eBay Feedback Could Get You Sued
What happens when a lawsuit-happy society meets the Information Age? You reach a new level of Internet-driven absurdity.
Case in point: A British businessman is now suing an eBay buyer for giving him a negative review on the auction site. Chris Read bought a Samsung F700 cell phone from the guy and says it didn’t match the description at all.
“I was told the phone was in good condition, but there were scratches all over it, a big chip out of the side and it was a different phone. I paid for a Samsung F700 and got a Samsung F700V,” Read tells the Daily Telegraph.
So Read, like many eBay buyers would, decided to post feedback on the fella’s account. Here’s his apparently “malicious” and “defamatory” message:
“Item was scratched, chipped and not the model advertised on Mr Jones’s eBay account.”
Oooh…scathing, right? Let’s pause for a moment to review the legal definition of the word “libel”:
libel
n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others.
Okay, so what’s the seller’s argument? He hasn’t publicly disputed that the phone was faulty. He just says that he did provide a refund to Read in the end — and that, he tells the Telegraph, indicates “great customer service” and “deserves positive feedback.” The comments, he says, are “unfair, unreasonable, and damaging.”
Here’s a comment for you: This case is frivolous and ridiculous. First of all, the open feedback forum is designed to provide unfiltered opinions from customers about the service they receive. That aside, if a statement is not an “untruth,” it’s not libel — whether or not you like it. Case closed.
Hey, seller man, here’s one more thing to consider: Did you ever think that your eBay reputation might suffer far worse damage from these claims than it would have from the single negative review? Just sayin’. But hey, it’s not all bad. Maybe you can use this experience to create a “How Not To Sell Stuff On eBay” guide. Just make sure not to offer it over eBay, though, or someone might leave you a bad comment — and then you’d have to sue them, too.
I am doing a search on the possibility of suing a buyer and Ebay for their feedback policies. First, let me say that yes, as a buyer OR A SELLER you should be able to leave an opinion on the transaction. However, Ebay only allows the buyer to leave negative feedback. Also an opinion does not give any one the right to call another a liar, thief, or scam artist. That is libel. Also as the mediator in the buyer/seller relationship Ebay has a responsibility to both parties equally. In my case the buyer filed a completely false claim that was found IN MY FAVOR. In this claim made by the buyer, I am accused of not having the right to sell what I was selling. More specifically, I am accused of not having a clear title to sell a vehicle I had. I forwarded the title to Ebay and proved this to be inaccurate and they found in my favor. However, the seller still left feedback stating I was a liar, thief and scam artist. Ebay refuses to remove this feedback stating that it doesn’t fall within the feedback abuse policy. I just wonder if you think I am being frivolous or ridiculous? As I said, an opinion is one thing, but to say such things about someone especially when the grounds for such remarks are false, is irresponsible both on part of the buyer and more importantly EBAY!! They have a responsibility to investigate such things and to act accordingly. This would truly be a neutral stance but this is not the case. THAT IS WHY I will be suing Ebay as well as the buyer for the negative feedback I received.
You ARE being frivolous! Go after ebay for not removing the opinion.