November 2013 has been perhaps the worst month I've been through in more than twenty years online.
I am stuck in a nightmare I can't seem to get out of.
As you might recall, for our most recent print sale, I set up our own web page with a shopping cart, called "topprintsandbooks.com." I did everything through a service called Volusion. Volusion, Inc., is based in Austin, Texas. I found them online; they seemed to check out, as far as I could tell. Naturally, since I don't know much about that sort of thing, I set up everything through Volusion: the domain registration, the shopping cart page, the credit card processing, etc. I did exactly what they told me to do.
And—of course—I explained to them completely honestly exactly what our business model is, what we wanted to do, and how we wanted things to work. Three products; sale lasts five days; we make the prints to fill the orders; the usual. We've had more than a dozen sales in the past and this one was not appreciably different. It was our third sale with this artist.
I received every assurance from Volusion's representatives that everything would be fine. At no time was I told that there was even the possibility of a problem.
And then we had our sale.
At that point—AFTER THE SALE WAS OVER—Volusion decided they didn't like my business model. They decided I was untrustworthy. They said I was a risk to them. And they informed me they weren't going to hand over the money.
That is, they refused to turn any of the credit card payments they had collected from TOP's customers over to me.
The next question (after I recovered from my shock) seemed obvious: If they weren't going to give the money to me, what were they going to do with it?
They said they were going to return the money to our customers.
Okay. When?
At first they wouldn't say. When pressed, they finally said the funds would be returned within five to ten days.
And then they kept the money.
And kept it.
And kept it.
Ten days passed. Nothing.
Meanwhile, I was trying to arrange alternate methods of payment with our credit card customers (which I'm still working on—if you haven't had a second email from me yet, you will very soon). But, quite naturally, people wanted to wait until they got their first payment back before they sent a second payment.
The bottom line is that now, finally, some of our customers have gotten their money back from Volusion.
But not all.
Volusion took the last credit card payment from OUR customer on OUR behalf on November 4th. It is now November 25th and as of this morning, not all of our customers have their money back. Volusion is still keeping it. In one specific case, a payment made on the morning 10/31/13 has not yet been returned. What am I supposed to tell that customer? He trusted me. And I've let him down. He's looking to me for customer service that I cannot provide.
I pressed Volusion again about it this morning. Still, their representative refused, repeatedly, to give me a solid answer.
I'm not quite sure I understand why all this is happening, but I do know one thing: it isn't Volusion's money. They have no right to keep it. It is either my money, and they should turn it over to me, or it is our customers' money, and they should return it to our customers. It doesn't belong to Volusion. They don't have the right to keep it. That's the one thing that seems clear.
The stress of this situation is practically making me physically ill. My heart palpitations, which I thought I'd beaten with diet and exercise, are back. I have been through one of the worst extended bouts of insomnia I've ever endured, and with me that is saying something. (Where's Michael Jackson's doctor when you need him?) And this has triggered my depression. It has been truly miserable, although the stress comes and goes.
I will be working on this situation again today. All day.
I apologize for burdening you with all this, but I do sort of want to keep you in the loop in case I decide not to do any more print sales. At least you'll know why. And I sure wish I had encounted a post like this one two months ago, when I was Googling "Volusion" to see what people thought of them.
To all our credit card customers this time, I can only say that this is entirely my fault, and I'm truly, truly sorry. If worse comes to worst I will reimburse you out of my own bank account.
I wish I had never heard the word "Volusion" in my life.
After this nightmare is over, I hope I never hear it again.
Mike
Original contents copyright 2013 by Michael C. Johnston and/or the bylined author. All Rights Reserved. Links in this post may be to our affiliates; sales through affiliate links may benefit this site.
(To see all the comments, click on the "Comments" link below.)
Featured Comments from:
Roger Bradbury:
The customers should contact their credit card companies directly. They should be able to very quick satisfaction.
Posted by: Herb | Monday, 25 November 2013 at 02:51 PM
What the hell is wrong with people?
By "people", I mean corporations, of course.
Posted by: Paul Bass | Monday, 25 November 2013 at 02:52 PM
Volusion and Vomit are similar?
Posted by: Bryce Lee | Monday, 25 November 2013 at 02:54 PM
Sorry to hear the upsetting news. Good luck. I'm sure most TOP customers will be very understanding.
Posted by: Eli Burakian | Monday, 25 November 2013 at 02:54 PM
Although I didn't take part in this print sale, it is one of the many things I appreciate about TOP. Best of luck as you work toward sorting this. Your work here is outstanding. Take care!
Posted by: Richard Westlake | Monday, 25 November 2013 at 02:56 PM
Uhh...Mike?
http://www.pissedconsumer.com/reviews-by-company/volusion.html
Sorry that you got wrapped up in this but I'm sure TOP readers will understand. Stuff happens.
Get some sleep.
Regards,
Jim
Posted by: Jim Hart | Monday, 25 November 2013 at 02:57 PM
What a dreadful story. Its usually a crap shoot when you find suppliers online, although I have never had any really bad experiences such as yours. These days there are many ways to process credit cards via a web site. Perhaps one of the simplest is to find a comet ant programmer to set ip up for you. I notice that there are many web "services' which do absolutely nothing except duplicate what common sense and a little effort can do.
Posted by: David Saxe | Monday, 25 November 2013 at 02:58 PM
A scary tale, indeed. I can understand why you are so upset. They are a big enough company that it seems hard to believe this is their modus operandi. They are also big enough that you should have some recourse, unless, of course, they forced you to sign all your rights away in the first place. I can't imagine why they would think your business was not trustworthy, as I consider you extremely trustworthy and would have no reservation doing any kind of business with you. I am sure I do not have all the details, but in time, I am sure this will all work out and I don't think you should worry so much.
And, of course, I will never consider doing business with that company.
Posted by: Edward Taylor | Monday, 25 November 2013 at 02:59 PM
That sucks, but please worry much less. You have the most supportive, understanding group of readers and photo buyers out there, and I bet this mess is resolved fully. Hang in there, and keep us informed. There are some real experts in various fields in your audience, and I bet some want to help.
Posted by: John Krumm | Monday, 25 November 2013 at 03:02 PM
Tell your customers to call their credit card company and void the sale. They will then charge back the processing company
Posted by: Jerry Eisen | Monday, 25 November 2013 at 03:06 PM
Get a lawyer. Today.
Posted by: Ben Rosengart | Monday, 25 November 2013 at 03:08 PM
Sorry to hear about your problems, Mike. I'm sure nobody here holds it against you that this company is acting the way it is. I do hope you've reported them to the Austin attorney general's office as it seems they're running some kind of scam.
Posted by: John | Monday, 25 November 2013 at 03:09 PM
Oh Mike, it sound horridly stressful. But I think you should trust your loyal readers to trust you, and the soul-baring honesty of this post of yours is one reason why. I hope it works out.
Posted by: Rob Graves | Monday, 25 November 2013 at 03:09 PM
Sorry to hear about these problems Mike, but hang in there, it'll probably be all right in the end.
Posted by: steven Ralser | Monday, 25 November 2013 at 03:10 PM
Ugh, what a terrible experience—I'm very sorry to hear it. Good luck with the resolution & I hope you'll find a way to resume your print offers in the near future. They're really great and I would hate to see them go away.
Posted by: Ben | Monday, 25 November 2013 at 03:11 PM
Mike, it's not your fault! Go and get some sleep. I wouldn't doubt for a second that every one of your customers will support you 100% in this.
Posted by: aaron | Monday, 25 November 2013 at 03:13 PM
What a horror show. However, you are not alone:
http://www.seoshoppingcarts.com/reviews/volusion/
Posted by: btrancho | Monday, 25 November 2013 at 03:14 PM
There is now a record of Volusion's business practices on the interwebs for all to see.
Posted by: Speed | Monday, 25 November 2013 at 03:16 PM
Lots of unhappy campers on the Volusion Facebook page. Looks like they put a big software update in place recently that is causing major headaches. I hope you get your ordering site problems behind you quickly. Too many good things to do to waste time on this issue. I appreciate your efforts.
Posted by: Matt Penning | Monday, 25 November 2013 at 03:16 PM
So sorry to hear about your experience. I understand how hard it is to do these types of on-line projects done correctly.
Posted by: ShadZee | Monday, 25 November 2013 at 03:16 PM
You're not the first to run into this problem. I suggest you document EVERYTHING--every contact, every failed returned payment, the initial agreement--and then tell Volusion you are submitting a fraud complaint to the Wisconsin state attorney general. Start the complaint, and forward a copy to Volusion to let them know you are not fooling around. Given them a deadline to return all the money; if they fail to comply, submit the complaint.
Posted by: Greg Boiarsky | Monday, 25 November 2013 at 03:18 PM
Check out this web site: http://www.pissedconsumer.com/reviews-by-company/volusion.html
Posted by: Greg Boiarsky | Monday, 25 November 2013 at 03:18 PM
Hi Mike, sorry to hear you're having issues with a shady company. If they don't cough up the money soon, I would recommend contacting the Federal Trade Commission's Bureau of Consumer Protection (http://www.ftc.gov/bcp/). The Texas Attorney General's Office also appears to have a Consumer Protection division (https://www.oag.state.tx.us/consumer/).
These organizations should be able to help you out.
Posted by: Brian R | Monday, 25 November 2013 at 03:20 PM
US Attorney and FBI for formal complaints. It is amazing how many suddenly come clean after two FBI agents appear at the door.
These guys are doing Interstate Commerce so it can be handled by the Feds. Go After Them. You pay taxes so make noise and let yoru tax paid law enforcement folk do the heavy lifting.
Posted by: dan | Monday, 25 November 2013 at 03:20 PM
Perhaps you should tell the people who haven't gotten their money back yet to contact their credit card companies and dispute the charges, which may lead to accounts getting credits. The credit card companies will then investigate and put much pressure on Volusion. They may decide Volusion is a fraud and cease processing payments for it.
Posted by: Scott L. | Monday, 25 November 2013 at 03:21 PM
Strange. In such a sink or swim world, I would have thought these kind of practices are relatively rare for companies this size...
... but you appear to have good company...
http://www.pissedconsumer.com/reviews-by-company/volusion/complaints.html
http://www.ripoffreport.com/reports/directory/volusion
http://www.complaintsboard.com/complaints/volusion-c360439.html
Pak
Posted by: Pak-Ming Wan | Monday, 25 November 2013 at 03:21 PM
I'm so sorry to hear that, it's a nightmare and it shouldn't happen in this day and age. I wish I could help, if you need advise on web services I might be able to offer some.
Please keep faith!
Posted by: Marc Gibeault | Monday, 25 November 2013 at 03:22 PM
Oh, Mike, I'm a bit lost for words adequate to the task. It's terrible. What a dreadful way to be so badly let down. Particularly knowing your genuine honesty and respect for your audience. And your earnestness to be up-front and transparent about your business model. How dare they.
Hey, I for one would encourage you to take the time you need away from us to deal with the situation and take care of yourself.
Best wishes for a speedy resolution. And take care!
Rod
Posted by: Rod S. | Monday, 25 November 2013 at 03:22 PM
It must have worked. Got my refund today, and sent off the payment via PayPal. Also got my Turnley book and it more than meets expectations – very high quality. I am really glad I bought it and look forward to my print.
Don't get too discouraged. I really appreciate the work you are doing: This is my third print purchase, all three of which are via TOP.
As well as my morning photography read, with your site I find out about great books (which I often buy), occasional recommended cameras to buy (like my Super Isolette), how to use film like XP2 Super, and I even have a pair of Super Focus glasses now on order (after reading Ctein on his pair). So you see, your work has ramifications you never dream of!! Please keep it up.
Posted by: Peter Wright | Monday, 25 November 2013 at 03:23 PM
Mike- I think most people who come here understand you to be honest, forthright, on the level. You have created that good will here, one of the very real reasons people continue to come back. I think those owed will understand that you are doing everything within your power to do right by them, and the fact that it may take time. Mind your health- that would be the greatest loss all around.
Posted by: Stan B. | Monday, 25 November 2013 at 03:23 PM
Listen Mike, don't worry yourself sick over it. Your fans are loyal, we will stick with you, and we also have patience.
IT will all be fine in the end, DON'T WORRY.
OK
We are here for you.
Posted by: Rob Smith | Monday, 25 November 2013 at 03:25 PM
Lurker delurking here just to say that I hate to hear about this nightmare you are going through. I bought a print through a TOP sale a few years ago, my first photo print purchase, and I love it. I really hope you find a way to keep doing them. If this means the end of them, that's just piling injury on injury.
(As an aside, you didn't mention people arranging for refunds via their credit card companies. Is there an issue there?)
Posted by: Keith | Monday, 25 November 2013 at 03:27 PM
Mike,
Chill. This will work out. It will continue being a pain in your neck until it's resolved but it will work out. And it does not reflect badly on you. Writing as one reader/customer, just keep us informed.
Posted by: Joseph Reid | Monday, 25 November 2013 at 03:28 PM
Hang in there Mike. Tomorrow is another day and this will pass. Not mere trite words, but based on experience of millions of people who felt similar to how you must feel now.
Posted by: Shelley Stallings | Monday, 25 November 2013 at 03:30 PM
Awful. Just awful.
Check out squarespace. I have only heard very good things. I believe they can do everything you need and are very reputable.
Posted by: Scott Symes | Monday, 25 November 2013 at 03:30 PM
I hate to say it but looks like your not the only one
http://www.ripoffreport.com/reports/directory/volusion
http://www.pissedconsumer.com/reviews-by-company/volusion.html
http://www.complaintsboard.com/complaints/volusion-c360439.html
Are there any legal types in the TOP readership who might be able to advise. I do hope you get this sorted out.
Posted by: Robin Whalley | Monday, 25 November 2013 at 03:33 PM
Dear Mike,
TOP is my favourite site on the internet. The world-wide contributors and commenters, ably guided by you, provide much food for thought.
I feel like popping around to "Volusion" and giving them a strong 'talking to'. They are the last company I'd ever use for anything, based on the way they have abused every single one of the top staff at TOP.
Thank goodness my initial attempt to pay by credit card failed, causing me to pay pal from the antipodes. A blessing in disguise.
Andrea.
P.S. The programming group to which I belong, adug.org.au , uses a 'payments gateway' firm that is reliable, but may necessitate conducting affairs in Australian dollars! A.
Posted by: Thingo | Monday, 25 November 2013 at 03:33 PM
Sorry you're going through this, Mike. I'm sure no one explicitly blames you for this situation, and I hope that they resolve it quickly and simply.
Question: could those who paid by credit card not lodge a complaint with their credit card company, to have those charges reversed? It would be incumbent on Volution to prove that the charges were, in fact, appropriate?
Posted by: Jayson Merryfield | Monday, 25 November 2013 at 03:35 PM
Mike,
sorry to hear about this. You might look into filing a complaint with the Texas Attorney General, and mentioning it in your next communication with Volusion. Sometimes just the suggestion of going legal is enough to get action.
Posted by: Rob | Monday, 25 November 2013 at 03:36 PM
Not caught up in this Mike but sorry nonetheless to hear about your troubles. FWIW, having read your blog for a few years now, I'd trust you implicitly and if it comes down to you vs. Volusion, I know who I'd side with.
Posted by: Patrick Dodds | Monday, 25 November 2013 at 03:37 PM
My goodness, Mike. This horror is so totally undeserved. I am sure every TOP regular will sympathize with you. And a few of us might be in a position (or have the knowledge) to actually help you or advise you. I wish you all the strenght you need and I am sure you will prevail over this idiocy - hopefully very soon.
Hans
Posted by: Hans Muus | Monday, 25 November 2013 at 03:40 PM
Mike!
I can relate. We had nothing but trouble with JustCloud. They guaranteed (moneyback) their service which plainly sucked. After interminable phone calls and their refusal to honor their guarantee, they kept offering us FREE six months service.
We could not figure how they figure we would want MORE bad service for free!
It gets weirder and weirder.
I am so sorry, Mike. Take deep breaths.
My two pesos!
Posted by: Hugh Smith | Monday, 25 November 2013 at 03:42 PM
Mike,
Please don't make yourself sick over this. Your readers know you as an honest and scrupulous guy. Most of us over the age of 12 have also been burned at one time or another by someone as unethical as Volusion appears to be. I didn't participate in this sale, but if I had, I'd be giving you all kinds of slack, not to mention sympathy. If it comes to the point where you have to take money out of your own pocket, please let us know. I, for one, would chip in a bit to help out.
Posted by: Bill Tyler | Monday, 25 November 2013 at 03:43 PM
Ah, Mike . . . I am so sorry to hear this. May these folks be visited with a measure of the misery they have brought on you. In the meantime, it sounds like you are working to change the things you can change, which is all anyone (including yourself) can ask. Year by year, day by day, your work brightens the day of multitudes while leaving them smarter about photography and so much more. This bump will pass. Please take care of yourself until it does.
Bill
Posted by: Bill Poole | Monday, 25 November 2013 at 03:45 PM
Stress got to my heart in the early 90's. I have learned to let go of the stress while dealing with the issues. Sadly, some online payment system companies actually hold peoples money for weeks, even though the laws require a mandated number of days for it to be forwarded on, or returned. This FLOAT period can earn them big bucks depending on the valume of cash held. If the customers made a credit card payment, all they have to do is file a credit card complaint with the card issuing company. Most likely they will be credited back the money to their account and then they will go after the handling company. I got rid of my credit card earlier this year as part of severing myfelf from a certain unnamed bank.
Posted by: Mathew Hargreaves | Monday, 25 November 2013 at 03:47 PM
Mike,
This "Volusion" sounds a lot like "illusion". I suspect you should figure out if it would not be the case to sue them. Everybody sues in America for much less than this.
Go through your friends network to find as an alternative somebody, that is trustworthy and has been tested before. Don't give up on the sales idea.
Regards.
Marek
Posted by: Marek Fogiel | Monday, 25 November 2013 at 03:47 PM
Mike, sorry to hear that - but even this nightmare will find an end. Did you receive the paypal payments? At least I did not get a reimbursement. Re the stopping of the print sales - please don't, you have so many happy customers - and I am still looking forward to my three Turnleys...
Cheers, and all the best anyways!
Posted by: Andreas | Monday, 25 November 2013 at 03:48 PM
Mike, so sorry to hear that you are having problems with this company. I looked around the internet and their reputation is terrible. It may have been better when you looked. Apparently there has been a software update that hasn't gone well and their customer service appears to be very poor.
Perhaps if a few TOP readers contact Volusion – or a few thousand, they will get the message.
I already have.
John
Posted by: John Seidel | Monday, 25 November 2013 at 03:48 PM
Mike, not that you need confirmation but here is a link to a review of volusion. The comments at the bottom tell the tale. The comments range from 2010 to last month.
http://www.seoshoppingcarts.com/reviews/volusion/
Really sorry to hear you are having problems with a wonderful print sale.
John
Posted by: John Seidel | Monday, 25 November 2013 at 03:53 PM
Sounds awful. This comment should be deemed as informational, not complaining. I paid on 10/30 via, and I have not yet heard anything about a refund - I checked both PayPal and the underlying credit card to no avail.
I trust you. I'm sure we'll get this thing worked out in time, but I did want you to have as much evidence as possible.
-barry
Posted by: Barry | Monday, 25 November 2013 at 03:55 PM
A post to Consumerist might be in order. Get them in line for a golden poo!
Posted by: KeithB | Monday, 25 November 2013 at 03:56 PM
Mike,
Awful. Maybe, if you haven't already, could lodge complaints with the Wisconsin and Texas attorney general offices, consumer protection bureaus, or whatever entities they're housed under. Also, those customers who haven't received their refunds yet could protest the charge, which would mean Visa and Mastercard, and whatever, would get involved. Meanwhile, those unrefunded charges would no longer be in Volusion's hands. This later would be a real headache to handle, but at least it'd eventually be a path where you could get the money and the customers could get the prints. I think if a charge is contested, then denied, there is still a fee charged for the processing (Visa and Mastercard want to make money no matter what).
Just some thoughts...
Yet another Mike
Posted by: Mike | Monday, 25 November 2013 at 04:05 PM
couldn't hurt:
https://www.oag.state.tx.us/consumer/complain.shtml
Posted by: john | Monday, 25 November 2013 at 04:08 PM
Have you reached out to Kirk Tuck, also in Austin? He may have some sort of connection that could help get a better response. Also, it's a PITA, but filing a complaint in court or with the TX Attorney General's office or consumer affairs dept might make sense too. It's Texas, but maybe worth a shot. Sorry that you are having this problem.
Posted by: Chip McDaniel | Monday, 25 November 2013 at 04:13 PM
Just tell the customers to have their bank or card issuer do a chargeback. The banks WILL get the money back from Volusion, and it won't cost you anything.
Posted by: Chris Crawford | Monday, 25 November 2013 at 04:16 PM
I'm sure there are more than a handful of lawyers amongst TOP's readership who would love to give you a hand with this, Mike.
And good on you for speaking out, because you are right that other potential customers need to find this story before they sign on with this company.
I wasn't able to place an order (just had a kid so certain types of purchases can't be made anymore) but I know as surely as every daily reader of TOP does that you are an upstanding dude. Curmudgeonly for sure, but honest and transparent about your business finances.
I hope this problem is resolved soon and the experience does not mar your enthusiasm for print sales. And please, get some sleep.
Posted by: Miserere | Monday, 25 November 2013 at 04:17 PM
Hmmmm... Volusion "seemed to check out"? When I put the two words "Volusion" and "problems" into a search engine, I get a very clear picture of the company.
Posted by: Roland | Monday, 25 November 2013 at 04:19 PM
I'll make sure to mention this on my blog and facebook. We want to make sure the next time somebody does a search on Google that your article is at the top of the search results.
Posted by: Greg Roberts | Monday, 25 November 2013 at 04:19 PM
I was one of the people affected by Mike's nightmare, but after talking to my credit card company this morning, I believe all is corrected - for me, at least. I received my credit card statement this morning and immediately called the phone number for disputed items. Even before I finished explaining the problem, the pleasant individual on the other end of the line said "Yes, I see an unresolved issue. There was a charge on November 1 and then a refund is noted, but the amount refunded is for less than the original charge. We will immediately credit your account with the difference, as no service was provided to you." I suggested to her that her company should really not do business with Volusion, but she replied that she did not expect any further investigation and regarded the matter as now closed. I would encourage others sharing this problem to talk politely with their credit card representative. If necessary, point out that your account has been charged, but no transfer or service has been provided or is expected to be provided. Oh, yes, I did also send Mike replacement payment via a non-credit-card service.
Posted by: Harold Merklinger | Monday, 25 November 2013 at 04:22 PM
Evening Mike
its sometimes the hardest thing to do - but we should not let other peoples bad behaviour influence our good intentions.
Sometimes we are surprise about the service we get (because its so good), and sometimes we're not.
TOP and Mike has always been much more to me than what you are describing in the blog above. And you should know that.
Perhaps its easy for me to talk, as I did not participate (this time) in the sale. But you know what, even if it was my money, I understand the situation and would patiently wait for the knuckleheads to had over the money either to you or back to myself. Its obviously illegal what they are doing
Muhammed Ali said: I ran on the road long before I dance under the lights...
Life is a hard slog as it is - please don't be to hard on yourself. You are important to us, remember that please!
So have a good laugh and sleep well tonight!
Johan
Posted by: Johan | Monday, 25 November 2013 at 04:22 PM
Perhaps there is a TOP fan out there that's an attorney who wouldn't mind volunteering some time to put that unscrupulous company in its place.
Posted by: Bob Schwiebert | Monday, 25 November 2013 at 04:25 PM
So sorry about this nightmare.
Volusion's negative reviews are very well concealed unless you google the better business bureau, which let me to this:
http://www.cardpaymentoptions.com/credit-card-processors/volusion/
I left a comment on that site, but given that I should have given more specifics, I am not sure it will be posted.
Jack
Posted by: Jack | Monday, 25 November 2013 at 04:25 PM
Very sorry for your troubles, Mike. Surely there must be an attorney or two among TOP's loyal readers who would be interested in pursuing this.
Posted by: Dave Jenkins | Monday, 25 November 2013 at 04:28 PM
Mike, when all is said and done make sure to put up a review here: http://www.top10ecommercesitebuilders.com/ It looks like with only 6 customer reviews Volusion is the best on the net.
Posted by: Greg Roberts | Monday, 25 November 2013 at 04:31 PM
Thank you for the cautionary tale, Mike, and hang in there. The rest of us are forewarned.
Will
Posted by: Will | Monday, 25 November 2013 at 04:31 PM
Have you tried getting in touch with the Texas Attorney General's Office in Austin?
Posted by: BruceK | Monday, 25 November 2013 at 04:33 PM
Michael,
No Stress, I believe you have the upper hand here.
It is Absolutely clear that in no case could they have a claim on the money. It belongs to you or your customers.
You, and every one of the your customers in this transaction should file a complaint with the State Of Texas Consumer protection agency Internet Fraud division. Here is the website http://www.ic3.gov/default.aspx
The outfit in question is within their juris diction.
I believe the fine State of Texas would take a dim view of folks like this.
My guess is they would rather return the money than deal with this.
I would also post this story widely, so that anyone who searches their name will find it.
PS when it comes to collecting money and shopping carts etc you probably want a known quantity, with lots of satisfied users.
Michael
Posted by: Michael Perini | Monday, 25 November 2013 at 04:34 PM
They decided you were untrustworthy???
Posted by: Mark Roberts | Monday, 25 November 2013 at 04:38 PM
Call an attorney. That usually speeds up the process. If you can't afford it, contact the local bar association in Wisconsin or the one in Texas. Law schools (incl. your local ones, and probably at least one in Texas) often have clinics where students work pro bono on cases (supervised) to gain experience - not sure if this kind of thing is up their alley, but won't hurt to check, especially if it is a clinic geared towards internet law or consumer protection issues. Unfortunately, there are too many scammers online and sorry to see that you seem to have found one.
Posted by: Ken | Monday, 25 November 2013 at 04:44 PM
Mike,
Read the terms and conditions for the contract you signed with Volusion. See if they is any language there that could allow them to hold on to payments made through their site. If not, Contact better business burrow, the police and your lawyer if you have one. Sounds like fraud to me. If they don't have any words to protect them in a contract you signed or showed to people whom are using the site. Could be a huge class action law suit. The company could lose reputation and damages (ie millions, you have been damaged) so I would mention this to them.
Posted by: DavidB | Monday, 25 November 2013 at 04:45 PM
Mike,
I suggest you contact the Texas Attorney General's office, Consumer Fraud Division (or whatever they call it in Texas), and the Better Business Bureau. Be ready to provide copies of all written and email correspondance, and summaries of your phone conversations and dates/times. It may help you- or may not- but it puts them on the radar. That certainly sounds like a shady operation.
Unfortunately, I can't offer any good alternatives, as I haven't been setting up any websites. Possibly another reader can.
Posted by: rnewman | Monday, 25 November 2013 at 04:45 PM
Any Texas attorneys out there who can help Mike? A call to the Austin District Attorney would be a start, as well as a call to the company to remind them of the treble damages provision of the Texas Deceptive Trade Practices Law.
Mike - you really need to figure out Paypal - there is no reason you need a third party to handle your sales.
Posted by: Ed Richards | Monday, 25 November 2013 at 04:46 PM
Mike,
I am not surprised about this. Unfortunately it seems that all the companies that process credit cards are skewed against small businesses, and having a good record with one (which I suppose PayPal is an example) does not mean you have one with them.
After saying that I think that the best route for you is to separate those 2 services, in other words have one company that works with you and the e-commerce web site and another that processes your credit card payments (PayPal is one you can still use if you want). If you are interested I would recommend Magento Commerce who has a small business version called Magento Go that does everything you may want in an e-commerce site, except that it does not process credit cards, you can setup PayPal for that.
I would be more than happy to help you with that if you want, I have set up a couple of Magento sites and after the first shock of learning how to use them (the problem is that they are very, very, very complete and full of features) they become second nature.
I am sorry for all your problems and best of luck!
Posted by: Alberto | Monday, 25 November 2013 at 04:50 PM
I am really sorry for your troubles Mike. I hope they are resolved soon. This is completely unrelated but I was hoping it would provide you some comic relief - http://youtu.be/lRY4-feFZZY This guy nearly lost his Nikon D800 to a pride of curious lions.
Posted by: Michel | Monday, 25 November 2013 at 04:55 PM
All of your credit card customers should do chargebacks with their credit card companies at this point, rather than waiting for Volusion to refund.
This has the added benefit of downgrading Volusion with the credit companies.
Posted by: Timprov | Monday, 25 November 2013 at 04:56 PM
That truly sucks. Did you have a contract? Can you sue them? Any regular readers who are lawyers?
Posted by: Jim Bullard | Monday, 25 November 2013 at 04:58 PM
It sounds like that company is violating Federal law. I would contact the Federal Trade Commission and the U.S. Attorney General office. Also, contact the credit card companies. They won't want to do transactions with that company again. Good luck Mike, and try not to let it get you down. You will prevail.
Posted by: R. Edelman | Monday, 25 November 2013 at 04:58 PM
Maybe there is an American lawyer among TOP's readership?
Posted by: Hugh | Monday, 25 November 2013 at 04:59 PM
Mike, Terribly sorry you are getting burned by Volusion. Breathe and HEAL! You are an honest broker and you know it! Here's link of complaints about Volusion, you are not alone:
http://www.seoshoppingcarts.com/reviews/volusion/
Posted by: Jon Levi | Monday, 25 November 2013 at 05:01 PM
File a complaint with Texas Consumer Protection Agency. https://www.oag.state.tx.us/consumer/complain.shtml
I have no idea of how effective that agency is but it will certainly won't hinder your efforts to recover that money for you or your customers. Also, it would not hurt to send Volusion a link to your article. It should undercut their unfounded belief concerning the integrity of your business. That company should be concerned about its reputation, too. Maybe customers that ordered prints could assist your efforts by sending Volusion an email stating that they did order a print and confirm that you are not an illegitimate website.
Posted by: Steve Malshuk | Monday, 25 November 2013 at 05:15 PM
Just keep calm. There's no reason to put your health at risk. I think you have a good enough reputation for your customers to understand the situation. About the company, with the amount of traffic your site has, I'm pretty sure they'll give you a solution soon.
Good luck!
Posted by: GMR | Monday, 25 November 2013 at 05:20 PM
Michael,
I read your blog often and very sorry to hear that! Although it makes me very curious because I have a store with Volusion I've had open for a few months. Are you using the credit card processing that Volusion provides? That's what I decided on and haven't had any problems, but, I was under the impression that my store is just connected to Authorize.net as the payment processor. Because I know I'm being billed for my merchant account from a different company (Global something). I haven't really inquired since I haven't had any issues, and obviously don't know about the conversations you've had but I didn't think Volusion actually does any of the processing? Interested to hear how this turns out.
Posted by: Jason Hardman | Monday, 25 November 2013 at 05:30 PM
"Where's Michael Jackson's doctor when you need him?"
He's out of custody, on parole. But I don't think you can afford him, the financial part being the least of the reasons.
Posted by: Stephen Gilbert | Monday, 25 November 2013 at 05:33 PM
Mike:
my sincere condolences, esp. in the matters of insomnia and depression, with which I am all too familiar.
You have a pulpit - don't apologize for using it. Let the world know about your experience with this outfit. I plan to buy in future from TOP, despite this. The Mike Johnston brand, as far as I am concerned, is unsullied, even burnished, by your forthright account of this.
Posted by: Steve G, Mendocino | Monday, 25 November 2013 at 05:39 PM
Mike, I used PayPal on the TOPPAB site on November 1st. Hopefully that was paid directly to you and wasn't processed through It Whose Full Name Will Not Be Spoken. It's not clear to me whether that method of payment was handled by Voledemortlousions.
Please don't stress yourself out too much and damage your health. You did a good thing for the TOP community and Peter. It isn't your fault that you got screwed by some A-holes. I doubt anyone affected by this is laying blame at your feet.
You'll find some other service to use, unless you are planning to shut down TOPPRINTS AND BOOKS completely, which would be a tragedy.
There are much worse things that can happen in this life, to wit:
In the last five years I have been through a Near death/disablement medical issue ( rear cerebral stroke) , friend (cancer) and family (heart attack) sudden deaths, loss of my business and ensuing financial problems from my stroke, a beloved pet dying suddenly (cancer) and a recent job loss (corporate cost cutting) causing me to have to go back into business for myself (actually a blessing as I'm physically able to now)... so when I say " it's only money don't let it screw you up" I'm speaking from experience. Problems just don't upset me anymore. I'm just happy to see a brand new day, no matter what it brings.
You are a good person from what I can tell reading TOP. This will work out and be just a bad memory and a learning experience. Hang in there man.
Posted by: Bob Smith | Monday, 25 November 2013 at 05:41 PM
Mike the only way to look at this is that it's a business matter that has gone wrong through no fault of yours.You did everything you could to make sure it was set up properly and unfortunately have been let down.
Hopefully it will work out and everyone will get their money back and you can make new arrangements for to complete the sale orders,but you must know that worrying about it and making yourself unwell serves nobody .
This will pass and at the end of the day it's only money and no one has died so chin up and best foot forward Mike your loyal followers at TOP are with you all the way.
Posted by: Michael Roche | Monday, 25 November 2013 at 05:42 PM
Outrageous! You should contact the BBB and attorney general in Austin.
You also could have used the title from the "Open Mike" column.
Posted by: Joel | Monday, 25 November 2013 at 05:43 PM
Mike:
Don't beat yourself up over this - it is not your fault. I would not hesitate to buy from you at any time. Hang in there!
Posted by: Dan Gerth | Monday, 25 November 2013 at 05:43 PM
Links to your previous post about Turkeys. But seriously, Mike, I do feel for you and hope that the publicity generated by your post and by other TOP readers brings Volusion to its senses. Is there a consumer complaints hotline that you can access? Is your bank involved in any way? I was ripped off online a few months ago and found that my bank was really helpful. (For your eyes only...happy to make a donation if you have to refund anyone and it gets you out of trouble)
Posted by: Ann | Monday, 25 November 2013 at 05:44 PM
Hang in there Mike - Although I wasn't part of the sale (so it is easy for me to chime in) - the majority of people who follow TOP know you're a stand-up guy.
Shysters like Volusion will get their due and unfortunately this is part-n-parcel with shopping on-line. People should sick their credit card companies on Volusion - AMEX has never let me down in this regard.
Thoughts,
Alex
Posted by: Aleksei Saunders | Monday, 25 November 2013 at 05:45 PM
Google "volusion nightmare." You're not the only one.
All I can say is, that sucks royally. I hope you can get this behind you and forget about as quickly as possible.
Posted by: Joe Holmes | Monday, 25 November 2013 at 05:47 PM
Mike, I'm so sorry to hear this. I hope this ridiculous situation gets over soon and without much more stress to you. I don't see how this can be construed as your fault, these things happen.
I would threaten legal action. Though I suppose you've already done that.
To possibly save future headaches: if you're looking to use an online service, check it out on ResellerRatings first. For example, here is Volusion:
http://www.resellerratings.com/store/Volusion_Inc
They have a score of 1.67/10, with 5 out of 6 reviews 1-star stinkers. You will doubtless relate to the customer experiences in the reviews.
By way of contrast, here is B&H Photo (9.7/10): http://www.resellerratings.com/store/B_H_Photo_Video_Pro_Audio
I regularly use Amazon, which has a somewhat lower score on ResellerRatings (7.10). But by and large low scores and bad reviews are huge red flags.
Posted by: expiring_frog | Monday, 25 November 2013 at 05:49 PM
Mike,
I am sorry to hear of your struggles with the services vendor. This is probably not a new idea, but could Kirk Tuck look I to it? He lives in Austin, and has connections in the business community.
First and foremost, please take care of yourself.
Posted by: Alex Vesey | Monday, 25 November 2013 at 05:51 PM
Mike,
Can't folks just dispute the Volusion charge with their credit card companies. That should get the money back to them and make this Volusion's problem.
Posted by: Eric Schneider | Monday, 25 November 2013 at 05:53 PM
Horrible.
Mike, stop blaming yourself and have a lawyer write a letter for you.
Also, please please please make damned sure that the domain name is registered (at least as far as the Administrative Contact is concerned) in your name. You can check this with a "whois" service.
Email me ([email protected]) if you have any questions. More than happy to help with the tech/hosting bits.
Posted by: Indigoid | Monday, 25 November 2013 at 06:01 PM
While I am not one, surely there has to be, in TOP's readership, a Texas lawyer who can send them a letter on your behalf. This is wholesale BS.
Posted by: Chris Klug | Monday, 25 November 2013 at 06:03 PM
Credit card customers should have recourse through their credit card company, if the company they made payment to was fraudulent.
Posted by: Richard | Monday, 25 November 2013 at 06:05 PM
Sorry to hear all that Mike, I'm sure in the long run things will work out for the better because of this though, somehow!
Posted by: Sam Murphy | Monday, 25 November 2013 at 06:06 PM
Well it's easy for me to say since I'm not involved in this sale, but I would think that people will understand. You're running a one-man business here and it's obvious that the print sales are not about making anyone rich and we aren't talking huge sums for any single customer. Anyone would feel stressed out in your situation, but I'm sure it will work out and people will understand.
As for the money, card users can complain to the card issuers about their money being held, but how that will then work out in this whole scheme is not something I can answer. It's hard to see that the payment processor could in such a case blame you, as they haven't transferred you any money. In any case, the customers should be safe in getting their money back, I wouldn't worry about that part.
Posted by: Oskar Ojala | Monday, 25 November 2013 at 06:08 PM
I read your posts but have never posted myself.
You need to calm down. No doubt this is a sad situation, but I do not see it as your fault. I agree that you should do what you can to make it right, but beating yourself up over it does no one any good. Even if you made a mistake -- and I don't see that you did -- we all make mistakes, and some are far more serious than this. I'm sure you agree.
You have many friends in your site's audience. Keep us advised and let us know what we can do. I am thinking about financial support, if it comes to that.
Posted by: Doug Leslie | Monday, 25 November 2013 at 06:09 PM