Rallying Vendors Affected by Digital River Payment Issues for a Class Action Lawsuit

[PSP]

Unfortunately, we've been affected by this as well and lost all revenue for 10 weeks (July and August). In September, we switched to Fastspring.
I believe it's not possible to pursue a collective lawsuit, as this is a B2B relationship, not B2C.

Antoni
www.PSPaudioware.com

[PSP]

Repost by mistake

[sft234]

We'll wait until November 5th - if no payment arrives until then one can be sure DR is done since even the newest contract would be broken then (60 days after statement)

[David2024]

We'll wait until November 5th - if no payment arrives until then one can be sure DR is done since even the newest contract would be broken then (60 days after statement)

There will be no any payments.

[Hanz Meyzer]

Guys, I feel so sorry for you. It's insane what's happening here. So many good developers here seem to be affected.

I think from a German law perspective, you should mail Digital River, claim your exact amount of money, and also place a deadline for that. And also state that you did not agree to any recent contract changes. Ok, this is just normal citizen knowledge and I am neither a lawyer, but the part with the deadline seems to be important at least... Of course send any email with cc to your witnesses. Meh, I am sorry.

Do you think it would be not possible to build an open source payment system instead, which calculates tax rates and also includes a CRM? What's the benefit of these providers. I guess that they do all the business in their name for you?

[sft234]

We'll wait until November 5th - if no payment arrives until then one can be sure DR is done since even the newest contract would be broken then (60 days after statement)

There will be no any payments.

Could be - but then then we know for sure. In the last statement of August 31 (already running in the new 60-days system) they wrote that the total balance of the statement will be paid "within the conditions of the contract" - the new contract says 60 days after the statement if the satement wasn't disputed within 30 days of launch - so if they don't pay until October 31 (or a few days later) they broke themselves the new contract

[sft234]

you should mail Digital River

Yeah, joke - no email is answered, no possibility to call a merchant support. If you write to the official support email address this creates a ticket in the new solution center and you then pay $185 per hour for a KI-generated answer that says nothing and solves nothing

[hugoderwolf]

Yeah, joke - no email is answered, no possibility to call a merchant support. If you write to the official support email address this creates a ticket in the new solution center and you then pay $185 per hour for a KI-generated answer that says nothing and solves nothing

What he means is write an actual letter on paper, sent to them by mail with a receipt. It's not in hopes they will answer, but to officially establish the demands and deadline so you can take further legal action after the deadline has passed.

[Astronomous]

We'll wait until November 5th - if no payment arrives until then one can be sure DR is done since even the newest contract would be broken then (60 days after statement)

There will be no any payments.

Could be - but then then we know for sure. In the last statement of August 31 (already running in the new 60-days system) they wrote that the total balance of the statement will be paid "within the conditions of the contract" - the new contract says 60 days after the statement if the satement wasn't disputed within 30 days of launch - so if they don't pay until October 31 (or a few days later) they broke themselves the new contract

They already broke their own new 60 days contract as no payout in september/october for July sales.

[bameg]

Damage: >350,000 €

We have filed a "Mahnantrag" (formal reminder request) for July payment to the Geman DR Cologne branch.

Count us in if we can join a US class action suite as a German company.

[grujicd]

How do you fill "Mahnantrag"? Is there some resource you can point us to? Can that be done electronically? Or should we send some paper documentation?

Any help is appreciated, especially by us outside of Germany.

[barteko]

I wrote twice to the public prosecutor in Cologne... no answer at all, just an automated delivery confirmation. Maybe I should do it formally via the authorized messaging systems. I do not know whether I am able at all, if I am not a German citizen though. I even asked if the form is right, so they could basically respond sth. like - we cannot legally accept this message from you, or whatever.

The prosecutor should be interested in a possible big fraud taking place, affecting EU and German citizens. It's not an iPhone stolen from MediaMarkt. Shame on German authorities - nice advertisement for companies to do business there btw.

[sft234]

What I don't get: why can't they pay us the money (after taking their percentage) WE make flow to them through OUR customers? The money is flowing in through OUR sales (so the money is there, it's not missing) and they keep it for themselves? That's a criminal act. Why aren't authorities acting to stop these criminals?

[sft234]

I suggested in the other thread to report Digital River to our tax authorities, since stolen income also is stolen taxes for them. Maybe they can do more than we can do.

[David2024]

We'll wait until November 5th - if no payment arrives until then one can be sure DR is done since even the newest contract would be broken then (60 days after statement)

There will be no any payments.

Could be - but then then we know for sure. In the last statement of August 31 (already running in the new 60-days system) they wrote that the total balance of the statement will be paid "within the conditions of the contract" - the new contract says 60 days after the statement if the satement wasn't disputed within 30 days of launch - so if they don't pay until October 31 (or a few days later) they broke themselves the new contract

They already broke their own new 60 days contract as no payout in september/october for July sales.

Yes, they have already violated their own new 60-day contract by not providing payouts in September or October for July sales. Therefore, I believe there will be no payments in the future.