chessguy
|
posted on February 4, 2004 07:47:59 AM new
Has anyone experienced this? I am being sued by some guy for leaving him a neg. feedback. The feedback simply says "Bad experience buyer diffult to deal with" . And since this was his first neg he is suing me for under the defamation law.
Can you belive this? Anybody experieced this before? Any coments or suggestions.
|
stopwhining
|
posted on February 4, 2004 08:01:53 AM new
is he a lawyer??
there are ebay bidders who are lawyer looking to make a fast buck or just want to throw their weight around??
-sig file -------the lobster in the boiling pot of water who tries to prevent the others from climbing out.
|
ltray
|
posted on February 4, 2004 08:03:42 AM new
Never had the experience, but I can't imagine his threat could really go very far.
Your comment was hardly damaging.
I wonder if he is a lawyer. This could be good advertising for him if he can get it into the papers. EBAY BUYER SUES SELLER FOR TELLING THE TRUTH!
|
chessguy
|
posted on February 4, 2004 08:03:51 AM new
No, but he knows the law pretty good he resided the conditions under the suit in 7 steps and he claims he has written 4 books in what I do not know.
|
chessguy
|
posted on February 4, 2004 08:07:09 AM new
Itray, I thougth the same thing that it would not go very far but according to him I am being served with lawyer papaers on Monday, if I do not remove the neg feedback.
|
tomwiii
|
posted on February 4, 2004 08:09:51 AM new
Methinks he be Ralphie's lawyer ...
Ralphie loves Mr Blonde:
"Are you gonna bark all day little doggie, or are you gonna bite?"
http://members.ebay.com/aboutme/vidrat/
|
trai
|
posted on February 4, 2004 08:11:18 AM new
There is no way that this fool will ever win. As feedback is within ebays "rules" you have done nothing wrong.
If it comes down to it see how much you can claim to recover any costs. [counter sue]
Small claims court should be able to handle this matter. [Ignore this person unless you are served papers]
If I recall, there was another case where some idiot tried this same tactic and did lose.
|
chessguy
|
posted on February 4, 2004 08:12:06 AM new
Yeah can kinda looks like that, he has a webpage and has pictures of himself and he looks similar to that, but really I am freaking out over this. Anybody have any suggestions on what to do?
|
neroter12
|
posted on February 4, 2004 08:15:49 AM new
Chessguy, in order to have defamation, wouldnt one have to publicly know the victims name and that directly affect their life? Who did you defame, [email protected]? hahha
Sounds mighty hokie to me!
|
tfs13
|
posted on February 4, 2004 08:16:28 AM new
That's great... another way the customer can threaten a seller.
IMO, though I am not a lawyer, cannot imagine that he has a case. Since you didn't use his name in the feedback and I am assuming his username is not his real name, I don't see where his case has merit.
AND, I'd like to think this has been thought of by ebay before.
Seth
|
stopwhining
|
posted on February 4, 2004 08:24:33 AM new
why dont you ask ebay what to do??
-sig file -------the lobster in the boiling pot of water who tries to prevent the others from climbing out.
|
myoldtoy
|
posted on February 4, 2004 08:48:41 AM new
chessguy: i think the law in most of the 50 'states' that defamation must = being called a liar, a crook, dishonest, etc...which you certainly didnt do...i would think this "lawyer" would have to prove he has never said that about his peers, or some judge...at any rate, that is my opinion, i guess i am trying to say i hope to hell there is nothing to it...myoldtoy
|
chessguy
|
posted on February 4, 2004 08:53:16 AM new
Thanks guys. I hope to hell he is just threating me and not really going to do it. I really do not want or have the means to go through a law suit over a dumb feedback and a transaction that I lost money on because I gave him his a full refund on it.
|
iareateacher
|
posted on February 4, 2004 09:03:21 AM new
according to him I am being served with lawyer papaers on Monday, if I do not remove the neg feedback
Welcome to eBay. Make yourself at home. Watch where you put your feet; we haven't quite solved the vermin problem yet. You might hear vague mutterings about causing you harm; these are called "threats" and are usually meaningless.
In other words, until you are actually served (and you won't be), you have nothing to worry about.
Actually, I wish someone would sue me over feedback. The resulting publicity would be tremendous...I'd make sure of that. Thirty million eBay users? This is a story they'd all want to read.
|
max40
|
posted on February 4, 2004 09:10:41 AM new
Wouldn't this be considered feedback extortion? I'd contact eBay, safeharbor.
Life is not a dress rehearsal
|
chessguy
|
posted on February 4, 2004 09:14:33 AM new
max40 - I did contact ebay yesterday I am waiting to see what they will do.
He created a webpage with the transaction history and put a link to on the feedack I left him. I contacted ebay about that as well.
We will see if ebay does anything about it.
|
ltray
|
posted on February 4, 2004 09:30:25 AM new
Max, good point. Definetly sounds like extortion.
IF it had been me, I'm just enough of a rebel to HOPE that guy would serve papers.
There would be no fight to it, I'd see him in court and let the judge tell him what an axz he is.
I'll be very suprised if eBay doesn't nip this one in the bud.
|
pandorasbox
|
posted on February 4, 2004 09:37:18 AM new
Chessguy;
This takes the cake!!
Counter-sue in small claims if served. He's challenging the feedback system and eBay's square in the middle.
His www site is true defamation if it gets into any particulars at all.
The law is about context and negative feedback is contextual to eBay..He signed up for eBay, his receiving negative feedback is not per se, any issue at all.
Its all too conjectural for any court to take seriously...How, for instance, can he prove actual damage?
If he's a lawyer, then he's a damn stupid one.
The play would be to sue eBay...
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them."- John Wayne/The Shootist"(from the novel by Glendon Swarthout)
|
myoldtoy
|
posted on February 4, 2004 09:38:14 AM new
hey chessguy, its myoldtoy again...from reading your threads, you strike me as street savy...KEEP IT UP...i saw a pix on one thread alluding to the "lawyer's" identity...so far, you have not in any way said anything negative about your "maybe" accuser...KEEP ON KEEPING IT CLEAN!! i, like all the other threads believe/hope that this is all a fabrication to make you run for safe harbor and retract...but if, and i dont mean to sound like the voice of doom; IF this "lawyer" is for real, the only issue he has is: YOUR ORIGINAL POST... he must prove that HIS name-business-profession has been financially impaired/hurt - AND, some of us might be able to tell you that this email you have received is "step1" i.e., to threaten; which your accuser has done to you...if you use this public forum to the lawyers advantage,, it could just more ammunition for the "lawyer."
|
jackswebb
|
posted on February 4, 2004 09:49:38 AM new
Here Ye, here ye,, I say strike this ALL from the record. The right above me poster MAY have said a wise thing. I dunno. Just a thought.
MY Powersellers logo.
Annnnnnd,,,,,,The beat goes on...yeah the beat goes on,,,,,
|
Reamond
|
posted on February 4, 2004 10:20:25 AM new
There is no way that this fool will ever win. As feedback is within ebays "rules" you have done nothing wrong
eBay's "rules" have nothing to do with it. eBay by virtue of Federal law is not liable in a case like this. In any event, eBay's rules do not allow defamation, slander etc..
Yes you can be sued for what you post in feedback. And you can be successfully sued too.
That is why I never say anything in a negative feedback except " I would not deal with this person again".
The truth is a complete bar for libility sounding in defamation, liable, slander etc..
I never put anything in a negative feedback that could create a possibility for a suit.
By merely stating I wouldn't deal with this person again, I have stated the truth or at most a true opinion. It gets the job done and I don't have to worry about any problems.
|
CBlev65252
|
posted on February 4, 2004 10:25:54 AM new
This seller didn't put anything in his feedback he could be sued for. Geesh, if he did, our courts would be full of more nonsense suits than they are now. He would have to prove that the comment damaged him in such a way that his life will never be the same. He'd also have to prove that he's never been difficult in his life. Sure. We can all prove that. I'd ignore his comments and block his email. I'd also block him from bidding on anymore of my auctions. You were right to contact eBay. This is indeed feedback extortion. He is the one that will have to worry if he's actually pretending to be an attorney. I think with his website, he has done more to defame you than you have done to defame him. Any REAL lawyer worth a pound of salt would know that.
Cheryl
http://tinyurl.com/vm6u
|
auctionACE
|
posted on February 4, 2004 10:28:33 AM new
I agree with StopWhinning. Write to ebay about and include any emails the guy sent. You'd think the last thing that ebay would want to have that stuff in the press. No one leaves feedback as it is and it may scare away potential or existing ebay sellers.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
|
Reamond
|
posted on February 4, 2004 10:35:36 AM new
He would have to prove that the comment damaged him in such a way that his life will never be the same
No he doesn't. Where do you get this stuff ? Showing damage to his business reputation of any amount is enough to bring suit. There is also intentional infliction of emotional distress and a host of other causes of action.
"that his life will never be the same is not a minimum standard for bringing a lawsuit.
He'd also have to prove that he's never been difficult in his life
No he wouldn't. Where do you get this ??? He would only have to prove that the feedback posting was false and that it damaged his reputation in any manner.
This guy won't be the first to sue over eBay feedback.
A short while back another eBay feedback suit was commenced by a lawyer. The seller settled out because he/she couldn't afford the legal costs.
Say only what is necessary and true in feedback. Why take risks you don't have to ?
[ edited by Reamond on Feb 4, 2004 10:37 AM ]
|
Damariscotta
|
posted on February 4, 2004 10:40:45 AM new
I am not a lawyer (nor do I play one on TV), but if in his message to you he "he claims he has written 4 books" I would suspect a blowhard of the "my brother-in-law is a lawyer so don't mess with me school". Don't lose any sleep over this one.
|
Reamond
|
posted on February 4, 2004 10:43:06 AM new
Don't lose any sleep over this one
If you are served, you better pay attention or he can win by default.
|
bigpeepa
|
posted on February 4, 2004 10:45:13 AM new
About being sued for a comment in a feedback, 20 years ago a politician/lawyer guy I knew taught me this about being sued for what you say about someone. He said always start your sentence with words like, "its my opinion", or "perhaps". If you use these words its very hard for someone to sue ya. So I guess you could say in a feedback something like this and be O.K. PERHAPS THIS BUYER IS A LOW DOWN, LOW LIFE CROOK BEWARE. But like a couple people have already said you should contact Ebay's Safe Harbor I am sure this would not be the first time they have dealt with this.
|
CBlev65252
|
posted on February 4, 2004 10:46:07 AM new
Reamond
I get this from my own similar experience. The person suing me was unable to prove that anything I said was a lie. He was also unable to prove permanent damage. I won. He lost. Simple. Granted, my case was a bit different. This person watched my house and stole items from it. I had proof of that, but did not turn him over to the police for fear of retribution. I did, however, let others know what he had done. The "others" being people who wanted him to watch their home. Fortunately, he had a record of theft. I didn't tell a lie about him and his reputation had already been ruined due to prior convictions. He walked out of court with not a penny and a good repremand for wasting the court's time.
Cheryl
http://tinyurl.com/vm6u
|
Reamond
|
posted on February 4, 2004 11:07:55 AM new
Well Cheryl, I don't know what "court" you were in but it couldn't have been in the United States.
He was also unable to prove permanent damage
No one would have to prove damages are "permanent". There is no standard in Torts law that a damage must be "permanent".
It is also not the case that a person that has previously been convicted of theft can be lied about for thefts he/she did not commit. Defamation/slander can indeed be shown if you lied about the theft and previous convictions for theft would not be at issue. All he/she would need to show is that you lied about them and they were damaged.
I doubt you went to court as you say you did, because your account makes no sense, but if your statements about the person were true that is all that is needed to quash the case.
|
Reamond
|
posted on February 4, 2004 11:23:14 AM new
Think of it this way:
Joe Smoe was convicted of theft sometime in his past. His present employer is aware of his past criminal behavior.
Betty Lou lies and says that Joe stole something or another from her last week. In fact Betty Lou tell Joe's boss about it.
Joe loses his job due to the false accusations.
Joe's damages are not permanent, because he can get another job.
Joe has past convictions for theft, yet this lie still damaged him.
So how could it be that damages must be "permanent" and the plaintiff must not have any past behavior that is the same as that which he/she is being defamed.
Past behavior and "permanent" damages have nothing to do with the suit succeeding.
|
