Overseas ebay seller threatening to sue.

[MissFawn]

I recently bought an item on ebay, and the item arrived damaged (scratched surface) and dirty. It was a gift, so I didn't have time to send the item back and ask for another. I just cleaned the item and gave it to the person who I intended to give it to, hoping that they don't notice the scratched surface.

However, I thought that it'd be fair if I leave a negative feedback for the seller, so I did, and wrote for the reasoning that it was because the item was dirty and damaged.

The next day, I got an email from this person, and they claimed that it is illegal to write a negative feedback without consulting the seller first. I don't know if this is true. The person then said that they've reported me to ebay, and I should change the feedback if I didn't want further action. This to me felt a bit like a threat, so I changed their feedback to neutral, but wrote that I changed the feedback against my will.

Now the person is threatening to sue me for defamation. However, they live in England whereas I live in Australia, so I was wondering if this is likely to happen? I'm really freaking out because Australians aren't generally the type of sue for something petty like this, and I'm just really not used to this sort of problem. I'd greatly appreciate it if somebody can let me know if this person is likely to sue me or not.

 

[Proserpina]

I recently bought an item on ebay, and the item arrived damaged (scratched surface) and dirty. It was a gift, so I didn't have time to send the item back and ask for another. I just cleaned the item and gave it to the person who I intended to give it to, hoping that they don't notice the scratched surface.

However, I thought that it'd be fair if I leave a negative feedback for the seller, so I did, and wrote for the reasoning that it was because the item was dirty and damaged.

The next day, I got an email from this person, and they claimed that it is illegal to write a negative feedback without consulting the seller first. I don't know if this is true. The person then said that they've reported me to ebay, and I should change the feedback if I didn't want further action. This to me felt a bit like a threat, so I changed their feedback to neutral, but wrote that I changed the feedback against my will.

Now the person is threatening to sue me for defamation. However, they live in England whereas I live in Australia, so I was wondering if this is likely to happen? I'm really freaking out because Australians aren't generally the type of sue for something petty like this, and I'm just really not used to this sort of problem. I'd greatly appreciate it if somebody can let me know if this person is likely to sue me or not.

I'm sorry, we deal only with US law here.

 

[jiggy78]

I have been around the block long enough to know this is an idle threat. Block this person's email address and continue on with your life.

 

[Mass_Shyster]

I have been around the block long enough to know this is an idle threat. Block this person's email address and continue on with your life.

You need to take a few more trips around the block. Neither England nor Australia are bound by the First Amendment to the United States Constitution.

 

[TheGeekess]

You need to take a few more trips around the block. Neither England nor Australia are bound by the First Amendment to the United States Constitution.

Somebody needs to remind Michael Savage of that.

 

[Zigner]

You need to take a few more trips around the block. Neither England nor Australia are bound by the First Amendment to the United States Constitution.

Nor is eBay

 

[jiggy78]

You need to take a few more trips around the block. Neither England nor Australia are bound by the First Amendment to the United States Constitution.

I've been around the block more than your sister, which is saying a lot. My advice to the OP is to ignore this person.

 

[Zigner]

I've been around the block more than your sister, which is saying a lot. My advice to the OP is to ignore this person.

Are you really familiar enough with Australian or UK law to give such a definitive answer?

 

[jiggy78]

OP is not subject to Australian or UK law. Ebay is hosted in America.

 

[Zigner]

OP is not subject to Australian or UK law. Ebay is hosted in America.

jiggy - I'm sure you misspoke...right?

Or, do you seriously believe that the "OP is not subject to Australian or UK law. (Because) Ebay is hosted in America."?

 

[TheGeekess]

OP is not subject to Australian or UK law. Ebay is hosted in America.

eBay is merely a venue. They'll not get involved.

Otherwise, all the buyers and sellers in the US that decide to sue each other would have to do so in CA, not in their respective states.

 

[jiggy78]

I did not misspeak in my recommendation to the OP to ignore this idle threat.

 

[Zigner]

I did not misspeak in my recommendation to the OP to ignore this idle threat.

But you did in your false assertion that the OP was bound by US law based on the location of eBay, right?

 

[quincy]

I am posting mostly to bump spam off the main board but, after reading the original post, and seeing as how I am already in this thread, I will add some additional information for our foreign visitor.

MissFawn, the eBay seller can sue you for defamation over a defamatory feedback left on eBay, but the seller would have to sue you in Australia, under Australian laws. The UK seller cannot compel you to travel to the UK to be sued.

Because the costs that are involved in pursuing ANY defamation action are generally extremely high, threats to sue are far more common than actual suits. This is the case even when the parties to a defamation action reside in the same country, or even in the same state in the U.S.

The costs for a resident of the UK to pursue a defamation suit against a person residing in Australia would be exhorbitant. The costs would, no doubt, far exceed any possible damages that could be awarded a seller over a defamatory feedback left on eBay. And this is making the unlikely assumption that the feedback was defamatory enough to cause severe reputational injury to the seller and that all other elements necessary for a defamation suit can be met.

Therefore, I think it is fairly safe to assume that you will not be sued for defamation over any negative (or defamatory) feedback you left for the UK eBay seller over the dirty and damaged item you received, despite the seller's threats to sue.

If you do receive a complaint notifying you that you are being sued in Australia, consult with an attorney in your area.

 

[quincy]

bumping spam off the main board - again


Where are all these spammers coming from. . . . and why?