Complaint VIP Arbitration Program
In re:
De Wayne Zinkin,
Complainant,
v.
Anonymous,
Author.
Consumer complaints No.: 726879
Arbitrator decision
Bruce Meyerson,
Arbitrator
Complainant, De Wayne Zinkin, has challenged the truthfulness of certain statements (each, a Statement) posted by Author Anonymous on the complaint website at usacomplaints.com on May 7, as complaint No. 726879 (the Report). Both the Complainant and the Author have agreed to submit the dispute to the complaint VIP Arbitration.
In addition to challenging the statements made by the Author, the Complainant is also challenging the status or role of the Author. Based upon the nature of the Statements set forth in the Report, the Complainant is unable to identify the Author.
Each Statement challenged by the Complainant has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author has not provided a response to the Complaint.
I have been asked to decide whether the preponderance of the evidence submitted establishes that each Statement is true or that it is false. If the statement identified by the Complainant is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.
Each challenged Statement submitted by the Author is set forth below together with my comments and ruling:
1. Statement: Fraud, rip off, Sub Buster, doesnt Pay!!! SCREWS CONTRACTORS.
Discussion: The Complainant has submitted a Declaration denying the Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so.
Ruling: I find this Statement false.
2. Statement: dewayne zinkin wll not pay you... Do not work for him or his company... He is lower than whale sh*t!!!
Discussion: The Complainant has submitted a Declaration denying the factual portion of this Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so. Portions of this Statement constitute the opinion of the Author which cannot be determined to be true or false.
Ruling: I find Statement that De Wayne Zinkin will not pay you is false.
3. Statement: he is a fraud and has made his libing (sic) off the bavk (sic) of contractors... Run run run he will screw you bad!!!
Discussion: The Complainant has submitted a Declaration denying this Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so.
Ruling: I find this Statement false.
DATED this % day of October.
Bruce E. Meyerson, Arbitrator
... Do not work for him or his company...
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