Check This Auction Out! YIKES Any Lawyers here?

Bulldog

HOT CHECK I can't believe this one.

What say yee Members of the BAR?

Bulldog

FatMan

danglen

I hope the seller has no assets I would bet that eBay yanks this one in a hurry, so better check it out while you can.

LucyBop

Yikes!

MacCoin

Sharon E Walker would be a name for you ebay seller to remember

Russ

Bwuahahahahahahahahahahahahaha!!!!!!!!!!!!!!!!! I love it! KUDOS to that seller!!!!!!!!!!!! The deadbeat deserved it!

Russ, NCNE

MrKelso

<< <i>HOT CHECK I can't believe this one.

What say yee Members of the BAR?

Bulldog >>



Quilty in the first degree?

Someone seems to be in trouble here.

Spooly

Bulldog

I wrote the seller just out of having some fun. Here was my "ASK THE SELLER" note:

"Ran across this item and don't know wha to say. I hope that the winning bidder is not the buyers lawyer. This is one of the most classic and public displays of slander that I have witnessed. You might as well have taken out a full page ad in the NY Times

Sometimes we sellers must obey by the rules of Ebay. I think that by sharing all of the buyers personal information in public, you have broken the rules of safe harbor.

Had you witheld shipping the item, till the check cleared, or not taken any personal checks at all, this situation would not be present.

Had you witheld feedback, you would have had some slight recourse.

I have no affiliation with these people at all. I just hope that you would protect yourself, remove the auction, and bite the bullet. I understand your pain, but no sense in enduring any more costs for yourself. You seem to be a good ebayer and just ran acrross some of the vermin that exists on ebay. Protect yourself in the future and take the emotion out of your responses. After all, this is just business.

I wish you the best in the future. Happy Holidays!"


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Question Wrom: IJJPHSCRTNHGSWZIDREXC
Title of item: Sharon King Walker Bounced check
Seller: lamoureux11
Starts: Dec-05-02 08:19:56 PST
Ends: Dec-15-02 08:19:56 PST
Price: Currently $0.07
To view the item, go to: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=1943561097



Visit eBay, The World's Online Marketplace TM at http://www.ebay.com

CLASSICS

he made them look like the idiots they are

Russ

<< <i>This is one of the most classic and public displays of slander that I have witnessed. >>



You need to look up the definition of slander.

Russ, NCNE

TommyB

How can it be slander if it is true? Stores put up copies of bad checks all the time. I think it is great.

1jester

I'm not sure it falls under the "libel" category either. But the seller seems to be "serious", like Leon in The Professional.

RGL

We are dealing here with potential libel (the written word) as opposed to slander (spoken or broadcast words). The truth almost always is a total defense to either. Notice, I said "almost always.'' The truth, when presented maliciously or in an attempt to defame the target, can indeed be libelous or slanderous when presented in a context beyond the typical.

Russ

<< <i>The truth, when presented maliciously or in an attempt to defame the target >>



In this case, the "target" is a criminal. It is fraud to deliberately write a bad check. This seller's action is also not without precedent. See TommyB's comment. Grocery stores have been publicly displaying bad checks for all eternity.

Russ, NCNE

RGL

Russ:

I do not disagree with your point on a grocer or bodaga operator displaying a bad check, that indeed is "typical" and likely would not be construed as a bad-faith act. However, auctioning off a bad check, complete with the dispaly of buyer's personal information, is not typical. The key on the truth presenting a problem is the context and whether it is a typical presentation. And, I do not mean to puff myself up or inflate what little importance I have, but I know of what I speak. I took a year of communications law in college and religiously have followed developments since, both in law and court precedents. I am a journalist.

dragon

I think that Ebay auction was unprofessional and in bad taste. The seller should have handled the matter in private IMO. I think it is also against Ebay policy to publicize someones name and address like that.

dragon

Russ

RGL,

You could very well be right, I honestly don't know. Just pointing out that, at the very least, the issue is certainly not a cut and dried case of libel. Before markets began publicly displaying the bounced checks of deadbeats, it was also not "typical" as defined by the existence of a precedent. But, it became so.

There are already plenty of sellers, both on eBay and elsewhere, that have web pages setup devoted specifically to publishing details about deadbeat buyers.

In any event, as the internet in general is new and the legals ins and outs in the very early stages of development, it would be an interesting test case.

Russ, NCNE

Russ

<< <i>The seller should have handled the matter in private IMO >>



Dragon,

He tried to and got nowhere. The woman is a criminal, and does not deserve the same consideration one would give a law abiding citizen.

Russ, NCNE

dragon

Hi Russ,

Yes, I understand that the woman acted dishonestly, however, the seller has other means to try and go after her if he really wants to make a point of recovering his money. He also should definately leave her appropiate feedback and file some sort of complaint with Ebay IMO. However putting up her bad check on Ebay just seemed like a childish, retaliatory stunt done out of spite and was inappropriate. JMO.

dragon

LucyBop

Geeezz, now everyone knows my real name, see if I ever write a check again!

airplanenut

<< <i>Geeezz, now everyone knows my real name, see if I ever write a check again! >>

No Frankies in Jail, boperoo

danglen

The seller had left feedback, and then the check bounced. Since he had already left positive feedback, he no longer had this avenue of redress. Wait a minute, am I in the right thread?

ANACONDA

Bravo to the seller!

g097103

ROTFLMAO, I like it. She will learn a lesson on the law of unintended consequences.

Scott M

cosmicdebris

I like it!!!!!!! Has anyone emailed the buyer? They should see the price of their evil ways.

Bulldog

Looks like Ebay or Someone pulled the auction. Good deal for everyone!

roadrunner

I applaud the seller. We afford criminals too many rights. Bravo.

roadrunner

Dog97

It's against eBay rules to request someones contact info then post it.
Checks are bought and sold by currency collectors & dealers all the time so it's no big deal. Usually it's antique or historic checks, that's the first "Modern" I have ever seen for sale.

grip

I love itOnly thing missing is her cell phone#?.Al

lathmach

Hahahhahahahahahaha
Good one. A little more of this and and there'd be a whole lot less trouble in internet transactions.
Legal? I don't know, I'm not a lawyer.


Ray