ComplaintsforDOTmed.com, Inc.

• Initial Complaint

  08/13/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  The business is an online marketplace for medical devices and it allows people to make posts and it seems a competitor to me has created a post making false claims about me and my business. I have contacted them via email a number of times requesting they remove the comment as it is libel and they have ignored my messages.

  Business response

  08/13/2024

  *********************** is correct that DOTmed is a medical equipment marketplace where online sellers sell equipment to healthcare providers and other medical professionals. All equipment on DOTmed.com is owned by the posters.

  In order to create a secure environment where both buyers and sellers are protected, DOTmed has developed an Honest & Dishonest Dealers forum, where people can discuss transactions and share their experiences. This is no different than online ratings at **** or Amazon, but allows more open debate. Our community consists of nearly every professional in the field and they have a good feeling for the market and the companies that participate. Just like on our marketplace, these ratings and comments don't come from DOTmed, but from industry peers and each comment is owned by the person who posted it.

  *********************** was banned from using DOTmed in 2021 when he charged back legitimate fees for advertising that he used. Since then he has tried in various ways to register new accounts under a variety of names and emails.

  That said, everyone can challenge a rating or forum post on DOTmed, and DOTmed will take steps to assure the legitimacy of the posting by requesting documentation from the participants. We have told *********************** that he can do so and sent him instructions on how that can be accomplished, but for whatever reason he's unwilling to go through that process. I will point out that the disputed post says that *********************** used his credit card and charged back a payment for equipment that he received.

  We take the integrity of the DOTmed forums and ratings very seriously. If there is a legitimate problem we will make sure to get to the bottom of it. In our 25 years in business we have seen many transactions but we are comfortable that this forum post was not made by a competitor of ******************** trying to besmirch his good name. We are familiar with both *********************** and the owner of the forum post and are sure that there is nothing of the sort going on.

  Again, we welcome *********************** to participate in our dispute procedure, which is free and open to everyone - even if they've been banned from using our site because of their reputation.

  Thank you very much.
  

  Customer response

  08/13/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  I am writing to formally address and refute the allegations made against me by DOTmed, as described in the communication regarding my purported actions on their platform. I categorically deny the claims that I was involved in any of the activities mentioned, including the chargeback of legitimate fees for advertising or attempts to register new accounts under various names and emails.
  
  The assertions made by DOTmed are entirely inaccurate and represent a clear case of misidentification. I have never engaged in the activities described in DOTmeds statement. The claim that I was banned from DOTmed in 2021 and subsequently attempted to register new accounts is not only false but also damaging to my professional reputation. I demand that DOTmed provide specific and verifiable evidence that ties me personally to the alleged actions.
  
  I categorically deny having authorized the use of my name or credit card for any transactions on DOTmed that resulted in a chargeback. If DOTmed believes that my credit card was used in connection with these transactions.
  
  It is important to highlight that DOTmeds own Terms of Service disallow defamatory content, including accusations of illegal activities. Specifically, the Terms of Service prohibit users from posting any content that is defamatory, abusive, or otherwise violates the rights of others. The forum post in question, which accuses me of committing fraud and other illegal acts, directly violates these terms.
  

  The statements made by DOTmed or allowed to be published on their platform constitute per se defamation. Under the law, defamatory statements that accuse someone of committing a crime are considered so inherently harmful that damages are presumed. In this case, the false accusation that I committed fraud by charging back a payment for equipment that I supposedly received is a clear instance of per se defamation. DOTmed, by failing to remove or correct this false and defamatory content, could be held liable for the damages caused to my reputation.

  By allowing such a post to remain on their platform, DOTmed is not only facilitating the spread of defamatory content but is also failing to enforce their own rules. This is a serious oversight that has resulted in harm to my reputation, and it raises questions about the integrity and responsibility of DOTmed as a platform provider.
  
  DOTmed has suggested that I participate in their dispute process to challenge the rating or forum post in question. However, I have serious concerns about the fairness and impartiality of this process. Given the flawed nature of DOTmeds initial investigation and the lack of concrete evidence linking me to the alleged actions, I have little confidence that the dispute process would be conducted in a manner that is fair and unbiased. I believe that this suggestion is inflammatory and not in good faith for a business seeking a fair resolution.
  
  Moreover, DOTmed has already demonstrated a bias against me by making baseless claims and refusing to consider the possibility of misidentification. This undermines my trust in their ability to fairly assess the legitimacy of the forum post. If DOTmed is truly committed to resolving this issue, I propose that they agree to an independent review of the case, overseen by a neutral third party.
  
  The false and defamatory statements made by DOTmed have caused significant harm to my reputation. As such, I am considering all legal avenues available to me to correct the record and hold DOTmed accountable for their actions. Should DOTmed continue to make these false claims or refuse to remove the defamatory content from their site, I reserve the right to pursue legal action, including but not limited to a defamation claim.
  
  In light of the seriousness of these allegations, I request that DOTmed immediately cease making false statements about me and take down any defamatory content from their platform. If DOTmed fails to comply with this request, I will have no choice but to seek legal recourse to protect my rights and reputation.

  Business response

  08/15/2024

  Once again we dispute the very idea that *********************** is our client and there is nothing to indicate that there is any trouble with a refund or delivery of purchased services. *********************** is not currently a user of ********************** and there is no payment in dispute here.

  What is in dispute is DOTmed's right to publish forum messages, written not by DOTmed but by a third party, that involve fraud and theft. We stand firmly behind our right to do so. In fact we believe we have an obligation to do so as the leading online marketplace for new and used medical equipment. Bad actors in the industry, and we are not inferring that *********************** is one, cause harm to everyone who buys and sells medical equipment. The DOTmed forums are the best way to mediate these disputes and cast light on people who would do others harm.

  We take our responsibility very seriously, and over our 25 years in business have developed safeguards to assure that both DOTmed and our users are protected from fraud and superfluous legal threats. To that end we have a robust review system to assure the unbiased publication of the facts in cases like this.

  We have reviewed the details of *************************** transaction, including the email correspondence between him and the seller in question. We have verified that *********************** did, in fact, pay and then dispute the charges referenced. We have reviewed the police report filed by the seller in this case, which agree with the allegations in the forum post. While it's impossible to know for sure every detail, we're confident that the buyer and seller in this forum post did participate in a transaction and there was a disputed payment. The seller claims to have received a return that included none of the equipment from the original shipment, only discarded electronics, and was comfortable enough of the facts to file a police report. Those are the details as we know them, however the forum post is not of our doing.

  Once again, we invite *********************** to communicate directly with the seller in this transaction, who claims to have lost nearly $7,000 through fraud. The seller has made the allegations and DOTmed is a publisher that runs an online medical equipment marketplace.
  

   

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