[ Apparently, he sets up new web businesses with his free time when he gets a break from robbing unsuspecting homebrewers. Buyer beware, spread the word
I'll be the first to tell you that you are entitled to express negative sentiments about a company or person and that “truth” is an absolute defense against charges of libel or slander so is “duty to inform.”
So the statement: “He took my money and never shipped me my product.” can be a truthful accusation. It can also be construed as a duty to inform your peer group.
Expressions such as: thief, rob, pedophile, murderer, etc all speak to a criminal event. When you use language that speaks to criminal conduct you run the risk of being accused of some species of defamation. Yah it’ll cost the other guy maybe $10 to $50 thousand dollars to sue you and he will have to come to your home state to do it. But still~~~~~~~
Odds are super high that he won't have the jurisdictional requirement of amount in controversy, to get into federal.
The single best advice one can give people when transacting with online retailers with whom they don't have a prior relationship is to only use AMEX. If you don't have an AMEX card, get one. AMEX will protect you.
AMEX will reach out and take your money back from a retailer and all you need to do is call the 800 number on the back of your card. That one call initiates a "dispute." They take your money back, credit your account, and give the retailer a chance to respond.
If you don't use a consumer proactive card like AMEX ( & they are the only one I know) you are stuck with the courts.
At law, if you want to sue, you have to travel to the state where the online retailer is domiciled in order to sue. This is simply because unless they have an office in your state or some physical presence they won't have met the jurisdictional requirements for the long arm statutes to reach out and bring them to your state courts.
In reality you can initiate a law suit in your own state and chances are good that the retailer won't show up to defend. If they do show up, it’ll be what is called a “special appearance” and it’ll be just to contest the jurisdiction and you will lose. But if they don’t show up and you get a default judgment, then you still have to domesticate the matter in the retailer's home state to collect. If you do try to domesticate and collect, he will bring the matter before his state court and have the judgment quashed for lack of jurisdiction. But if your state has such a provision (and many do) you can docket your small claims judgment in your state’s superior court where it'll show up every time your bad retailer seeks any credit. He won’t be eligible for SBA loans, grants, school loans, personal loans, car loans, or credit cards. The annoyance factor will force him to pay your money back and get you to record the judgment as “satisfied.”
If you choose the litigation route, in your complaint, name the business and also owner in his personal capacity. Put it in the title caption and include a paragraph in the complain about why he is personally liable and accuse him in a titled paragraph of Fraud in the Inception alleging that he never intended to send you your purchase. Then demand trebles.
The reason to name the owner in his personal capacity is fundamental to your effort.
If you just name the business, he can close up shop and open another. If your judgment is as to him also, he can never escape it.
It's so much easier to use AMEX.
One phone call and they are your big dog.
