Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.

We run a website and charge clients to have 'listings' on our page (full company profiles). The vast majority of our clients is satisfied and receives new clients through our website. Our rate is $60/year.

Now, we have had a client who was with us for for the first year. After the first year we asked if she wanted to continue. After basically not answering us for a few calls she agreed Mar/2010 to continue the listing (over the phone). We invoice her. Several calls follow to actually get her money. The listing remains online. In June she hints that she might not want to continue with us because she does not see results. She has not paid the invoice. We tell her that the invoice was an annual agreement and she still owes the $60. She says she understands, and that she will 'try to pay', citing financial difficulties. Throughout a period of a year, a dozen phone calls follow, and she keeps promising to pay. After one year she requests to pay $5 / month until the bill is paid. We decline and offer the option of paying $20/month for 3 months. She declines. We tell her the listing will be taken offline and a message will be put online that she has not paid.

A few days ago we actually did this. Client goes ballistic and says this damages her business. (Online message reads: this business has outstanding bills, no profile available). We are "low people" and "do not know how to do business". She threatens legal action. Her points:

  • After 'about a month' (in reality 3 months) she said she did not want to continue and wanted to pay for what she owed us 'up to that part'. We are pressuring her into paying for something she did not want.
  • She never signed a contract.

My point of view:

  • The membership was annual. This is written as such on the invoice and she agreed on the annual fee. Never have we expressed that it was something she could cancel halfway.
  • Verbal contracts are contracts.

I feel quite confident about 'being right', but if I am not please correct. My question is what to do with clients like this who go all ballistic. She kept interrupting me over the phone and when I said I want to explain her two things, she said she did not want to keep talking to me anymore and hung up. She is pretty upset. I feel she is very unreasonable and acting as if she was about to pay for over a year is, in my opinion, very "low" from her side. Clearly, I do not care about losing this customer. I even do not care too much about the actual payment, but I do care about the principle and do not want to take the message off. Is there a way to convince her she is pretty unreasonable and unprofessional, and finish things more or less decently?

share|improve this question
12  
A lesson I have had a hard time learning in business is that "being right" or even worse -- feeling like I am right -- is absolutely irrelevant. – Joseph Barisonzi Aug 17 '11 at 4:52
10  
@Louis: This isn't eBay or Amazon; posting information like that, especially for a relatively minor issue, would be (at the very least) unprofessional. – Adam Robinson Aug 17 '11 at 12:50
3  
Whatever happened to "The customer is always right"? I do not want to be your customer. – Torben Gundtofte-Bruun Aug 17 '11 at 13:17
17  
"a message will be put online that she has not paid": No! No!! No!!! In the U.S. this is an illegal debt collection practice and will get you sued. – The Startup Chicken Aug 17 '11 at 14:09
2  
@torbengb - It leads to bad customer service and worse employee loyalty. positivesharing.com/2006/07/… – Shauna Aug 17 '11 at 14:40
show 6 more comments

21 Answers

up vote 81 down vote accepted

Non paying customers are always hard to deal with. If I were you I'd have taken her profile off your site completely until she paid her bill.

The absolute last thing I would have done is put something on the website saying that their profile was unavailable due to non-payment, and if I were your client, I'd have been furious about this.

After all, we're only talking about $60. The time you've spent chasing this money, and writing this question, you've already lost any profit you would have made had they paid. You could have simply removed the profile and told the client it would be reinstated as and when they could make a payment. This way, you don't have to waste any more time on it, and your client can't feel bad about it - after all - they haven't paid. You'd still have been on good terms and they may have come back when money wasn't an issue.

By posting their financial difficulties on your site, you may have caused tens of thousands of dollars of damage to your clients reputation, all for the late payment of a $60 fee! This could cause them further problems at what is clearly a difficult time for them and could even put them out of business.

If this happens, you'll never get another $60 out of them. You could even put other potential customers off using your service if they see this is how you treat them.

By all means protect your own interests, but as far as I can see, your actions were completely disproportionate. As your site grows you will inevitably end up with many more instances where people don't pay. I'd make sure you chase it up a couple of times, then if you get no joy, silently suspend their account and move on. Apart from anything else, if you're not careful, you'll spend all your profits chasing money you'll never see.

share|improve this answer

I am not siding the customer. But as a professional ethics, whatever you are doing is totally wrong.

Every businessman always sets a margin percentage for this type of customers.We always have 1-2% of non-paying customers in my business.

Infact I will copy-paste the two business formualas from one of the posts above by Joseph Barisonzi :

1) Take down everything you wrote online on her listing. Send an apology letter to the "ex-client" and forgive her outstanding bill. She was unsatisfied with the product-- refund her money. * Yes... I say REFUND HER previous payments.....For a minute imagine yourself in a situation where somebody refunds you the money you really don't owe. *

2) Focus on providing a quality product and service to the customers who are happy. Putting a message like that on the company page will harm your existing and potential customers.

3) Just place a simple message as " Page not available" and as a courtesy to your ex-customer place a link to redirect the user to the ex-customer's website.

4) Get the feedback from all your customers atleast once a year. It will really improve your business. The customer will also have a feeling of being cared for ( rather than felt like a money vending machine)

And more practical and beneficial advice-

As per US law, she can sue you for ruining her business even if she has not paid you for 3 months. If she loses a $ 1 million customer because of your message, you will have to pay for her $ 1 million as well as the legal expenses.

Business should be done with a business mind, NOT with the gut feelings.

share|improve this answer

I'm not a lawyer so I do not intend this to be used as legal advice but despite the issue with the client, posting the message you did on their page is not just over the top ethically, but it possibly opens you to a liability for damages due to libel.

I actually had a similar situation a couple years ago where over maybe six months I was footing a $40/month hosting bill for a client server because they were defaulting on the bill and had yet to give me the content (long story).

Anyway, when I was gearing up for a legal battle with the client, it turns out that with contract law in New York State (that's where I'm based, although I imagine other states are similar) they enforce contracts based on a due-diligence approach, meaning that although a contract might say a client will be fully liable + a penalty if payment is late, if the company does not fully pursue that balance to a reasonable extent, the courts will lean towards the client by saying that the business didn't do enough in it's power to enforce the agreement.

Now going back to the website message -- it is one thing to pull the plug on a client server and leave it at that (which is what I did with my client). On the other hand, if you take their account and replace it with a vague message which to a reasonable person might make them think the client is not-legit - then that's essentially throwing a punch at your client after a KO, which most likely will not look good regardless of the clients nature.

In the future, it probably would be best to just pull a client site after a 5 day notice, and leave it at that. I never extend clients any credit what so ever but rather pull and launch ASA payment is cleared. This is probably the best route because if you ever have a serious contract dispute, you can point to the contract and if you have a track record of enforcing your deadlines, that helps greatly in your defense.

share|improve this answer

$60... we're talking about $60... I am curious how much effort/time has been put into this pursuit of $60 (that is so small that many wouldn't even think it worthy of typing the digits on the tax form to declare a capital loss).

$600...worth a couple hours. $6000 worth a couple hours lawyer's time... small claims

Being Right or Being Happy... be happy.

share|improve this answer

I agree with a lot of the previous posts with two extra points.

While what you said might not constitute a problem, it does open you up to potential legal ramifications.

Perhaps it is time to look over your sales/billing/collections procedure. I'm not saying it would have fixed this situation, but it could have helped identify the situation before it got out of control.

There's really no reason to sweat the little stuff. Let it go, fire the client, learn from the experience and move on to greener pastures.

share|improve this answer

I'd just take off the company's listing, and let them know if they want it re-instated that there would be at least a 3 month deposit required. The customer is not always right, and there are bad customers that you don't want (i.e. those that cause you to spend all this time on working with them for $60/year.)

I was late on my water bill a few years ago, and they finally shut it off after a couple months. I was pissed in that cold shower morning, but in hindsight, I understand. They then required me to also pay a deposit on future use, in case the problem happened again. Again I was pissed, but in hindsight, again makes sense.

Forget about the principle of the matter, and just handle it in a way that you don't get screwed twice. That's what I've learned the water company was doing. Give the person leeway in times of trouble, let them catchup, but if it starts to cause you problems... then begin to require up-front payments in advance of service.

If all else fails, you can write it off as a bad/uncollectable debt, and that offsets income, right? What is it costing you to put their listing out there? It's not actually costing you anything is it? The collections aspect is costing you more than providing the service probably. Write them off as a bad debt, and you don't have to pay taxes on it, and it actually reduces what you owe because you then don't have to pay taxes on a paying customer because of the offset.

Their not paying you can offset those that are. Don't think 'principle'. Think 'they're not paying me, how can I keep that from happening again, and can I offset that loss in other ways.' Minimize the damage, and rather than focus on this, focus on finding two customers to replace them.

An elephant in the room is probably 'turn the bad customer into a good one that will promote you to others.' If you can do that, great. This isn't sounding like a customer that will do that, though.

Greg

share|improve this answer

Firstly, you should have removed the listing the day it expired and she did not renew it (unless you enact a grace period policy). Secondly, it seems out of line to put a reason as to why the listing was not renewed. It's irrelevant. If you really did say "the business is having financial problems", that can be easily interpreted as slander since you're not really sure if that is true or not and it does not reflect well on her business. For all you know, she's just trying to get a free listing and you're letting her.

share|improve this answer

In the future, collect the $60 up front. You can give them a 15 day grace period, after that, you pull their ad.

I don't know what kind of grief you can get into by posting she is delinquent, but it will probably cost you MORE money to get out of that grief.

share|improve this answer

We tell her the listing will be taken offline and a message will be put online that she has not paid. A few days ago we actually did this.

I'm pretty sure the answer is to start a blog so we can follow along as you implement one inconceivably horrible idea after another. I would gladly pay you a $5 a month to follow this train-wreck off the cliff. (virtually)

share|improve this answer

I think you're both in the wrong here, and both of you could have handled things better.

First of all, there was no reason for the client to not give you an answer one ay or another when you asked about continuing the service. Nor should she have just ignored your calls. However, the simple solution to that would be for you to have taken it as a "no" and suspended her account until otherwise informed. It sounds like she may have felt pressured into agreeing to more time and that's why she finally told you yes, continue the service.

As others have already stated, making your billing issues with the client public is unprofessional and potentially even illegal. She has full rights to be furious with you over that. The better route would have been to simply take the profile offline as if it never existed in the first place. You also should have done this as soon as her year was up, unless (or until) you received payment from her. Send out expiration notices a month or two before asking for renewal if they don't wan their service interrupted.

That said, you are right (at least in the US) that verbal contracts are contracts, but really, for CYA reasons, you should get them all in writing. That way, there's no dispute (because there's always three sides to a story - Side A, Side B, and the truth). Also, in the future, find an automated collection agency like what NetTecture described, and write it into your contract that any money owed after a certain deadline will be sent to collections (this really shouldn't happen if you require payment before service is rendered, but if you still do it the other way around, this is highly recommended). For those that say $60 is too small an amount to deal with collections, it's still your income, and if more people do that, it adds up quickly. A lot of companies will send you to collections for less, especially if it's the "tack fees on top" model. You need to have the bite to back up your bark, or your pestering them for your money can be easily ignored until you give up. Now, for this particular incident, especially since you screwed up, too, drop the issue, but plan for clients like her in the future.

I also recommend reading 4 Hour Workweek, or at least his section on the 80/20 rule. Basically, she's the type of customer who you will likely spend 80% of your time and will only bring you 20% of your income. If a client starts piddlefarting around with payment, send them their reminders, send them to collections if they're past due, then wash your hands of them. Spend your time on the customers that make you money, instead of the ones that are costing you money.

share|improve this answer

$60 isn't worth the time to write the post you just put here. Walk away.

share|improve this answer

$60 is even less than the minimum consulting fee with a lawyer.
And now that you indulged in pilloring, you kind of need one.

share|improve this answer
+1 too bad people behave irrationally regarding money. – TimJ Aug 17 '11 at 14:29

Take the comment down as soon as you can. Do not ever post derogatory status or comments about any of your clients on your website. You are scaring away much more revenue than you could possibly collect from this one account. Potential new clients seeing this on your website will be afraid of the same thing happening to them if there is any dispute.

share|improve this answer

Whatever you do, never ever publish derogatory information about your customer's financial position or any billing dispute. At least in the U.S., this is an illegal debt collection practice and will likely get you sued.

Simply discontinue the service and walk away from the client. End of story.

share|improve this answer
+! - good advice and short and sweet – TimJ Aug 17 '11 at 14:27
Wow, I had no idea that this was illegal. Do you have a link where I can read more? – Casebash Sep 4 '11 at 9:20
Have a look here: en.wikipedia.org/wiki/…. The FDCPA is a federal statute (i.e. applies to interstate commerce), but many states -- notably California -- have similar laws for in-state commerce – The Startup Chicken Sep 4 '11 at 19:01

One thing that I would advise is to either get a signed agreement/contract detailing payment methods, refund policies, discontinuation of service etc BEFORE publishing any listings. The only other option is to move to a prepay model (or at least offer it as a model).

As many people have said, $60 isn't much in the scheme of things. The unfortunate reality is that you will always have people who refuse to pay, but the important part is to learn from it, adapt the system to remove the loop holes, and move on.

One important thing to note, is that from a marketing point of view you may not only have caused damage to the ex-clients reputation, but also your own. Whether it be by people not wanting to deal with a company who airs their dirty laundry in public or by your ex-client talking about you to other potential clients advising them what you have done.

share|improve this answer

I can recommend this excellent talk by Mike Monteiro, Design Director, and co-founder of Mule Design Studio. It gives great advice on how to get paid.

tl;dr have a contract, have a lawyer.

share|improve this answer

Lose the customer - she takes up too much of your time and will continue to be a hassle for years to come. You've spent much more than the $60 she pays you.

On the other hand, it wasn't the best move to cite financial reasons for not displaying the profile any longer. As others have said, this is quite damaging to your customer, and - perhaps more worrying - could scare away future customers from your site.

What I was wondering though... Why don't you have customers pay in advance, via credit-card? This would take away a lot of the billing and payment collection hassles...

share|improve this answer

I really have to side with your (ex) customer. You can't expect to be able to put up a message like that on her account without things getting ugly. You are chasing a person for $60? What in the world are you thinking. Just remove her listing (DO NOT put anything derogatory like you did - that is horrendous.)

Just move on. Customers pay up front or they don't get the listing.

Also - you should stand by your product. If customers do not get value from it then offer and give refunds.

You are being absolutely unreasonable and petty. You say you do not care about the money, but your actions clearly indicate you do. Why else would you keep calling and emailing and putting up aggressive messages on her account.

You are being absolutely unprofessional. DO NOT share information about your customers with the public.

You are not going to last long if you keep behaving like that.

share|improve this answer
3  
+1 for "Just move on" (I posted before I ready @Tim response and have to say he is right on in his normal blunt, unvarnished and truthful way. – Joseph Barisonzi Aug 17 '11 at 4:50
+1 for "Just remove her listing", since by being derogatory you are only escalating the situation – CamelBlues Aug 17 '11 at 15:21
+1: You're borrowing trouble. Big time. Just discontinue service. If you feel like you've been abused, take her to small claims court. If you post anything that can be construed as derogatory, then they may choose to take you to court. – Satanicpuppy Aug 17 '11 at 19:26
Yup, at my work-lost to the company rate, it'd cost more than $60 to post and read through this thread. So I'd add to the "more on" comments, more on immediately. – David Dec 10 '11 at 19:48

@pula, its $60 let it go, you can do more damage to your brand and your product fighting over the $60 than you can salvage by being the bigger person.

Publishing the listing as not paid is a very bad move ... who is going to place advertising with you in the future if they risk that happening to them ... regardless of the back history and who was right or whatever ... if I was an advertiser and saw that, I would look elsewhere as my first reaction.

You need to protect your brand, ideally patch it up with your ex customer so they don't go away and bad mouth you to everyone else. From her point of view you given her a very public black mark and damaged her reputation, she may choose to return in kind.

share|improve this answer

Walk away. Let's go. You have already spent way too much time and energy on this.

Having clients that don't pay is part of doing business. From shoplifting at the convenience story to websites that claim they didn't really use your code -- we have all been burned. We walk away, we let go.

We have all had clients who have "done us wrong" It was unfair. it was unjust. It was the terms of the agreement. And what do we do? We walk away. We let go.

We have all struggled with the truth in the phrase "the customer is always right" because in the end they are -- or will be! Your customer was not happy with the service. Who cares why. Who cares what she signed. She wasn;t happy -- and no one wants an unhappy customer. So we walk away and we let go.

We have all had to balance the benefit of collections with the cost to our reputation. Angry customers, clients (or employees) talk. And that talk is expensive. It is far more expensive than $60.00. This is why we walk away, and we let go.

Here is what you need to do:

  1. Go for a really long run and get your bad energy out.

  2. Take down everything you wrote online on her listing. Send an apology letter to the "ex-client" and forgive her outstanding bill. She was unsatisfied with the product-- refund her money. (Or in this case -- forget that she "owed you" any money.)

  3. Focus on providing a quality product and service to the customers who are happy.

Walk away so that you hold your head high --

share|improve this answer
1  
+1 for go for a long run. I'm partial to cycling, but the point remains. Don't get so worked up over small things. Take out your aggression on something else. – Kibbee Aug 17 '11 at 16:00

Turn it over to a collection agency. Rewrite the statement stating that "due to financial disagreements with established principles of paying invoices, we decided to block access to this profile" and tell her to sue if she feels like it.

Then inform her all contacts please go through your lawyer and she is on yourcorporate mail block now.

share|improve this answer
7  
-1 A collection agency for $60.00? Lawyer? The cost/benefit analysis doesn't add up. – Joseph Barisonzi Aug 17 '11 at 4:49
3  
Sure it does. Ever got a reminder for 20 USD? It is all automated and guess who pays the bill - the client. Any business hsould have that set up. Full automatic process. You think USD 60 is too low? Ever not paid a magazine subscription? This is less money and guess what - they also send you a collection agency. – NetTecture Aug 17 '11 at 5:36
4  
This is a bad suggestion. Would any lawyer handle a lawsuit for $60 or less? Collections would work, but the company would get pennies on the dollar, and I don't know if it would be worth the mental capital to bother with. – Andrew Neely Aug 17 '11 at 11:53
9  
If the US is crappy because it's difficult to harass someone for a small sum of money by attaching arbitrary fees, then I'm OK with that. The other answers here are right; move on, and certainly don't say things like "due to financial disagreements..." in public. There's no excuse for that sort of unprofessionalism. – Adam Robinson Aug 17 '11 at 12:47
6  
@Net: There's a difference between what's legal and what's advisable or professional. Just because it's legal doesn't mean that it isn't petulant behavior; if I saw something that online, I can't imagine that I'd do business with the company posting it. – Adam Robinson Aug 17 '11 at 14:56
show 3 more comments

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.