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Can someone please give me advice on this topic? I was recently

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Can someone please give me advice on this topic?

I was recently commissioned to make an (adult) comic strip. The person paid me already and I've already sketched out the images for the comic. Now, three days later i get an email from his MOM. She's telling me that the person who commissioned the thing was her 15 year old son and now she wants a refund because apparently he used her card without her permission.

Now i'm pissed because this is the exact shit that I was trying to avoid.

Although i'd rather not give the refund at all, i'm considering giving a partial refund since I already put my time (the past two days) into this shit.

So please, what is the best coarse of action?
>>
>>2988390
I would vote partial refund.
Your hours are already used up, you are trading your life hours and experience for money.
>>
No refund since it's her dumb ass's fault that her kid got the credit card in the first place.
>>
This is why payment is typically done in two or more stages, with the first being a non-refundable deposit.

Give back half of the money and say the other half is a deposit that won't be refunded.

Explain that your time is valuable and her fuckup doesn't make your time any less valuable.

Draw some kinky shit and send it to her telling her it's what she paid for. Make her son look like a freak as retribution for getting you in this mess.
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>>2988390
What was the strip and how fucked is the kid
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>>2988390
just verify that it's true and give her the full refund. it doesn't pay to be a cunt, do you really want her badgering the shit out of you for ages, talking to paypal, or even taking you to small claims court?
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>>2988390
She's not entitled to a refund. It's her responsibility since it's her job to keep an eye on her kid and her card was used. Just make sure to remind her not to let her kid see the comic strip you will send her and tell her to respect the spirit a contract was made in as well as the person providing a service.
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>>2988390

>common sense would be no refund
>moral sense would be partial refund
>skeptical sense would be realising this is a ruse from the client knowing that if you don't refund and they report you, your account would be closed because paypal doesn't accept adult commissions, forcing you give a full refund out of fear
>>
>>2988390
Dear 2988390,

Please delete this thread

Yours sincerely
A concerned parent
>>
>>2988406

>If he's in a different state, small claims court is basically impossible.
>Paypal will not give her money back
>Her credit card company will not issue a stop payment on her behalf
>If you give her a dime you're being considerate
>I would be polite, and give a partial refund along with an invoice for the hours you already spent.
>Like anon said, explain to her parenting decisions don't make your time any less valuable.
>Her irresponsible parenting created this financial dilemma for her, not you.
>Cheers and good luck.
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>>2988414
But how would Paypal know that it was pornographic? I assume they need more than just a random claim from a buyer. It's not like you would ever write in the paypal info that the subject was something that breaks their rules, right?
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>>2988417

Dear American Parent,

Your son has been flogging his log.

Grow up and do some real parenting.

The rest of the world doesn't care about your kid, and non of us are willing to shelter him the way you do.

Sincerely,

The rest of the world.
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>>2988398
This. Share.
>>2988430
>This. PayPal will not take her money back from you.
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>>2988406
>it doesn't pay to be a cunt
Mother fucker my time on this earth is limited. My time isn't free. Especially since I have two other people waiting on commission.
>>2988414
>moral sense would be partial refund
That's what I ended up going with. I offered Fifty Percent. Awaiting a reply.
>>2988411
I agree but id rather avoid further problems like the other anon said.
>>2988398
It was a motherXson incest comic
>how ironic
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>>2988390
Listen to >>2988397 because this nigga get. That shit is strictly between her and her son's dumb asses, so fuck being nice about it. Besides, you can't actually prove it's even his mom in the first place so you could actually be getting swindle.
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>>2988444
>a motherXson incest comic
>paid for with his mother's credit card
>>
>>2988390
well if it's not done and only sketches a partial refund sounds fine
they didn't get the work so it's not a ruse and you didn't finish so you don't get full compensation

now you might as well post the wip or finished strip on your blog and here
either way, pyw
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>>2988444
>It was a motherXson incest comic

...Did you tell her? I mean if you are talking to the one who paid for the service then there shouldn't be any business ethical problems.

You could tell her you offer her a partial refund based on it but don't reveal the content. If she want to know her kids fantasies she will need to read the comic.
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>>2988444
>It was a motherXson incest comic

Hue. Also post comission when you are done with it.
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>>2988455
>If she wants to know her kids fantasies she will need to read the comic.
>mom wants to know wth her kid ordered but kid won't say
>"pay me in full and you'll see the finished product"
>curiosity kills her; leaves full payment
>open email next week to motherxson porn
>hfw
Yes
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>>2988455

I don't think it's a solid long term business strategy to potentially ruin a client's family life, especially when he knows which account you operate from. I would imagine most people who commission smut would probably be terrified of the prospect of their friends and loved ones finding out, so OP would be burning down their account and whatever following they have so far. If it was done over Paypal, the commissioner may even have OP's real name. Basically, this would start a potentially very nasty vendetta.
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HOW ABOUT YOU POST THE DAMN DRAWING SINCE WE ARE HELPING YOU ANON
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>>2988461

Or he could be thankful to OP that thanks to him he and his mother finally got together and now are living happily together, fugging every day.
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>>2988461
>If it was done over Paypal, the commissioner may even have OP's real name.

Well that would be stupid of OP. If you draw smut and don't want it linked then first step would be to make sure it can't be traced you your real name.

Beyond that the angry vendetta of a 15y old just sounds like free exposure. If the work is good then that is good exposure. If yo worry about crazy fans then you shouldn't be doing online porn commissions in the first place.
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>>2988463
Nice try, son, but you're not getting that debaucherous drawing.
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>>2988456
>>2988463
Here's a prelude to the lewd stuff.
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>>2988390
If what this person claims is true, you are better off giving a full refund and wiping your hands clean of this. You were offering an adult product and you did not do your due diligence to assure the buyer is an adult. Should this mother decide to do so, she can get you into legal hot water for trafficking obscene content, for which the legal bar is lower for minors, if you've already sent any work in progress.

You worked for only two days on this. Skip a video game purchase and live and learn.
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>>2988661
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>>2988390
Finish and deliver, keeping the money, but send a note advising her to "give it to him when he's ready to accept the burden of saving the world".
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>>2988444
>motherXson
this is gold, please keep us updated on her response
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>>2988390
Without a contract in place, you will be sued for the full amount if you refuse to refund the money - and she can report you to the card processing companies, and you can be dumped from their system, for fraudulent practices.

The kid broke the law. It sucks, but you have no legal right to any of the money.

Grow up, refund her, and move on. Or, get sued - and she WILL win. Guarantee it. Your choice.
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>>2988411
That's not how the law works.

I love you kids who think you know things.

This is CC fraud. The OP has no legal right to the funds, regardless of how much work he did, as he went into a contract with a minor, who can't form legal contracts, and used a stolen credit card.

The mother can sue the OP, and she WILL win, or she can simply do a charge back on the card. If the OP is using PayPal or any of the online payment systems, they will now owe Paypal that amount, and they also sue, and win all the time for cases like this. The OP will also be thrown out of PayPal for abuse of the system. PayPal loves to ban people.

OP has no legal right to the funds, he received stolen funds. If the kid has stolen the money and given it to the OP in person, the cops would retrieve the cash from OP. Same thing.

Y'all are going to cause bigger problems for OP with your lame ass 'advice" and opinions, than if he just gives the $50 or whatever back. Sucks if he already spent the money, but that's what you get when you take commissions anonymously online.
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>>2988429
>>If he's in a different state, small claims court is basically impossible.
Laughably untrue.
>Paypal will not give her money back
Demonstrably untrue
>Her credit card company will not issue a stop payment on her behalf
Hilariously untrue

It's easy to talk tough, when you have no skin in the game. Legally, OP has no right to a penny of that money.
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>>2988661
Oh, god, you suck, too.

This while thread is a waste of time. I hope the mom sues your lame ass, and you have to show your assriffic art in court.
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>>2988786
>>2988784
>>2988778
seems like OP has to give it back

but make sure to send her the motherxson incest drawings too just to fuck with her
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>>2988784
>buys a product with a credit card.
>claims it wasn't her doing and that she let a minor abuse her card.
>Her excuse for not wanting to pay for a service that is legit is that she herself messed up.
>Faggot anon on /ic/ thinks the mother can demand a refund.
>Faggot anon thinks the mother even got the basis for a case.

You are a dumbass, anon.
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>>2988444
Issue her refund along with a message requesting a donation due to the fact that her son's misuse of her credit card resulted in wasted working hours on your part that could have been spent providing a living for your through other customers.

If she's a decent person, maybe she'll give you something for your trouble as you are both victims.

If she's a bitch about it, finish the comic and release it for free, send her a copy, and explain why her son wanted the comic because fuck her and her son.
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>>2988789
>hurr durr i'm retarded
That was obviously a jab at OP and his situation and not OP himself.
>>
If OP refunds her for work that is already done then he is a tool. Plain and simple.

And knowing the USA the punishments for parents committing child neglect are pretty though so any anon here who thinks the mother have a good case don't know what they are talking about. On top of that OP have not done anything wrong and broken neither the agreement nor any laws. Even bringing up lawsuits is hilarious. It gives me the impression that anons here are the types of dumbasses who think threatening with lawsuits every time something doesn't go their way actually works like in the movies.
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>>2988814
The mother isn't going to be charged with child neglect, you fucking spastic.
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>>2988825
You spergstick, if she claims that she let her kid browse adult sites and buy stuff with her credit card as a defense in court then she sure as fuck will be. A judge can't let that pass when it's on record.
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>>2988814
>punishments for parents committing child neglect are pretty though
>casey anthony
not even taking sides but lolfam
>>
>day of court
>crazy lady has dragged OP to court like some anons think she will
>"he should had known that my legally registered credit card was being used by somebody else"
>"no your honor, I have not reported it stolen. It was being used by my minor son to purchase custom porn products."
>"no sir, I do not feel this is my responsibility. I want a full refund for a service already provided."
>"Yes your honor, I think I have proven to be a responsible adult who is not wasting the court's time".

You guys are funny. Mostly the idiot who thinks she can drag anybody to court over this.
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>>2988661
This isn't me you fuckheads. I settled the issue with the Mother and i'm giving her the 50% refund.
Then i'm going to block the email.
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>>2988444
saved
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>>2988920
This
"My kid used my card" is not an excuse. The parent is responsible. If this was brought to court the mother would be laughed out of the room just as you have described.
OP was being generous giving back 50%.
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>>2988784
wouldnt a lawsuit cost like a 100 times more than the comission?
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>>2989016
I don't know about the USA but in most of the civilized world a lawsuit needs to be approved first so you can't just abuse the system to harass people and wast officials time. I doubt this would ever make it past that. It would give a judge a good laugh though.
>>
All you guys talking about lawsuits are missing the bigger picture. OP conducted business with a minor that involved pornographic material. This is potentially a criminal matter, a federal one if this was done across state lines.

Stop the stupidity, return the money, and cease all contact with this person.
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>>2989217
Considering he didn't know they were a minor when the deal was made OP would only get in trouble if he actually held up his end of the bargain.
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>>2989217
How if the minor pretended to be an adult and used his parents credit card? It's not like it was face to face and the parent is responsible for the actions of a child as long as they are the guardian.

You are the one being stupid here if you want to open up for that any claim that "oh I didn't make the deal with you, my kid did illegally" can become an auto refund strategy.
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>>2989235
>>2989236

It doesn't matter that he didn't know. The problem isn't the credit card transaction, but his email correspondence with a minor.

If you conduct adult oriented business, it's your responsibility to know. Once minors are involved, the combination of pissing off the wrong people and an overzealous prosecutor will land you in a world of hurt.

http://cbldf.org/about-us/case-files/cbldf-case-files/gordon-lee/

Refund the money in full, and cease all further correspondence.
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>>2989252
This case doesn't apply since the minor had received a magazine containing the questionable content whereas here they got nothing. So again OP would only get in trouble if they gave the kid the comic.
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>>2989252
You can't even compare a guy who distributed free comics by hand and gave an adult version to a minor with this.

However OP should make sure that any further contact is with the mother and make sure he saves the communication. She's the one in trouble here, not him.
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>>2989252
always thought this is stupid. like hot water for fucking a minor with a fake ID. how the fuck are they to know? it should fall on the kid
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>>2989256
Which is why I asked earlier if OP had sent any work in progress.

Even then, the email text itself may count as solicitation for an adult transaction with a minor, which is still illegal. The bottom line is that this mother has a lot of options, OP has none.
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>>2988390
Op I agree with
>>2988417
If you fuck around, she may press charges on distributing pornography to a minor and perhaps grooming a 15 year old boy...you filthy faggot.
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>>2989263
It's already illegal for the kid to be using anther's credit card against their will and banks don't give credit cards to minors. In the case of identity theft and stolen cards it falls to the owner to report the card stolen so that gives a hint of where the mother stands.
>>
>>2989016
Small claims court generally costs about $100 for filing fees.
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>>2989267
The mother has nothing to worry about. She exercised her responsibilities by finding the card and putting a stop to things. Punishment of the minor is limited because he is a minor. Now weigh the potential consequences he may face, against what the OP would face if the mother passed everything along to a friendly prosecutor who wants to make a name for himself.

Slap on the wrist, versus federal charges.

Not going to bother giving legal advice to OP anymore. Just ask yourself if you are willing to gamble your freedom at most, the cancellation of your paypal at least, for some trivial commission.
>>
This is a funky case where you probably will end up refunding the whole thing just because the funds were stolen. You already sent the partial refund e-mail, so see if that's fine with the mom (maybe she's understanding!) first. Otherwise, give the full refund if that doesn't work out and maybe add in some shit like you're going to pass her name and her son's name around the art community as do not work with clients because of this ordeal.
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>>2989276
I don't get what it is you think OP have done that can result in any charges? The moment he became aware of the situation he has stopped the deal and offered a refund for the hours not yet put into the job. It's like you have absolutely no sense of what it means to run a business.

Are you suggesting she will lie about the event of things? He got documentation of everything. The real world doesn't work like the sensationalist news feed stories. You don't bend over like a twig as soon as some hot empty air blows at you and expect to be able to survive. Grow some fucking balls.

>B-But my hypothesis of child molestation charges.

ffs. If I could bitch slap you through the internet I would.
>>
maybe the mom won't take it that far
wait to see what she says
>>
>>2989289
>I don't get what it is you think OP have done that can result in any charges?
OP conducted a sale to a minor for adult content. Even though the sale has been nullified, the transaction did occur. This is a problem. If he keeps even a portion of that money, that is a problem.

>It's like you have absolutely no sense of what it means to run a business.
I was a publisher, retired, and adult comics and manga was a part of my business.

>Are you suggesting she will lie about the event of things?
No. I'm suggesting that if she is not satisfied and is a vindictive person, there are many legal avenues she can take which are not civil, but criminal. A lot of you guys have been talking about small claims court and such, but that's civil. OP potentially has criminal liabilities here, which I and other posters have outlined, and it is in his own best interests to resolve this cleanly.

>Grow some fucking balls.
By all means, do that for yourself. Doesn't change the fact this is a risk, and the problem here is that many people do not seem to understand enough of the potential consequences involved to make an informed gamble.
>>
>>2989303
If you want to press charges like that then it's the first thing you do. You don't ask for a refund first as that shows your priorities.

Have you considered that it is OP who have the option to press charges against her? She's the one responsible for keeping an eye on the kid both in a physical and legal sense.

I really don't see the risk you are talking about here. It's like as soon as someone mentions child molestation or rape some people panic and cover in fear.
>>
>>2989311
>You don't ask for a refund first as that shows your priorities.
Her priorities don't really matter in a criminal offense.

>option to press charges against her?
He can't "press charges" against her or even the kid. Hypothetically, he can sue them to recover lost wages, which I assume is under the $100 range. At which point, they'll ask him to reproduce the work he has done to court as evidence. That should be fun.

>someone mentions child molestation or rape
No one mentioned those things. Solicitation of obscene material across state lines is a thing. Because the other party is a minor, the bar for obscenity is lowered significantly. Once it goes there, this comes into play:

https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity

Note that mere intent is enough to get one into trouble.

We can all wonder at what each party has said or done, and the likelihood of any of the above scenario happening. It's admittedly very small. But if everything OP said is true, then there is real potential criminal liability here that significantly outweigh the civil considerations.
>>
>>2988924
at least post a page come on.
>>
>>2989339
>He can't "press charges" against her

Of course he could if there was any basis for that he was lead to do a criminal offense. If he can't press charges then it's because your claim that she got any basis for a case is bullshit.

Stop pretending you are a lawyer just because you know how to use google.
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>>2988414
>because paypal doesn't accept adult commissions
Source?
>>
>>2988661
>doki doki
www
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>>2989267
>banks don't give credit cards to minors
I was 16 when I got my online credit card which i still use up to this day, and some of my friends which did the same with me were younger with one year than me
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>>2988784
>contract with a minor, who can't form legal contracts
So a minor can't buy a stereo system for instance? Could it be that you are a bullshitter?
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>>2989408
I don't know the specifics for credit cards in the USA but I do know that the legal age of consent varies from between 16 and 18 depending on state.

Blue is 16
>>
>>2988924
oh you did? mind telling us how that went down for closures sake?
>>
>>2989382
>She told me she was 18, your honor. She induced me to commit a crime by lying about her age!

So how many of your clients are in jail right now, big shot internet lawyer.
>>
>>2989425
idiot. Are you really trying to compare OP's situation with a rape case? I'm done wasting time on your bullshit.
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>>2989440
Aww, don't go. Please tell us more about how getting a kid community service for credit card fraud is worth going to federal prison for obscenity. I quite enjoy your idiocy.
>>
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>>2988444
nice 3s
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>>2989415
I am from romania, europe, actually

and like I said from of my friends were 15

all that bank require from you to make an online credit card at them (back then at least) was an identity card. And in romania, I don't know about how is in america, we make when we turn 14

https://en.wikipedia.org/wiki/Romanian_identity_card
>>
>>2989449
Anon. The post you reply to haven't said anything about that. I think you are shitposting badly or mentally ill.

>>2989467
Well different laws in different countries. Your personal anecdote can't really be used in this case. Some places you aren't allowed to drink before you are 21 but can vote at 18 for example.

>>2988390
Just do whatever you feel best about. There are some really stupid or malicious people in here who try to make you think you can face all kinds of charges for conducting a legal business transaction with a person who managed to fake his identity with a stolen credit card, which you probably should take with a good laugh (I did) and a grain of salt. But if they managed to scare you then all I will do is to remind you that you are asking for advice on 4chan.
>>
>>2989938
>The post you reply to haven't said anything about that.

Maybe you need to gain some logic and inference skills. He claimed that the OP can "press charges" against the son. For what? Inducing him into an illegal transaction in which he was going to sell artwork to him that would be obscene by a minor's standards? The law is clear on this. The onus is on the adult here to make sure he's not doing business with a minor.

You people are fucking retarded.
>>
>>2990233
Anon. You got shit for brains. He/she claimed OP could press charges against the mother IF there were any truth to that what had happened was illegal.

The one retarded here is you.
>>
>>2990238

The same thing fucking applies. He can only sue her in *civil court* for actual damages, and even that is a stretch. She didn't make him not perform his due diligence. That's his own responsibility.

He himself would face federal criminal charges, with federal criminal penalties. Do you not see the difference? Can you not weigh the relative severity of these things in your tiny, underage brain? Do you not understand the difference between having your wages garnished, and going to buttfuck prison?

Stop giving bad advice. The only reason I'm wasting my time replying to idiots like you is because a lot of people on this board seem to want to be in this kind business. That's perfectly fine, but you need to understand the responsibility to verify buyers is on your end.
>>
>>2990238
The advice I will give is for you to stop spewing bullshit and making up bullshit. I think that's a pretty good advice.
>>
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>>2988390
kek, so basically OP got scammed and lost 50% of the money because he fell for a classic fraud.
>>
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>>2988444
>motherXson incest comic

best post ive seen in a while bless you OP
>>
>>2989397
It's just a common misconception. Paypal doesn't care. Every fucking porn site allows you to pay with paypal. You can buy sex toys on amazon with paypal.

That post-fap regret chargeback for no reason is what they care about and it will always be the buyers fault.
>>
Refund her, you can't sell porn to people under 18.
>>
>>2990381
He's selling it to her, dimwit. It's her who paid for it.
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