ebay feedback: slander or defamation?

BigGreek

A recent spat I had on ebay with a seller (Link) brought to light an issue
I have always wondered about: to what extent can you be held libel
for feedback left with ebay.

I found a few interesting links on the topic: Link

In particular, check out his link on the specifics of defamation law.

Other legal resources point out that you can sue anyone for anything
so long as you have the funds but it seems unlikely someone will
plow $25k into it.

In general, the law it tilted towards protecting free speech (and may
not even apply to ebay feedback) and it is easy to protect yourself
by inserting "in my opinion", "appears" or some other qualifier which
asserts your claim without making a hard statement. Or if you have
proof in hand (as I did in my case) by maintaining the required proof of
truth.

<edited to add link to original thread>

DCAM

Nice coin topic in this coin forum.

Bochiman

Actually, DCAM, I believe it is.
If you were around, and/or paying attention, you would know that biggreek had a COIN related spat (deceptive coin sent...picture altered on ebay) on ebay and has been going around on things...and did warn people about the seller (donald115).

So, while biggreek doesn't allude to the other issue (maybe he should have put a link) he is basing this for others as well as it concerns to the original coin-related diatribe.

Rampage

<< <i>Nice coin topic in this coin forum. >>

BigGreek

<< <i>Nice coin topic in this coin forum. >>



I edited the original message to include the mentioned link.
The reason I posted this message is because the seller is
threatening me with a lawsuit regarding the feedback I left.
I wanted to provide people with some information regarding
this type of threat and how to guard against it.

flaminio

Since it appears one can get sued for Usenet posts, I see no reason why one could not sue for eBay feedback. Winning might be a different matter, of course...

K6AZ

That's nothing but an empty threat. If you got your money back, ignore the idiot.

itsnotjustme

If you really want to get him, leave a second negative right at the 90 day point so he will not likely get the chance to retaliate. Since you only left feedback on one item, you still have the other arrow in your quiver. It will not change his score but will give him a fresh negative for buyers to see.

K6AZ

One more thing I might add, and that is a lot of bad sellers threaten lawsuits to try to get the buyer to agree to mutual feedback withdrawl. Don't fall for it.

Smittys

My response would be : Bring it on
Who's going to sue over feedback especially
if you have reason for leaving it.

BigGreek

<< <i>If you really want to get him, leave a second negative right at the 90 day point so he will not likely get the chance to retaliate. Since you only left feedback on one item, you still have the other arrow in your quiver. It will not change his score but will give him a fresh negative for buyers to see. >>



Actually I left positive feedback on the other item.. I was trying to bluff him
into leaving positives for both so I could get him on the other coin. Didn't
work.

goose3

<< <i>Nice coin topic in this coin forum. >>




Is it any wonder fights start around here?? Nice ATTITUDE. This thread is coin related but your post is NOT.


I wouldn't worry too much about him suing you. Too bad you left him a Positive for the one.

ldhair

Tell the a$$ to go suck an egg.
Do follow ups on his negs if possible and tell the truth.

Nickelback

I agree this is a good thread for this forum. eBay has become such a force for both sellers and buyers that a better understanding of why some people resort to this type of response is needed. The addage "never hesitate to litigate" finds it's way into the wierdest places, but really, when you're talking about money changing hands and a transaction where subjectivity plays such an important part it seems reasonable to want to know as much about the legal aspects as possible - and what both seller and buyer can do to avoid it.

When I see things like "payment not received by a certain date or a negative feedback will be placed" it just doesn't cover the additional issue of our much maligned postal service. I use PayPal for eBay but a lot of others don't and the vagaries of mail delivery shouldn't condemn them to those tactics. Many sellers are frustrated with legitimate problems for some buyers. So what, it's part of doing business. Many buyers are frustrated with some sellers. So what, it's part of business.

Educate yourself and help protect yourself.