks like I can't post the transcript of the communication with the freelancer according to Upwork's forum rules so I took it down. I'm just looking for transparency and accountability. I feel I would have been able to avoid this freelancer is there was a better process of accountability for this type of conduct and for disrupting the integrity of the review process]

[However, this is a public review so I believe I can post it]...

In addition, on December of 2017, another customer of this freelancer wrote a review stating:

Stay away from this guy - did pretty poor quality design work on my board deck design and charged way more hours than appropriate for such. No typography or layout skill. I'm guessing he just outsourced this to someone charging $5 hr. I had to cancel and find a new designer. I asked for a refund (even partial) and he said only if I gave him a five star rating. Avoid.

So far, Upwork finds these actions acceptable.

kochubei_valeria · ‎08-31-2018

Could you please send more details to our team via the support ticket that has been created recently? You can share the details of the account you used to hire the freelancer and the Contract ID # via that ticket. We'd like to follow up on your report and assist you further.

~ Valeria

52791677 · ‎08-31-2018

Hi Valeria,

Thank you much, I just received the request and am responding now.

Thanks again.

bobafett999 · ‎08-31-2018

Just curious, how do you know that the code was stolen?

If he got the code from github, codepen or greensock or many other open source sites it is free to use for personal and commercial use.

The caveat is that those codes do not come with any guarantee. So unless the FL you hired is smart he can't fix it.

Now if he dangles feedback in lieu of refund he is not only dumb, but unethical as well.

52791677 · ‎08-31-2018

Hi Prashant,

Good question. The conclusion was reached by Shopify, actually. They investigated the matter thoroughly and reviewed my theme code. They told me that the Menu app in the code attached to the theme was not an authorized use of it because the actual Shopify app was not installed. Shopify used the term that he, "hijacked the code" (I submitted a copy of this Shopify email to Upwork too). It's on this basis that Shopify and the their app developers, have no responsibility to provide support, and it made me completely dependent on this freelancer who installed it as a result.

However, I feel this element is more of a side issue, but it illustrates the integrity and character of this freelancer, and also the desperate position it put me in because it made me completely dependent him. He then used that desparation and dependence to try and force me to change a review on an unrelated job review for him.

Also, he did not discuss with me or show any concern for why I actually rated him 3.75 on that review, and rated him 5 stars on every other review for him. The integrity of my review, and the Upwork rating process, appeared to be of no concern to him. I think he feels the Upwork rating process is to used as a type of currency and tool to force people to do what he wants - my opinion.

I just hope Upwork puts an end to it. I will still have a lot of jobs to hire for, but right now I'm afraid I am not protected all.

Thanks,

RC

petra_r · ‎08-31-2018

@rubicon C wrote:

Good question. The conclusion was reached by Shopify, actually. They investigated the matter thoroughly and reviewed my theme code. They told me that the Menu app in the code attached to the theme was not an authorized use of it because the actual Shopify app was not installed. Shopify used the term that he, "hijacked the code" (I submitted a copy of this Shopify email to Upwork too). It's on this basis that Shopify and the their app developers, have no responsibility to provide support, and it made me completely dependent on this freelancer who installed it as a result.

To be honest (leaving the clear feedback extortion and unprofessional behaviour of the freelancer aside for a minute) that is not the same as "stolen code!"

If you tinker with / modify any product (be it Shopify or a Porsche car or an iPad) by using third party or custom made parts / add-ons / modifications, you invalidate the manufacurer's guarantee let them off the hook when it comes to Support.

That does not necessarily mean the modification was stolen and making public accusations of theft may not be the smartest thing to do. Two wrongs do not make a right.

52791677 · ‎08-31-2018

I'm sure people can debate the code issue thing all day, but it's not really relevant to the core issue as the only purpose of entering that into the discussion was so that readers, and Upwork, would know why I had to go back to this freelancer for help. Shopify has a right to their opinion and conclusion, just as the freelancer and forum readers have a right to theirs. The freelancer's identity is not revealed here, so there is no damage to him in regards to making Shopify's statement public.

-RC

petra_r · ‎09-01-2018

@rubicon C wrote:
I'm sure people can debate the code issue thing all day, but it's not really relevant to the core issue as the only purpose of entering that into the discussion was so that readers, and Upwork, would know why I had to go back to this freelancer for help. Shopify has a right to their opinion and conclusion, just as the freelancer and forum readers have a right to theirs. The freelancer's identity is not revealed here, so there is no damage to him in regards to making Shopify's statement public.

My point was that Shopify said "hijacked" -no "stolen" 😉

The fact that the freelancer demanded a 5 star feedback to fix something which you say was their mistake is one issue, and an issue that Upwork does regulate against and will not tolerate if presented with the evidence. It may take some pushing on your part, and the freelancer getting sanctioned will not fix your code or your website. It will also not improve the freelancer's willingness to work with you again, and if it's been more than 30 days, you are outside the time window to dispute.

Claiming that the code was "stolen" is another.

52791677 · ‎09-01-2018

Hi Petra,

I understand. As for any future relationship with the freelancer, I have given up on that and wouldn't let him do work for me if he paid me to do it. I won't even let him fix the menu at this point as I don't trust giving him access to anything, nor do I want a refund as that will be too hard of a battle and not worth a few bucks relative to the approx. $12,000 we already paid him.

At this point, it's just about accountability and someone getting his attention, hopefully through some type of reprimand, that the way he's conducting himself is unacceptable. In addition, my partners and I want to see how Upwork handles this so we can determine if there is protection for customers, and accountability for wrong-doers. Without both of those, I doubt we can continue using Upwork. Right now, we are concerned that if this type of blackmail, even on a small level like this, is determined to be acceptable by Upwork then we would not feel protected here. It also would mean that a much larger blackmail scheme can be launched against us through this site, and potentially cause very serious harm to our business.

However, I want to give Upwork time to re-review this issue and hopefully reach a different conclusion than "no action". They are still working on it and we are waiting for their response to determine our next step, if any.

Thanks

RC

martina_plaschka · ‎09-01-2018

If your concern is that the freelancer can't identify the identity of your messages on this board just by using a different account name, that will not work. If he is a community user, he will have identified you already by the content of your messages, correct?

52791677 · ‎09-01-2018

Yes Martina, unfortunately that is correct. But I'm working in the realm of probabilities, not certainties. If my name is attached to it, it would stand out much more and could get his attention through a casual scroll through threads, or perhaps it's linked to my profile in some way (I don't know how this works). I've also had my online reviews of businesses and forum posts where I used my real name end up showing up in the top 10 Google searches when searching my name. So using my name here seemed unwise, but I also understand I'm still not fully concealed.

Keep in mind, I tried handling this discretely through Upwork support/security but they initially told me they would take no action on it. So I went public with it to get a pulse on what others thought and to see if there was anything else I could do. I may have trolled Upwork with the thread title a bit, but I was pretty shocked when they said they would take no action on this type of conduct. I wanted other people to know of the decision so they could be informed of how Upwork deals with these things.

I'm a big proponent of transparency both in government and corporations since they tend to have a big impact on the lives and livelihoods of the average person.

-RC

52791677 · ‎09-05-2018

So Upwork reached their conclusion on my complaint for the second time and again Upwork has determined this conduct is acceptable and that they will take no action.

So, despite all the outrage here, and from customer service reps. I chatted with on this matter, the Upwork decision-makers determined that using the rating system to try and force people to do things against their will is acceptable (he told me to change my review of him on a different job or he will not help fix his previous work I gave him 5 stars on. He did not debate or discuss the merit of the review, he was just using a situation to try and force me to change it, whether it was truthful or not). Upwork is fine with this.

Why should you care?

1) If you're a customer looking for freelancer, you now know that the ratings given to a freelancer may not have as much value to them because freelancers can "work the system" and extort better reviews out of people that are not accurate reflections of their work and business dealings. This freelancer I have problems with curretnly has extremely high ratings on Upwork, and despite him attempting to extort higher reviews from at least two people, Upwork has done nothing, and so this freelancer "appears" credible and good. So be warned about the quality of the ratings and their value before you engage with folks on this site.

2) If you are a freelancer who engages in hard work and integrity, you should be appauled at this decision because it means the value in the rating you have worked hard to earn has now been marginalized. It means that your honest high rating is on the same level as shady dealers using extortion tactics to get the same reviews you've obtained through hard work. It also means that your customers will then treat you differently and be more untrusting of you, making your job more difficult. It also means the pool of high-rated freelancers will be saturated and more competitive because the "noise" and the bad-actors are not being policed effectively by Upwork.

I'm waiting to see if Upwork will be transparent and provide me with their policy on this matter, and how they based their two decisions on that policy before we determine our next course of action.

-RC

tta192 · ‎09-05-2018

You're spending too much energy just to "get even" with a freelancer who refused to work with you. Yes, it was their previous work you needed fixed, but that's irrelevant; it would have been a completely different contract.
Very few freelancers (none?) would accept further work from a client who left them a low feedback. That’s just the way it is.
Had the freelancer - during the project - asked you to make the payment and leave a 5-star feedback in order to release the work, then that would have been a serious problem. But refusing further work cannot be interpreted that way(maybe just a little, but not to warrant closing their account or similar).
You should focus on two things: one is finding someone who can fix your problem, no matter who “created” it; second, make sure to check the work in more detail before signing it off.

52791677 · ‎09-05-2018

I'm sorry you feel this about "getting even". This is about preserving the integrity of the rating process and holding bad actors accountable. And this is not in regards to having him do "future work" it's about getting him to fix his previous work I paid for, and gave him a good review for.

You have completely misrepresented the issues. Not sure what your motivation is to do so. The conduct of the freelancer is clearly wrong.

tta192 · ‎09-05-2018

@rubicon C wrote:
I'm sorry you feel this about "getting even". This is about preserving the integrity of the rating process and holding bad actors accountable. And this is not in regards to having him do "future work" it's about getting him to fix his previous work I paid for, and gave him a good review for.

You have completely misrepresented the issues. Not sure what your motivation is to do so. The conduct of the freelancer is clearly wrong.

The points you are raising should be treated separately:

1. About the freelancer fixing his previous work: do you have reason to believe he delivered the defects intentionally? If not, then once the contract is closed and feedback left, it being previous work is irrelevant.
2. The conduct of the freelancer can be seen as wrong, that's true. But there are various degrees of ‘wrong’ and what you describe is not really the worst. Upwork does allow changing the feedback. This means they will not ban discussions on the subject.

jr-translation · ‎09-06-2018

@rubicon C wrote:
So Upwork reached their conclusion on my complaint for the second time and again Upwork has determined this conduct is acceptable and that they will take no action.

So, despite all the outrage here, and from customer service reps. I chatted with on this matter, the Upwork decision-makers determined that using the rating system to try and force people to do things against their will is acceptable (he told me to change my review of him on a different job or he will not help fix his previous work I gave him 5 stars on. He did not debate or discuss the merit of the review, he was just using a situation to try and force me to change it, whether it was truthful or not). Upwork is fine with this.

Why should you care?

1) If you're a customer looking for freelancer, you now know that the ratings given to a freelancer may not have as much value to them because freelancers can "work the system" and extort better reviews out of people that are not accurate reflections of their work and business dealings. This freelancer I have problems with curretnly has extremely high ratings on Upwork, and despite him attempting to extort higher reviews from at least two people, Upwork has done nothing, and so this freelancer "appears" credible and good. So be warned about the quality of the ratings and their value before you engage with folks on this site.

2) If you are a freelancer who engages in hard work and integrity, you should be appauled at this decision because it means the value in the rating you have worked hard to earn has now been marginalized. It means that your honest high rating is on the same level as shady dealers using extortion tactics to get the same reviews you've obtained through hard work. It also means that your customers will then treat you differently and be more untrusting of you, making your job more difficult. It also means the pool of high-rated freelancers will be saturated and more competitive because the "noise" and the bad-actors are not being policed effectively by Upwork.

I'm waiting to see if Upwork will be transparent and provide me with their policy on this matter, and how they based their two decisions on that policy before we determine our next course of action.

-RC

As a client you have 14 days to review the work provided by the freelancer. In most cases that should be enough and honest freelancers cannot be expected to wait much longer. This is ment to protect both sides. It is unfortunately that it took you longer to identify the issue. But you have to seperate your problem with first job from the attempted feedback manipulation from the second job. Even though it was the same freelancer these are two seperate issues.

1. This has been discussed here and elsewhere in the forum. Nobody is happy with that but UW and other clients depend on people like you and the other client that leave an honest feedback. Offer him to change the second feedback and use the opportunity to warn other freelancers. The freelancer might be tempted to return you the money for the second job, just to remove that feedback. This is unfortunately an option that can be used if you call out a freelancer.

2. Believe me, we are appalled. I just recently dealt with a client who trusted the good reviews a freelancer translator received on a regular basis by a client. The feedback provided by readers on Amazon proved the opposite. I know that I lost jobs to that freelancer but there is nothing I can do. I cannot reach out to clients. I cannot flag the profile because her clients say said freelancer is a top translator. As long as clients approve milestones without having them properly checked this will always happen.

But I also think there is more than enough work for the highly qualified freelancers. Among the top rated freelancers you have various groups: highly qualified and higher rate + written reviews by satisfies clients, not qualified and low rate + 5* without written feedback. There are others in between but I would look out for these two groups if you deal with top rated freelancers.

richard_wein · ‎09-06-2018

Those of us who frequent the forum are well aware that Upwork's feedback system is flawed, and that Upwork staff don't always implement Upwork's stated policy. However it may be some limited reassurance for you to know that, even if a client does alter their public feedback, the private (not visible) feedback cannot be changed, and it's the private feedback which is the main determinant of a freelancer's Job Success Score.

Upwork introduced the private feedback and JSS specifically to address the problem of clients feeling uncomfortable about leaving poor public feedback, or under pressure to leave good feedback.

6132793c · ‎09-06-2018

Thanks for the info Richard, but unfortunately that window has closed so I can't change any feedback. And this freelancer, with at least two extortion attempts on Upwork's record, is sitting on this site with very high reviews. This creates the impression to future customers that he does good work and is trustworthy, two things that are not true.

Transparency is key, and someone from Upwork just wrote to me that they will not provide me the policy or the policy justification for their decision. In addition, she misrepresented the facts and changed my issue to then justify taking no action.

No transparency and no protection from hustlers here. Now I know.

RC

6132793c · ‎09-06-2018

Thank you for your input Jennifer, it was very helpful. The example you gave me about high Upwork reviews but bad Amazon reviews sounds exactly like the impact I thought would happen when a company like Upwork does not preserve the integrity of their rating process. Had I known they would be so lenient on how people use the rating process as a tool against people, I may not have used this freelancer as he said and did a lot of shady things overall. But I kept looking at his high reviews and overlooked the early warning signs.

But I'm glad I know about the rating process now though, as once my open jobs are completed, I will leave Upwork and go to a competitor who doesn't charge me to allow me to get hustled and extorted. I can get hustled and extorted for free, I don't need to pay Upwork for that.

A brief internet search shows that there is a lot of competition to Upwork out there.

RC

bobafett999 · ‎09-09-2018

Good Luck in your search. IMO Upwork is the most 'buyer friendly' or 'buyer biased' platform. If you had followed their guidelines they would have ruled in favor of you.

Look at it this way any freelancing site is a better version of 'Craig's List'. As a buyer if you are careful you could get good value for your money. Having said that don't you think you are also partly to blame? You interviewed him, you checked him out and hired him.

Review Extortion and Blackmail Determined to be an Acceptable Practice by Upwork