Slander, deffamation of charactor involving the web

#1 08-27-2001, 09:09 AM

I don't know whether this is worth pursuing or not, but here goes. On 6/25/01 I won an auction on ebay. The seller had listed the item as being a 1942 zippo. When I received the item I found it to be a 1948-1949. I was dissapointed needless to say, and immediately emailed this person on 8/9/01. On 8/15/01 I again emailed this person but received no reply to my concern that this was not a 1942 as the ad stated. On 8/20/01 I still hadn't heard from this person and chose to post a negative feedback, which stated that the seller misrepresented the item and didn't answer my emails. On 8/21 the seller responded by posting negative feedback to me, specifically saying I " Beware this person is a waste of your time, a bad buyer" Up until this time I had received 33 positives for both buying and selling. I read the rules regarding feedback, and the only way to have a negative removed is through a court order. What I don't know is it worth the time and effort involved to do this. I did email ebay's customer support team on 8/23/01, and thats when the seller finally wrote and said " she had every intention of writing me, but that I had made it a moot point". As of this date the seller has made no other attempt to resolve this situation. Ebays customer support has suggested the possibility of mail fraud as well as other possible solutions. I feel that this black mark on my otherwise good record was tottaly unwarranted and possibly slanderous in nature. I live in Indiana, and the seller lives in Washington. Thanks for any advice in advance.

JETX · #2 08-27-2001, 10:07 AM

I have looked at the item on eBay and the seller does NOT say that the lighter is 1942, only that it has "lettering from the 1942 production years".
[url]http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1169326593[/url]

What EXACTLY does that mean?? Was the 1942 year lettering different than all other years?? Was the 1942 lettering used for several years over what span? What exactly are the "1042 production years"??

Do you have any other correspondence from the seller specifically stating that the lighter WAS produced in 1942?? Absent that, I believe you would have a VERY hard time trying to convince a court (or others) that you were deceived.

I also noted that each of you have cross-posted complaints on the other and that each of you posted responses to the post.

Random thoughts/comments:
1) It would take a court and expert testimony (and the proverbial wheelbarrow full of money) to determine if the sellers ad was deceptive. Are you really prepared to do that for a $35.00 lighter (that has SOME inherent value)?

2) Did you pay by credit card?? If so, you can file a dispute with the credit company and see if they will do a charge-back to the merchant. Also, they will require that you send the lighter back.

3) Have you considered the eBay 'fraud policy' (though this probably won't help)??

4) If the US mail was used at anytime in the transaction, you could file a mail fraud complaint with the US Postal Inspector? As in #3 above, this would probably have little success.

And one final thing to consider in this entire situation... if you have been damaged at all, it would only be for the difference in value between a 'true' 1942 lighter and the one you received. How much do you believe your damages to be??

LegalBeagle · #3 08-27-2001, 03:59 PM

I enjoy Ebay type questions..

#4 08-28-2001, 08:28 AM

Just to clarify one point. The ad title speciffically stated this was a 1942 zippo. I had no way of knowing if this seller was knowledgeable or not, however the title would indicate to me that the seller at least read that particular section of poors guide to zippos. The difference in values could have been considerable. By doing this post, I just wanted confirmation in my own mind whether to let this go or not. Part of the process of going on. Thanks for helping.

LegalBeagle · #5 08-28-2001, 08:37 AM

Well, for $36.56.. there is no value in proceding with any legal action. Also, asking for damages would be difficult since you would be showing an amount you could have gained, not how much you have actually lost.

JETX · #6 08-28-2001, 10:21 AM

And as in all sales ads, you can't just rely on the LARGE print, you have to read the full ad.

How many times have you seen an ad for a car that says "FULLY EQUIPPED!!!", then had to look at the small print to find that the car really doesn't have A/C, Power windows, etc. Making broad statements in the headlines is called 'ad fluff'.

Always read the complete ad before making a committment to purchase, and if anything appears contradictory or confusing, ask and get the answer in writing.

Best of luck to you...