Can you sue

scottmccloud · 17-07-2012, 10:47:16 PM

Personally I'd just take it on the chin.

Legal action (if you could find a solicitor who specialises in this kind of thing AND who would be willing to take your case on) could prove to be hugely expensive.

namealot · 18-07-2012, 09:13:23 AM

You could sue anyone can would you win I doubt it… …. To win any legal action would be down to the contract and unless they were complete morons... Even if you were to win would you get anything from a limited liability company doubt they’d have any assets...

D600 · 18-07-2012, 10:16:53 AM

I'd tell them that you will and see I know people who have tried and failed in the past in court.

monaghan · 18-07-2012, 10:18:08 AM

I guess it would be difficult to prove in law, much of SEO is open to many different interpretations. If you can demonstrate methods used in violation of any of the major search engine guidelines then you may stand a chance. I'd suggest finding that legal someone sufficiently clued up may be the biggest challenge.

namdas · 18-07-2012, 11:24:24 AM

To be honest I think it will be hard to win a case - and it is likely that the web site is recoverable.

Have you looked at a report of the links you have built? Even if it comment spam etc the issue is likely to not be type of link, more likely that they have been overly aggressive with a particular anchor text - and if that is the case then it is fixable by building new links with url/generic/branded anchors, though it might take a month or so after the new links are built before it pops back.

If they are not super spammy links I'd recommend you ask that they help you recover by building some new links FOC, but if they are of the forum profile/comment spam type you're probably better off buying a bunch of cheap paid directory links for $10-15 each to dilute the anchor text.

kate-brownhill · 23-07-2012, 12:02:35 PM

Quote:

Originally Posted by getmein

If the links are under their control, I'd ask them to remove everything they have done and then see where you stand.

That would be the best option but i very much doubt these companies have control over their links. This should really be the first question any person looking for an SEO company should ask:

"In case anything goes wrong, can you guarantee complete removal of every link in less than 3 months?" If the answer is no, i would think very carefully before going ahead. There is not one link on any site that we ever worked on that i am unable to, if needed, contact the webmaster and have it removed promptly.

With regards to legal action, unless its a large company/seo agency, then you might as well concentrate your efforts either rebuilding a new site or working hard at removing the links yourself.

Good luck,
Kate

dashu1 · 23-07-2012, 03:08:53 PM

Yes going to court is a total pain, we're in the middle of a small claims court action taking a non paying customer to court, and it's a farce beyond belief.

In small claims the judge only needs to be 51% sure in one parties favour or the other to make his/her decision, but you need to be able to prove your case, and if the other party want to they can make it very difficult by trying to obfuscate the truth and make claims that you then need to spend time, effort, and money refuting.

Unless it's cost you a substantial amount of money I wouldn't bother.

On the other hand if you're a member of your local chamber of commerce they have free legal help, so that might be worth a punt.

18-07-2012, 10:18:08 AM	#14 (permalink)
monaghan Join Date: May 2007 Posts: 1,423 No Classified Ratings Domain Trader Rating: (100% / 7)	I guess it would be difficult to prove in law, much of SEO is open to many different interpretations. If you can demonstrate methods used in violation of any of the major search engine guidelines then you may stand a chance. I'd suggest finding that legal someone sufficiently clued up may be the biggest challenge. __________________ Alex Monaghan - Drop Catch & Drop Lists - PM for details Online Accounting\|Pine Furniture\|Geek Shirts

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17-07-2012, 10:47:16 PM	#11 (permalink)
scottmccloud Join Date: Sep 2011 Location: Great Harwood Posts: 282 No Classified Ratings Domain Trader Rating: (100% / 11)	Personally I'd just take it on the chin. Legal action (if you could find a solicitor who specialises in this kind of thing AND who would be willing to take your case on) could prove to be hugely expensive.

18-07-2012, 09:13:23 AM	#12 (permalink)
namealot Join Date: May 2008 Posts: 1,551 No Classified Ratings Domain Trader Rating: (100% / 6)	You could sue anyone can would you win I doubt it… …. To win any legal action would be down to the contract and unless they were complete morons... Even if you were to win would you get anything from a limited liability company doubt they’d have any assets...

18-07-2012, 10:16:53 AM	#13 (permalink)
D600 Member Join Date: Feb 2012 Posts: 87 No Classified Ratings Domain Trader Rating: (0% / 0)	I'd tell them that you will and see I know people who have tried and failed in the past in court.

18-07-2012, 11:24:24 AM	#15 (permalink)
namdas Join Date: May 2008 Posts: 101 No Classified Ratings Domain Trader Rating: (100% / 5)	To be honest I think it will be hard to win a case - and it is likely that the web site is recoverable. Have you looked at a report of the links you have built? Even if it comment spam etc the issue is likely to not be type of link, more likely that they have been overly aggressive with a particular anchor text - and if that is the case then it is fixable by building new links with url/generic/branded anchors, though it might take a month or so after the new links are built before it pops back. If they are not super spammy links I'd recommend you ask that they help you recover by building some new links FOC, but if they are of the forum profile/comment spam type you're probably better off buying a bunch of cheap paid directory links for $10-15 each to dilute the anchor text.

23-07-2012, 03:08:53 PM	#17 (permalink)
dashu1 Join Date: Nov 2008 Posts: 1,021 No Classified Ratings Domain Trader Rating: (94% / 14)	Yes going to court is a total pain, we're in the middle of a small claims court action taking a non paying customer to court, and it's a farce beyond belief. In small claims the judge only needs to be 51% sure in one parties favour or the other to make his/her decision, but you need to be able to prove your case, and if the other party want to they can make it very difficult by trying to obfuscate the truth and make claims that you then need to spend time, effort, and money refuting. Unless it's cost you a substantial amount of money I wouldn't bother. On the other hand if you're a member of your local chamber of commerce they have free legal help, so that might be worth a punt.