I am looking for either legal assistance, legal advice or legal help to start a legal case against a major freelancing work web platform (it what follows, OD), and possibly a Brazilian client who hired me through OD.
I want to sue OD because of the following reasons:
- According to OD User Agreement, I have the right to demand arbitration in the event of a conflict with a client. I had a Brazilian client who ripped me off and OD is ignoring my request for arbitration.
- My Brazilian client broke OD's User Agreement, in that it asked for free work, but OD is not acting against him and, moreover, is publishing my client's malicious feedback on my profile. This has caused a tremendous loss on me, as the feedback score OD publishes on my profile went from 5.0 to 2.73 and I have not been able to get any job for two months
- OD does not have my authorization to fabricate and publish on my profile some arbitrarily calculated single feedback rating: OD's User Agreement describes how my clients may leave feedback for me and gives some guidelines on how to write honest feedback (although it states OD will not review feedback). However, OD's User Agreement does not alert about the fact they will use each client's numeric feedback ratings to calculate a composite feedback number. It is much easier to tell when some feedback is malicious, from some written comments, than from some numbers, which are in turn blended with many other numbers, to fabricate a single numeric feedback rating published on the freelancer's profile. If OD is not willing to review and filter out malicious feedback, I am not ready to authorize and accept OD obscurely fabricating and publishing on my profile, without my approval, some single 'feedback rating', particularly if the rules and criteria to calculate it have not been disclosed to me, have not been agreed with me and are totally out of my control.
I am sure my case is not the only one, but many more OD users have suffered similar problems. Clearly, OD is only concerned in sucking its users blood and collect commissions from their hard work. However, OD is not interested in providing any service in return or allocate any resource to protect its users. I can guess many OD users will be interested in legal action against OD and a case like this. I would even expect OD be willing to negotiate some settlement before the case gets out of control against them.
Detailed account of the case:
I have been doing freelance work on OD this last year. Last summer I had a problem with a Brazilian client who ripped me off. Until then I had 5 star feedback score, but after this Brazilian client left 1 star feedback for me, the feedback score (arbitrarily) calculated by OD went to 2.73. My client, however, did not bother to write any comment about me. He just rated me as low as he could, as his intention was just to hurt me. Therefore I am not concerned OD is not willing to remove my client's feedback comments (there is nothing to remove). But I do not want OD to use the feedback numeric rating from this Brazilian client, combine it with many other numeric ratings, arbitrarily fabricate some single feedback rating and publish it on my profile, in such a way nobody can have any idea how objective the individual ratings were.
OD's User Agreement can be found here:
[url removed, login to view]
I am interested in any kind of assistance in my legal actions against OD, and possibly my Brazilian client. This can be from a professional lawyer who may be interested in taking the case, or somebody with some legal knowledge who may guide me through the process of filing a lawsuit against OD and, possible, my Brazilian client. I am aware and familiar with the option of Small Claims, but I wonder if that may be the most effective route in this case.
Thank you very much for reading,