Disparaging eBay comment sparks lawsuit
By Steve Green
Thu, Jun 25, 2009 (2:01 a.m.)
Be careful about comments you post on eBay, or you may end up in court.
That was illustrated Wednesday when Nikki Foote of Henderson was sued over comments she allegedly posted charging that the Gucci handbag she purchased for $495 was a fake.
The seller, Ruhanieh Badi’i’ of Austin, Texas, insists the bag is authentic and says the comments have hurt the eBay trading business that is the plaintiff’s livelihood.
Badi’i’ says eBay buyer “nikki809” — identified in the suit as Foote — was asked to remove the comment.
But nikki809 has declined to do so, Badi’i’ says. The suit says eBay was asked to take it down but refused and told Badi’i’ to get a court order.
Foote could not be located for comment and also could not be contacted through the eBay account that Badi’i’ says is assigned to her.
At issue is a brown, extra large tote bag-purse. In photos on eBay, the Gucci brand is shown on the handbag.
Attached to the lawsuit are e-mails between nikki809 and Badi’i’. In one, nikki809 said she took the bag to a Gucci store and was told by personnel there that it was not authentic. Badi’i’ challenged what nikki809 was told at the Gucci store.
The lawsuit, filed in Clark County District Court, says Badi’i’ told nikki809 she could return the bag, but nikki809 has not done so.
The June 10 comment was still posted on the eBay Web site on Wednesday.
“I was sent a fake ‘Gucci’ bag, and when I told the seller she got very rude!” the comment says.
The reply from Badi’i’, “bizdango,” says: “100 percent authentic. She had paperwork, (I) offered to send receipt or return, she kept bag.”
The reply from nikki809: “I kept the bag and gave it to my 12-year-old niece, because I felt sorry for her (the seller)!”
The post has hurt Badi’i’s business, the lawsuit says.
The eBay Web site shows that in the past 12 months, Badi’i’ has received 400 positive feedback notes and just one negative one — apparently the one from nikki809.
“In the eBay community, reputation is essential,” the lawsuit says.
The suit seeks damages of $1,000 per day from the date of nikki809’s post until the time the sales volume and selling prices for Badi’i’ return to pre-June 10 levels, along with general damages of $50,000 and an order from the court that the comment about the bag be removed.
posted on June 25, 2009 12:17:10 PM new
Now who would give a 12 year old a $495 bag - fake or not??
I hope the seller wins, but I feel he should sue ebay as well.
posted on June 25, 2009 12:23:04 PM new
Interesting lawsuit. There most likely will be a settlement, which would involve, removal of negative feedback, and the plaintiff's costs.
posted on June 25, 2009 03:15:00 PM new
More interesting will be if eBay intervenes to keep this out of the courts. The buyer probably kept the bag because either ebay or PayPal told her to destroy it. This could be a good time for a challenge to the their policy.
On the other hand, the buyer has admitted that the bag was not destroyed so if this gets in front of a judge, the buyer could find herself with a theft charge as well.
posted on June 25, 2009 05:47:16 PM new
I can think of a couple of lawsuits I would like to start against Ebay!!
How about taking you money and not delivering services promised?? If you pay money for a store or an auction, the items should appear in a Search, I don't care how many other items there are. Why list an item if no one is going to see it?? If the item is not going to appear in the search, Ebay should tell you before they accept your listing and your money.
How about this stupid raising and lowering of your item appearances based on your *s.I think there is something litigious about that. We all pay the same listing fees, so all items should be treated the same and not be based on some capricious rating by buyers.
[ edited by merrie on Jun 25, 2009 05:48 PM ]
posted on June 26, 2009 04:14:19 PM new
Good point,Merrie,we all pay the same price so how can Ebay raise or lower our item visibility?
May be Ebay should award points to good sellers and they can use the points to raise their product visibility or redeem for cash.
My gripe is why does Ebay ask us if we want to donate a %tage of our sales proceeds to some charities I have never heard of ?
It is an eyesore on the item listing page?
*
Economic Reform act of Chairman Obama of the socialist States of America :
10 ounces of meat per month,half a yard of cotton per year per adult.
Hellilujah!
posted on June 26, 2009 04:47:53 PM new
hwahwa, yes, this raising and lowering of visibility is bull.We pay the same, we should be treated the same. And they way they go about determining this is so capricious!
