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A disabled customer

something is really weird

         

bcc1234

9:23 am on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I run an e-commerce store using drop shippers, and for the past week or so, I've been getting calls (to the call center) and e-mail to me from one customer who says he is really sick and has problems concentrating and that the website is confusing. In one e-mail, he stated that he is not the one actually writing the e-mail, but he is asking a nurse to do it.

I don't mind helping the guy, and the call center I'm using takes phone orders for people who don't want to (or can't) order on-line.

The problem is that he keeps placing (small, so no fraud here) orders and he keeps telling me how hard it is and that he needs help, even though he already has placed orders in the past.

In one e-mail, I told him that he is doing ok and he just need to place the orders the same way he had already done previously on my site.

To that, he responded that he forgot how he did it, and kept talking more about how hard it is for him and how much he would love to keep shopping.

As I said, I don't mind helping him and doing some hand-holding, but today something just hit me. I recalled a case of a disabled man in California going to restaurants and then suing them because mirrors were too high or doors were too narrow. He kept doing this on regular basis and collected something like $400k and counting on Americans With Disabilities Act or some similar law.

Does something like that apply on-line? I read there were some talks about this stuff and that some laws might be adjusted/enacted. But is this already a reality for e-commerce or is it only in the works?

Could an e-commerce store get sued under this act?

I'm really worried right now because this guy is just too persistent and too "confused". I understand there are people with disabilities, but this guy just keeps takling on and on about how hard it is for him as if all e-mail transcripts were already destined to become case exhibits.

Does anybody have any info on stuff like that?

rocknbil

9:42 am on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Lawsuit against Target recently discussed on this website [webmasterworld.com]. If your site follows accessibility guidelines, you're doing the best you can.

bcc1234

9:51 am on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



rocknbil, I've read that thread, and I'm fine as far as the ALT tags and stuff like that.

Staffa

10:17 am on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



this guy is just too persistent and too "confused"

I cannot give you advice but personally I would put my guard up.
The guy is not 'too confused' to be 'too persistent', ie he knows what he's doing in being confused.

bcc1234

10:29 am on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



The guy is not 'too confused' to be 'too persistent', ie he knows what he's doing in being confused.

That's what I'm afraid of. Any ideas on how to handle that?

sniffer

3:40 pm on Jan 7, 2007 (gmt 0)

10+ Year Member



If it is worrying you this much then cut him off

Essex_boy

4:31 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Sounds like he setting you up for a fall.

Be very careful dealing with him.

Staffa

8:30 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Personally, I would ban his IP number from having access to my site.
It is not because a site has to be user friendly to disabled visitors that one has to accept every visitor that wants to access the site.
I would just consider him to be another bad bot.

bcc1234

9:36 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If it is worrying you this much then cut him off

I don't care about losing some profit. It's not that much anyway. But cutting him off would actually make me discriminate against a disabled person. Which _might_ be exactly what he is trying to achieve.

bcc1234

9:39 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Be very careful dealing with him.

What do you think being careful is in such situation?

jsinger

10:38 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



What do you think being careful is in such situation?

I'd start by finding out exactly who he is and where he lives so you can look him up in G or even run a credit report. Get his lineline phone number next time he calls and phone him back.

BUT keep in mind there are millions of very prosperous elderly who shop the web because they can't get to stores. Are his orders consistent with that situation?

=====
BTW, we had a post on here a few months ago about rude customers. One WebmasterWorlder said he eventually learned that one such customer was calling from a mental institution. :) (big market btw)

bcc1234

10:52 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



jsinger, I'll probably call him myself. I'm not worried about fraud or losing his future orders. I'm only worried about getting sued.
The better my various ventures are doing the more paranoid I become about getting sued :(

I've been sued in the past on some obscure Act I've never even heard of (over this same website, actually). So now I worry that there might be some law that is not well known in public, but being mined by some lawyers.

The same way we go after niches in marketing, there are lawyers that go after legal niches by finding people who could become victims under such Acts and then pointing them to businesses that are likely to break those Acts.

It's really scary.

jsinger

11:26 pm on Jan 7, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



but being mined by some lawyers

I'm a lawyer by education. Haven't practiced in years. I don't think you're likely to have anything to worry about in this situation from what you've said. (are you in the USA?)

Sounds like you're being more than polite and helpful to him.

bcc1234

7:14 am on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



are you in the USA?

Yes.

Sounds like you're being more than polite and helpful to him.

OK, thanks.

bwnbwn

4:11 pm on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



We for a time had this one guy who used the operator for calls as he was suppose to be disabled some way or another , ie sight, hearing, but was actually a fraud and used stolen cc cards for the charges.

First time kept the phone tied up for 30 minutes to complete the order, we checked the cc and found it stolen reported it to the cc and phone co, but he would call every month with the same try, finally after about the 10 try the phone company would come in and say this was a suspected fraud.

I wouldn't be surprised it this wasn't the same thing so be on guard this guy might be a fraud as the phone company wised up to him and banned his use.

bcc1234

4:18 pm on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



bwnbwn, I thought about it. But as I said, I'm not worried about fraud as much as a lawsuit of some kind.

If I get several small orders from someone, and then get a bigger order, I don't let it slide just because it's an existing customer. I still check all the usual things.

So if that's the case here, I'll find out after he decided to order a lot of merchandise.

And if I'm out of the money for the small order + chargeback feed -- that's not such a huge deal. Not pleasant, but not terrible either.

Essex_boy

7:51 pm on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Try and find out just what he finds difficult about the site and amend if at all possible.

Check out useability laws and comply - last but not least!

Incorporate your site, youll sleep easier at night.

deejay

8:35 pm on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sounds like he may have a head injury... reminds me very much of the behaviour I saw when I worked as a case manager for a number of years.

Yes, they can be horribly confused... and yet they can be clear enough to be horribly persistent, eg, remembering what they want to do, but not having the foggiest how to do it, regardless of how many times they've done it before.

And once they find a willing helper, as you have apparently been, they will continue to come back and back... if only because the rest of the world is so quick to close their doors that you become one of a very few options for them.

I would ask him outright what his disability is*, how it affects him... if he has a nurse or caregiver writing for him then that should be do-able. Phrase it in terms of you'd like to know the best way to help him. If you can get an understanding of what his problem is, then things may start to fall into place as far as what his problem with the site is.

Of course, that depends on how much effort you want to invest in him.

....and, of course, bear in mind that if it is a head injury and you reach out a helping hand... he will continue to come back... and back...

* don't know the first thing about the laws where you are, or if you can ask, but if this is done with a clear intention of helping you to understand the issue, rather than finding a reason to close the door on him might be ok?

bcc1234

8:43 pm on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sounds like he may have a head injury

Yep. Talked to him today. Turns out he is an old WW2 vet with serious mental and physical injuries.

Try and find out just what he finds difficult about the site and amend if at all possible.

Won't do much good in this situation. And he is well aware of how confused he is. Overall a nice guy, but changing site to suite him is simply not possible.

Check out useability laws and comply - last but not least!

Did that a long time ago.

Incorporate your site, youll sleep easier at night.

Same here. Did it right from the start, but the ease of sleeping hasn't kicked in for some reason :)

pp_rb

9:24 pm on Jan 8, 2007 (gmt 0)

10+ Year Member



If he's ordering the same product from you each time, do you have the ability to just have a standing order & bill him on a recurring basis?

Of course, that wouldn't work if what he really wants is the chance to talk to someone helpful every so often. But, if he's legitimately needing the same or similar products regularly, you might be able to find a way to make it easier for you & him by getting his orders handled without involving the website for every purchase. (This depends on whether you have recurring billing or reference transactions available via your gateway, and can support it via your sales/call center staff.)

deejay

10:20 pm on Jan 8, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



ok, cool. if he has a head injury and a nurse or caregiver is involved, then they probably have strategies in place like notebooks of important stuff.. step by step lists - even if he isn't capable of using them, the caregiver will.

If you've processed orders from him before, then presumably identifying what he wants to order isn't a huge problem, but rather putting the order in?

Could you write a quick step-by-step that you could send to the caregiver to file for next time? I know you may already have something like this on site - FAQs and such - but the thing is with head injuries they can often only cope with information from limited sources... something they can pull out of their *own* filing system is fine, but having to look for information on a site (ie, use someone else' filing system) is beyond them.

ispy

2:51 am on Jan 10, 2007 (gmt 0)



If he already ordered he can't take legal action. That proves that he could access and order through the site with his disability.