Thanks for posting. I almost left negative feedback one time for someone but chose not to because I was afraid of something happening like this in this sue happy world.
I did not know if it was happening but figured someone could claim the good ole defamation of character or damage to one's reputation resulting in less business. This looks like it is a real risk.
By the way this is one of local stations here in Orlando where I live.
I am stunned that this is even allowed. Just another example of where so many people don't want to take responsibility for their actions.
Personally I am not sure how one could even argue that it hurt their business and won. If EBAY is giving you the option to report back to other members your experiences and you do so in an honest manner that just so happens to be negative that is part of the feedback system and that is where the issue should end in my book.
If one of the cases actually ends up in a loss for the person who left negative feedback I think they could counter sue EBAY and say it was EBAY's fault for allowing them to be exposed to such damages with their feedback system.
Looking at theirs neg's they seem to be less than 100% perfect sellers.
From what I can tell, 707 is the DOLLAR STORE compared to deans_cards. For what that guy charges, if I ever bought anything from him I would expect it to be delivered to me in a frickin' limo. ~WalterSobchak
I hope the "defendant" is counter-suing for lost wages, lawyer fees, and duress. Once this goes to trial and the seller gets totally blown up in court, that should limit this frivolousness behavior.
Don't ebay's TOS include a disclaimer about feedback? I don't see how such a matter of fact neg could be found in violation of anything. I hope the court introduces into evidence the seller's pitiful record which shows all you need to know about this loser.
Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.
If the seller wins a claim in small claims court in Boston can they collect the judgement from someone in Fla? Would it ruin someone's credit if they lost and didn't pay? Is it possible the seller is counting on someone from Fla not going to Boston to defend himself in small claims court therefore winning by default?
I would not consider this frivolous...I agree we live in a litigious society but that is how new guidelines/laws/regulations develop. So it's either lawsuits or the government controls, the issue comes when you get both too highly involved.
In this case, the seller is going to have a hard time proving the feedback has harmed business, from looking at their feedback I do not see much of an impact on sales.
I am not an attorney (Doug is, though, LOL), but my understanding is that if you are going to sue a person in small claims court, you must sue in the state where THAT person lives not your home state.
Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.
<< <i>I would not consider this frivolous...I agree we live in a litigious society but that is how new guidelines/laws/regulations develop. So it's either lawsuits or the government controls, the issue comes when you get both too highly involved.
In this case, the seller is going to have a hard time proving the feedback has harmed business, from looking at their feedback I do not see much of an impact on sales. >>
I 'm not a lawyer but I don't think you can sue someone in small claims court for slander. Small claims court is for non payment of services rendered or if you did not received services you paid for.
Comments
I did not know if it was happening but figured someone could claim the good ole defamation of character or damage to one's reputation resulting in less business. This looks like it is a real risk.
By the way this is one of local stations here in Orlando where I live.
Non-Positive feedback is not allowed.
Dave
Personally I am not sure how one could even argue that it hurt their business and won. If EBAY is giving you the option to report back to other members your experiences and you do so in an honest manner that just so happens to be negative that is part of the feedback system and that is where the issue should end in my book.
If one of the cases actually ends up in a loss for the person who left negative feedback I think they could counter sue EBAY and say it was EBAY's fault for allowing them to be exposed to such damages with their feedback system.
What a mess this could turn into though.
Blackhawks Luggage Tag
~WalterSobchak
WTB: 2001 Leaf Rookies & Stars Longevity: Ryan Jensen #/25
Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.
If the seller wins a claim in small claims court in Boston can they collect the judgement from someone in Fla? Would it ruin someone's credit if they lost and didn't pay?
Is it possible the seller is counting on someone from Fla not going to Boston to defend himself in small claims court therefore winning by default?
In this case, the seller is going to have a hard time proving the feedback has harmed business, from looking at their feedback I do not see much of an impact on sales.
Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.
<< <i>More idiocy thanks to feedback and ebay games >>
This.
<< <i>I would not consider this frivolous...I agree we live in a litigious society but that is how new guidelines/laws/regulations develop. So it's either lawsuits or the government controls, the issue comes when you get both too highly involved.
In this case, the seller is going to have a hard time proving the feedback has harmed business, from looking at their feedback I do not see much of an impact on sales. >>
I 'm not a lawyer but I don't think you can sue someone in small claims court for slander. Small claims court is for non payment of services rendered or if you did not received services you paid for.