Client scammer and Upwork does nothing

[bcde009d]

This is what happened:

1. Two months after the project was finalized and paid for, my client asked her bank to reverse the payment

2. She is a returning client who has been happy with my work and always rated me 5 stars 

 2. As a result, Upwork needs the money to be returned to them, and is currently blocking my earnings from other projects 

3. I asked the client what happened, and she gave me some bogus excuse that her finances are not in order blah blah, she had some chargers from other freelancers that did not make sense to her blah blah and asked the bank to to reverse all sorts of payments

4. She promised to fix it

5. Days passed and nothing

6. She suddenly responded telling me that everything is sorted out, but it takes 5 business days. She also asked me to cancel the dispute on Upwork!

7. I told her, I will do it once she pays me back

8.  More than 1 week passed but nothing changed. She basically lied to me so I will cancel the dispute.

9. I tried contacting her again but she is not responding

It is obvious that the client is a scammer. 

What should I do? It is 1.700$ she took back. Upwork doesn't do much, they allow the back to make the final decision.  Is there any legal action that I can take? Would it make sense to hire a lawyer? I posted about it on my social media and mentioned her brand name, but I doubt she cares. 

I don't want to just let it go. Any advice?

[emmamclaren]

Depending on what you do you could email her and tell her that since the job isn't paid for, you own the copyright to everything you have done which means she cannot use it

[bcde009d]

Thank you for the advice. I believe this is what I will do. 

[lizablau]

What are you waiting for?  You've given her enough time.  If your work is still up and running that she hasn't paid for, you should immediately inform her that you're filing a takedown order:  https://www.dmca.com/FAQ/How-can-I-file-a-DMCA-Takedown-Notice 

[bcde009d]

Hi,

This is the first time I hear about this service. I will check it out.

[williamtcooper]

Hey Daria, that is an Upwork Support question. Ask them for assistance. Thanks!

[martina_plaschka]

It isn't. It is a client question. 

[bcde009d]

I spoke to my client and she has bogus excuses 

[bcde009d]

Hi William,

Upwork was the first place I spoke to. They tried contacting the bank but the bank had final say. 

[bcde009d]

I did ask them

[tlsanders]

Upwork doesn't "allow" the bank to make the final decision--there's a legal process for disputing chargebacks. Upwork claims that it attempts to dispute chargeback requests, and maybe it does. If that attempt fails, it would be Upwork that would have to file a lawsuit to attempt to override that decision, since Upwork was the recipient of the payment.

[25005175]

Even as an escrow service?

[prestonhunter]

re: "Even as an escrow service?"

I don't think that matters. I don't think the bank sees these charges as escrow-processed payments. I think the bank just sees credit card charges that a customer is disputing.

[bcde009d]

Exactly 

[bcde009d]

Yes. Upwork does nothing to protect freelancers. 

[bcde009d]

This is what I was hoping for! But they told me it's the bank decision and simply blocked my other earnings 

[prestonhunter]

re: "Is there any legal action that I can take? Would it make sense to hire a lawyer?"

You CAN hire a lawyer.

That doesn't mean you can win, though,

And it doesn't mean it makes financial sense.

It would probably cost you a LOT more than $1700 to pursue this with a lawyer.

[bcde009d]

Hi Preston,

Yes, hiring a lawyer will cost more. 

[PradeepH]

Hi Daria,

Thank you for your message. We are sorry to have to take this step. This action is a result of the client filing a dispute with their financial institution.

To try to resolve this issue, you may wish to speak to your client about why they filed the chargeback, or ask them to contact the Upwork support team to discuss the matter.

The Upwork team can try to help too by submitting a rebuttal to your client’s bank on your behalf. If you’d like us to do that, timing is critical. If you haven’t already, please reply to the email you received from our Chargeback team within 48 hours and attach proof of the work or deliverables you completed for the client.

Keep in mind that the client’s bank will have the final say and we have no control over the outcome. The team will update you via the support ticket once they hear from your client’s bank. If they agree with our rebuttal, the payment that was reversed will be reapplied to your account.

Thank you,

Pradeep

[emmamclaren]

How many of these claims end up in the freelancers favour? I know where I am, if a charge back occurs and substantial information is provided, the person doing the chargeback isn't successful. So how much info does Upwork actually provide (if they even do)?

[bcde009d]

Hi Pradeep,

As stated in my message I spoke to my client on numerous occasions and she continues to give me bogus excuses about irregularities in her charges from other freelances. I also contacted Upwork support team and they say they tried the rebuttal. Upwork should not "allow" the bank to make the final decision--there's a legal process for disputing chargebacks. Upwork claims that it attempts to dispute chargeback requests, and maybe it does. If that attempt fails, it should be Upwork that would have to file a lawsuit to attempt to override that decision, since Upwork was the recipient of the payment. Instead Upwork is punishing me by blocking my current earnings from otwr clients. 

[martina_plaschka]

You correctly identified the client as a scammer. You can take legal action against the client. It is up to you to decide if this is economically feasible for you, this depends on the jurisdictions involved, the amount, etc. 

[bb60dd70]

I have been scammed hard at least 10 times on Upwork. These scammers still bypass the system as they don't get identity verification prompt and just use stolen cards to get free work. Since then, I never work for clients who have zero history on Upwork and have less than 6 months of joining dates.