Seller threatens to sue over negative feedback
Snowball
Posts: 361
Can a someone sue over a negative feedback? The seller is sort of threatening me.
Seller's email to me:
<< <i>Please read this statement on ebay feedback policy. If a court were to find that your remarks constitute libel or defamation, you would be held legally responsible for damages to that member's reputation. Under federal law (the Communications Decency Act), because eBay does not censor feedback or investigate it for accuracy, eBay is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it. This is what you have done. Make no mistake about it. I will not give up until either you decide or the court decide for you that you are in violation of this law by leaving this negative feedback about my reputation or you voluntary to removing this negative feedback. >>
Here's how it started.
I won an auction with the buy it now immediate payment required through paypal awhile back. The follwoing day the seller refunded my money stating in the paypal refund that the item is not for sell at this time. The item is $6.99 (I know I got it cheap by $6-8). I left a negative feedback. Same thing she'd done to another buyer who also left her a negative feedback. After that I put that behind me and just bidded on other same cards.
Neg. FB I left:
<< <i>Won item BIN Paid by Paypal Seller refunded payment Hold cards for higher $$ >>
Then headaches began.
I been getting emails (plague with emails) from the seller about the negative FB I left. Seller sent the cards without telling me beforehand (emailed me and told me she sent the cards and wants the feedback removed -- I didn't like the idea. Sort of a bribe.), files for a square trade neg. FB removal. I ignored SQ and the seller sent me a payment reminder. I emailed to remind her that I paid for the item and she refunded my payment (this is the only email I sent her).
The seller retracts the FB removal request, then files again and lied on to square trade noting that she sent the cards because I requested/asked her to send it to me and she made it look like I ripped her off. Like the other buyer who left also a neg. FB, I was considering to have it remove by just letting the time limit passed by but the false statements she made angered me.
I finally responded to square trade and said that I still need to think about the request and noted that the seller made false statements and that I returned the cards. I received an email from her telling me she never made any false statements and after 1-2 days seller files for mediation, retracts the mediation and filed again. (wow, I thought I'm going to rest for awhile about 1-2 weeks for this and there she goes again).
I got headache for this $6.99 item. I'm plague with her emails eversince I left that neg. FB. She doesn't know that I kept all the emails she sent for proof. I managed to changed my user info because I had the feeling that she might call and harass me. She did requested it (I think 2-3 times).
Now she changed her email and user ID (I found out when she requested my info, again). I sense that she was up to another when she'd done this. Today, she sent me the above email (quoted) using her old ebay email address (after she changed her ebay email and ID).
Seller's email to me:
<< <i>Please read this statement on ebay feedback policy. If a court were to find that your remarks constitute libel or defamation, you would be held legally responsible for damages to that member's reputation. Under federal law (the Communications Decency Act), because eBay does not censor feedback or investigate it for accuracy, eBay is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it. This is what you have done. Make no mistake about it. I will not give up until either you decide or the court decide for you that you are in violation of this law by leaving this negative feedback about my reputation or you voluntary to removing this negative feedback. >>
Here's how it started.
I won an auction with the buy it now immediate payment required through paypal awhile back. The follwoing day the seller refunded my money stating in the paypal refund that the item is not for sell at this time. The item is $6.99 (I know I got it cheap by $6-8). I left a negative feedback. Same thing she'd done to another buyer who also left her a negative feedback. After that I put that behind me and just bidded on other same cards.
Neg. FB I left:
<< <i>Won item BIN Paid by Paypal Seller refunded payment Hold cards for higher $$ >>
Then headaches began.
I been getting emails (plague with emails) from the seller about the negative FB I left. Seller sent the cards without telling me beforehand (emailed me and told me she sent the cards and wants the feedback removed -- I didn't like the idea. Sort of a bribe.), files for a square trade neg. FB removal. I ignored SQ and the seller sent me a payment reminder. I emailed to remind her that I paid for the item and she refunded my payment (this is the only email I sent her).
The seller retracts the FB removal request, then files again and lied on to square trade noting that she sent the cards because I requested/asked her to send it to me and she made it look like I ripped her off. Like the other buyer who left also a neg. FB, I was considering to have it remove by just letting the time limit passed by but the false statements she made angered me.
I finally responded to square trade and said that I still need to think about the request and noted that the seller made false statements and that I returned the cards. I received an email from her telling me she never made any false statements and after 1-2 days seller files for mediation, retracts the mediation and filed again. (wow, I thought I'm going to rest for awhile about 1-2 weeks for this and there she goes again).
I got headache for this $6.99 item. I'm plague with her emails eversince I left that neg. FB. She doesn't know that I kept all the emails she sent for proof. I managed to changed my user info because I had the feeling that she might call and harass me. She did requested it (I think 2-3 times).
Now she changed her email and user ID (I found out when she requested my info, again). I sense that she was up to another when she'd done this. Today, she sent me the above email (quoted) using her old ebay email address (after she changed her ebay email and ID).
RIP Snow
0
Comments
Joe
Nick
Reap the whirlwind.
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Nick
Reap the whirlwind.
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<< <i>What's the big deal? She offered to sell it to you for the price you won it for, and you stated it was a good price. Why not just buy the card and go along with having the neg removed?
Joe >>
No. she refunded the payment I paid through paypal. She did the same thing to another buyer who also left a neg. FB for this.
I was considering to have the neg. feedback removed but when she made false statement to square trade that she sent the cards at my request and also told square trade we (the other buyer and I) left the neg. feedback to get the cards for free. Those false statements angered me. I did NOT asked/requested for the cards in exchanged to have the neg. removed. She sent the cards without my consent.
If I accepted the cards it will make her statements true (that I requested for it and left the neg. FB to get the cards for free).
The seller claims she never made any false statements. That, too pissed me off.
<< <i>...this case, the big deal would be that this seller is someone wholly undesirable to deal with. He is saying that her actions are harassing, she is threatening a lawsuit, and she lied to Square Trade to try to get the negative feedback removed. That is precisely the kind of person who should not get it removed.
Nick >>
I agree..stand your ground. Report this to eBay & PayPal.
Post her user IDs here so other board members may avoid this individual.
Skip
ANGEL OF HOPE
Skip
TUSTIN CA
If I was in that position though, I would have forgotten about. The time spent and the headaches over a $6.99 item just aren't worth it.
<< <i>She can sue. Her lawsuit appears frivolous, if the facts are as you state them. You might want to tell her that if she sues you, you will sue her for malicious prosecution after the court rules in your favor on her claim. >>
If you don't agree with what I wrote above, then do what NickM says, maybe she'll see that you are willing to fight back and she might give up all together.
RobBob
I guess I have to file for another report to ebay. It's a different situation now. I just don't know how long before ebay respond to this kind of situation.
I called his bluff. Hired my own attorney who made a couple of phone calls and drew up a demand letter and faxed it to their attorney. My attorney didn't even have to research the law. It was basic law school 101. He said I'd win 100 times out of 100.
That was the end of that.
<< <i>I agree..stand your ground. Report this to eBay & PayPal.
Post her user IDs here so other board members may avoid this individual.
Skip >>
old ID: sportstar104
new ID: mlsp106
You can try these numbers..I haven't used them so can not attest to their validity.
Skip
eBay Contact
PayPal Contact
ANGEL OF HOPE
Skip
TUSTIN CA
the feedback you left is justified. If you would've backed out
from the payment part of the transaction she would have left you
a neg. The ironic part is that her own actions have done
far more damage to her reputation than your negative feedback.
<< <i>Out curiousity, where is this seller orginated? and her ebay ID? I want to stay away from any of her auctions! I had won a dutch auction for a Kerry Wood RC, but the seller did not send the item, claimed that credit card was stolen. Reported to Squaretrade, but they couldn't reach the seller, and that was the end of that. Hope you have better results from them than me! >>
old ID sportstar104
new ID mlsp106
location: Nauvoo, AL
this seller is also a square trade member. she has a square trade seal.
<< <i>Courts concede that the distinction between opinion and fact is a difficult one to make. For example, if one party charges another with "gross incompetence," that statement would probably be one of opinion (at least one case has so held). >>
I agree with Beach that she could get her way but I think you should stick to your guns. As to your original question: sue for what? From what I can see, you have stated an opinion and for her to seek remedy, she would have to prove damage. Unless she's a lawyer and has nothing better to do, I don't think anyone, at 2-400$/hr., is going to pursue this on her behalf. Furthermore, what would be the jurisdiction? Just wondering. Anyhow, I hope this just goes away.
Mike
Whatever you do, make sure you keep Square Trade "in the loop". If you stop responding to their e-mails or put them off too long they may pull the negative by default.
Personally, I'd have some fun with her.... I'd e-mail her and say "If you admit you lied, and post a follow-up feedback that states that you lied and you are sorry for it ... I'll remove the negative.
Then when she does... make it a neutral so it always stands out a little.
<< <i>Snowball,
Whatever you do, make sure you keep Square Trade "in the loop". If you stop responding to their e-mails or put them off too long they may pull the negative by default.
Personally, I'd have some fun with her.... I'd e-mail her and say "If you admit you lied, and post a follow-up feedback that states that you lied and you are sorry for it ... I'll remove the negative.
Then when she does... make it a neutral so it always stands out a little. >>
I really don't know what to do so I couldn't reply (to square trade) and have to ask the other person who left the neg. how to go about it. So on the 2nd request that she filed, I finally answered and said I have to think about the request. I thought somebody's mediating already but I received an email from square trade that I could request a mediator to resolve the problem. I did not request because I do not want to pay. The seller request a mediator 1-2 after I replied to square trade.
The email from square trade stated that ebay's policy for the removal of neg. FB is that I have to go through mediation. If I click the link "Yes I agree to mediate the case", will they remove that neg. even without my approval? I really don't know how square trade works.
She already made a followup from the neg. FB.