For people who are looking to threaten legal action....

Why bother wasting your time? Why the hell would you hire a lawyer over an ipod, or crappy computer (a laptop I might understand). There's so much wrong with this picture

1.) the cost of a lawyer will exceed the cost of the retail price of many of these free items.
2.) If you are successful in your legal action, you won't see anything for a little while anyway.
3.) Freepay used to be the best, but in many cases, they are still faster than....ohh...say yfdirect (excluding 360s of course). I have done 4 sites since the infamous March 1 policy change and I am processing on 2, pending approval on one, and I have the other item. I did a yfdirect site all in march and I'm expecting a check or gift card in mid august.
4.) Freepay never promised reasonable shipping and stuff, and they are doing nothing illegal.....yet....



5.) and the most important, if you threaten legal action, you will ruin it for the rest of us. instead of a 3-4 month wait on an item, we might see a 6-8 month wait, or worse, and you will do more than anyone toward contributing to the demise of freepay. It's bullshit that patient people who don't wanna go call a lawyer will be rewarded with....even more wait time.[/sizedc700ee60c]



But I guess you can do what you want...make 100 threads about how freepay is evil and shit. Talk about stupid shit whatever......freepay is still sending shit, albeit slow, but they're holding up their end of the bargain and it would be a stupid pussy move to bring a lawyer into the situation to fuck it up for everyone.

If someone were to sue, it would be for more than the price of an ipod... but I still totally agree with you that the case would be bullshit, because it's not like freepay promises you will get your gift within a certain amount of time. Their TOS basically lets them do whatever they want concerning the customer, and it's not like they NEVER ship out gifts.

I don't have the time or the drive to threaten anything beyond a BBB complaint... which I have now done. 16 weeks for approval is just way overboard. roll

As I recall, you've made a threat to take legal action yourself. Maybe it was a joke, but the post seemed too long to be just a joke.

I've been waiting for my items for a few months, and I don't mind if someone takes legal action. Because if someone can win this case, others can also threaten to take legal action and Freepay will definitely answer to the threats.

i'm sorry but if someone sues and it costs people to wait longer than i am for a lawsuit they need to get knocked around from the consumer hell maybe after a case things will move faster i'm sorry but this is terrible service.

I wouldn't worry about it, usually people are all talk. Who would sue a free site? You'd look like an idiot

Yeah... instead of doing something proactive to hold this company accountable I say just come here and bitch about it and discourage other people from taking action because if they do it may hinder you from getting your gift in a ridiculously untimely manner. lilishakes headlili

[quoteed58b6b40c="Captain All That"]Yeah... instead of doing something proactive to hold this company accountable I say just come here and bitch about it and discourage other people from taking action because if they do it may hinder you from getting your gift in a ridiculously untimely manner. lilishakes headlili[/quoteed58b6b40c]

Because spending money on legal fees in hopes that their Terms and Conditions won't hold up in court, just to get your $300 item quicker makes more sense?

Seriously, don't you think FreePay already had their Terms and Conditions reviewed to make sure that it offered them protection? Don't get me wrong, I've been a die-hard defender of FreePay in the past, but I think it's terrible how long it's taking them to ship gifts. I don't agree with their time limits and having to mail in paper forms.

A lawsuit will do no good. The fact is, you agreed to perform your side of the bargain and that they didn't have to do anything in return. It doesn't matter that you thought they would, and that they have in the past. I know they are extremely slow with shipping now, but they will ship gifts for everyone who earned it. Lawsuits aren't the way to go.

well the people planning on legal action it makes sense, for them it's become more than just recieving their free item; for them, it's about business ethics and/or their loss due to freepay's lack of ethics.

Yea, legal actions will ruin it for all the patient Freebie Enthusiasts

I have no problem with freepay they are doing there job sure slow but there doing there job. But if I belive that a law suit is needed I am all for it; but there is no need for law suits as they are keeping there end of the deal ; slowly but they are doing it.

[quote2aca8a0550="ChaSongjo"]As I recall, you've made a threat to take legal action yourself. Maybe it was a joke, but the post seemed too long to be just a joke.

I've been waiting for my items for a few months, and I don't mind if someone takes legal action. Because if someone can win this case, others can also threaten to take legal action and Freepay will definitely answer to the threats.[/quote2aca8a0550]


i suggested legal action in the sense that there was a clear liability issue here, mind you, also this was I think my thoughts on 5/30/06, when I had a ref pending a green, and all anyone was seeing in their own heads was red.

The thing is that freepay is reasonable. They've granted fair extensions to those who have asked, and albeit slowly, are providing the free gifts. Sitting down and thinking....legal action could be met by an eventual shutdown of freepay, and is freepay an LLC? If so, and I'm not a business major and I'm not very versed in it, but I thought I remembered that freepay was an LLC, and that limited liability could mean that they go under, and no one gets their free shit (someone check me on that one...)

It's really a moot point... I really don't believe anyone is going to attempt to sue FreePay over an iPod.

File a BBB claim, cross your fingers, and move on -- that's all you can do, really.

I've been waiting 16 weeks for approval, which is crap, but as long as that iPod shows up on my doorstep AT SOME POINT, its better than nothing. I just wish they weren't operating in tortoise mode.

theres no way anyone is going to win a case for their free item right now anyways.. sue all you want.. companies that go out of business and dont fulfill customers' orders is when lawsuits happen.

Actually, (at least where I live) it only costs $35 dollars in cour fees to take someone to court over small claims. And an iPod or a $600 Mac Mini would fall under small claims.

Considering that's how much some referrals trades go for, I think it would be far worth the court fee, economically speaking.

Second, Freepay WAS reasonable, they are not anymore. Many people have customer support tickets go unanswered, or at least answered in a way that proves they are not even reading the complaint or doing anything visible to solve the problem.

They have broken EVERY time estimate or statement made in there terms of service, online status pages, and most if not all customer responces to me and several other members of this forum. And I'm sure this forum is no where near a significant portion of Freepay account holders.

The simple truth is this, we have held up our end of the bargain, they have not held up their end.

You can sit and wait all you want. And with each passing day they are making more money (interest and investing) off of you. And as an LLC, they can pretty much close, take your money and run, whenever the hell they want. I say do something while you still can.

What I don't get is that people don't understand, FreePay's end of the bargain is legally nothing more than "we'll probably ship you a gift, but no guarantees". If that's what you agreed to when you signed up, what kind of outcome are you expecting?

[quotea3f738d907="nobody2000"]it would be a stupid pussy move[/quotea3f738d907]

Not a big deal, but the words "stupid pussy move" reminded me of this...

[quotea3f738d907]If you feel the need to swear, please do so without acting like an idiot.[/quotea3f738d907]

Part of rule 2 for the Forums D

[quote755e304c09="CollidgeGraduit"]What I don't get is that people don't understand, FreePay's end of the bargain is legally nothing more than "we'll probably ship you a gift, but no guarantees". If that's what you agreed to when you signed up, what kind of outcome are you expecting?[/quote755e304c09]I thought people established that wouldnt hold up in court

[quote4880139880="ragefu"]I wouldn't worry about it, usually people are all talk. Who would sue a free site? You'd look like an idiot[/quote4880139880]

I have and have come out on top -- I must of looked like a idiot with a real fat wallet ...

[quotea7db11fc03="MiamiTJ"][quotea7db11fc03="ragefu"]I wouldn't worry about it, usually people are all talk. Who would sue a free site? You'd look like an idiot[/quotea7db11fc03]

I have and have come out on top -- I must of looked like a idiot with a real fat wallet ...[/quotea7db11fc03]

DO TELL!~

[quote2dafcf1a24="Rewman"][quote2dafcf1a24="MiamiTJ"][quote2dafcf1a24="ragefu"]I wouldn't worry about it, usually people are all talk. Who would sue a free site? You'd look like an idiot[/quote2dafcf1a24]

I have and have come out on top -- I must of looked like a idiot with a real fat wallet ...[/quote2dafcf1a24]

DO TELL!~[/quote2dafcf1a24]

It was not FP -- it was another site and I cant discuss the particulars do to a binding legal agreement.

Trust me -- it works ...

To nobody2000 an LLC doesn't insulate a company from liability... it just limits it. Basically it means that if the company gets sued, the company itself is liable, rather than the individual people who are running (the "members"). In some cases it could mean that, as you say, if it goes under, then noone gets their free shit. This could happen if the company goes bankrupt and doesn't have the assets to pay its creditors (those who are owed anything). If the company "shuts down," that doesn't necessarily mean that it's not liable. An LLC has to be reasonably funded by member contributions, or the assets it generates. So if Freepay shuts down, but still has some assets, those assets could be reached by its creditors.

On the other hand, if Freepay shuts down and has no $, it might suggest that the members of the company underfunded it, or looted it, or otherwise acted in bad faith. In that case, the members/owners can be personally liable (this is akin to "piercing the corporate veil").

More in general, on the practicalities of suing Freepay... there are people saying that it's foolish to spend money for such a suit. As someone pointed out, they can be sued in small claims for a relatively small amount. But then there's the problem of where you can bring a suit. The Freepay TOS state that suits must be brought in DC. So if you live in or near DC, that's not a big problem. But if you live further afield, it's an inconvenience and would involve extra expenses.

On the other hand, Freepay could be subject to a class action suit. In this case, one individual can bring a suit on behalf of everyone else. This would be a more convenient and reasonable way to approach the situation. Not everyone has to pay $200/hr. for a lawyer, and a lawyer would be more likely to take the case on a contingency basis (such that instead of winning $300 per person, each one would get more like $200, the rest to go to the attorneys). If it's found that Freepay has committed fraud, the damages could be increased.

As to the hubbub about how Freepay doesn't really owe anyone anything, and it's up to them whether they want to give anything, and how they don't have to do anything... the short answer is "wrong."

(Trust me, I'm a lawyer... twisted )

ummm what are the chances that freepay goes bankrupt if they made more than [quote9c4549e569]2004 Revenue $ 20,479,325.00[/quote9c4549e569] taken from Inc. 500

that's almost $20.5 milllllion, and they have existed for a lil more than 2 years. what doesn't make sense is how wiki states that they missed one of their payments recently.

Is that gross? Or net? And what are their expenses?

[quote05d40922b4="Iloveipods2"]ummm what are the chances that freepay goes bankrupt if they made more than [quote05d40922b4]2004 Revenue $ 20,479,325.00[/quote05d40922b4] taken from Inc. 500

that's almost $20.5 milllllion, and they have existed for a lil more than 2 years. what doesn't make sense is how wiki states that they missed one of their payments recently.[/quote05d40922b4]

[quote55000e7b43="omo"]To nobody2000 an LLC doesn't insulate a company from liability... it just limits it. Basically it means that if the company gets sued, the company itself is liable, rather than the individual people who are running (the "members"). In some cases it could mean that, as you say, if it goes under, then noone gets their free shit. This could happen if the company goes bankrupt and doesn't have the assets to pay its creditors (those who are owed anything). If the company "shuts down," that doesn't necessarily mean that it's not liable. An LLC has to be reasonably funded by member contributions, or the assets it generates. So if Freepay shuts down, but still has some assets, those assets could be reached by its creditors.

On the other hand, if Freepay shuts down and has no $, it might suggest that the members of the company underfunded it, or looted it, or otherwise acted in bad faith. In that case, the members/owners can be personally liable (this is akin to "piercing the corporate veil").

More in general, on the practicalities of suing Freepay... there are people saying that it's foolish to spend money for such a suit. As someone pointed out, they can be sued in small claims for a relatively small amount. But then there's the problem of where you can bring a suit. The Freepay TOS state that suits must be brought in DC. So if you live in or near DC, that's not a big problem. But if you live further afield, it's an inconvenience and would involve extra expenses.

On the other hand, Freepay could be subject to a class action suit. In this case, one individual can bring a suit on behalf of everyone else. This would be a more convenient and reasonable way to approach the situation. Not everyone has to pay $200/hr. for a lawyer, and a lawyer would be more likely to take the case on a contingency basis (such that instead of winning $300 per person, each one would get more like $200, the rest to go to the attorneys). If it's found that Freepay has committed fraud, the damages could be increased.

As to the hubbub about how Freepay doesn't really owe anyone anything, and it's up to them whether they want to give anything, and how they don't have to do anything... the short answer is "wrong."

(Trust me, I'm a lawyer... twisted )[/quote55000e7b43]

So true on so many levels. I hate idiots who say " HEY YOUR LUCKY YOUR EVEN WAITING FOR A FREE ITEM" as if freepay is doing me a favor.

They are obligated to send it to me as in the moral aspect of it, so for those whom say "HEY THEY ARE NOT LIABLE" read the quoted words above. /end of thread

[quote69cd0c3fd2="omo"]Is that gross? Or net? And what are their expenses?

[quote69cd0c3fd2="Iloveipods2"]ummm what are the chances that freepay goes bankrupt if they made more than [quote69cd0c3fd2]2004 Revenue $ 20,479,325.00[/quote69cd0c3fd2] taken from Inc. 500

that's almost $20.5 milllllion, and they have existed for a lil more than 2 years. what doesn't make sense is how wiki states that they missed one of their payments recently.[/quote69cd0c3fd2][/quote69cd0c3fd2]

There's no such thing as gross or net revenue. Revenue by definition is income before any deductions are taken...

Point is they have the cash -- they are just going slow in case the lawsuit is going to take them under the exec's have more $$ to run with ...