What is the name of your state?What is the name of your state? NY.
THE SELLERS STATE IS CALIFORNIA.
I PURCHASED AN ITEM ON EBAY 6-11-05. THE ITEM DID NOT ARRIVE AS OF 7-11-05. I REQUESTED A REFUND. THE SELLER SAID I WOULD HAVE TO WAIT FOR USPS TO REFUND HIM. THERE WERE MANY EMAILS BACK AND FORTH. I PUT A CLAIM IN WITH PAYPAL FOR THE REFUND BECAUSE THE SELLER WOULDN'T REFUND UNTIL HE GOT REFUND. PAY PAL PAID ME IN FULL ON 7-24-05. 6 DAYS AFTER I FILED THE DISPUTE/CLAIM.
I LEFT SELLER A NEGATIVE FEEDBACK. SIMPLY STATING I HAD NOT RECEIVED HIS ITEM AND PAYPAL HAD FULLY REFUNDED ME.
HE REPLIED CALLING ME A JERK AND A LIAR IN HIS REPLY TO MY COMMENTS.
HE REPEATED THOSE SENTIMENTS IN HIS FEEDBACK TO ME. I RESTATED THAT I HAD BEEN PAID IN FULL BY PAYPAL WAS NOT A LIAR AND THAT HE SHOULD GROW UP- CONCERNING HIS STATEMENT I WAS A JERK.
THERE WAS NO LIE IN MY STATEMENTS OR ANY EMAILS WE HAD. THOSE COMMENTS,IN PARTICULAR HIM CALLING ME A LIAR ARE COMPLETELY FALSE AND STAY ON THE FEEDBACK COMMENTS FOR ALL TO SEE WHEN MAKING A PURCHASING OR SELLING DECISION TO DEAL WITH ME IN FUTURE TRANSACTIONS.HE LEFT A POSITIVE FEEDBACK BUT WITH THE DEROGATORY COMMENTS. I'D LIKE HIM TO REMOVE THE WORD LIAR ,AT THE VERY LEAST. I CAN LIVE WITH JERK,WHICH IS ANYONE'S RIGHT TO AN OPINION.
UNFORTUNATELY I THINK EBAY'S RULES WOULD PREVENT HIM FROM RETRACTING THE WORD LIAR OR EDITING HIS COMMENTS IN ANY WAY BASED ON MY READING OF THEIR RULES, EVEN IF HE AGREED AND ADVISED OR ASKED EBAY TO DO SO.
ACCORDING TO WHAT I READ ON EBAY "Feedback cannot be edited or removed once it has been left. It becomes a permanent part of a member's eBay record and is viewable by the entire eBay community.
Members could be held legally responsible for damages to a member's reputation
if a court were to find that the remarks constitute libel or defamation..
Under federal law (the Communications Decency Act), because eBay does not censor feedback or investigate it for accuracy, eBay is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it."
EBAY WANTS A COURT TO FIND LIBEL IN ORDER TO REMOVE THE "LIAR" DEFAMATION.
THAT MEANS I WOULD HAVE TO SUE HIM AND GET A DECISION IN MY FAVOR TO GET EBAY TO REMOVE THE LIBELOUS COMMENTS.
THIS GUY HAS USED THE WORD LIAR AND OTHER INAPPROPRIATE LANGUAGE SEVERAL TIMES, ALL WHEN HE WAS LEFT A NEGATIVE FEEDBACK.
EBAY IS FORCING THIS LITIGATION TO CORRECT SOMETHING THAT WOULD BE UNECCESSARY IF THEY ALLOWED THE WRITER TO RETRACT/EDIT OUT THE DEFAMOTORY COMMENTS BY REQUESTING THEY DO SO IF HE WERE ABLE TO UNDERSTAND BY ME EMAILING HIM AND ASKING HE DO SO AND THE LEGAL REPERCUTIONS IF HE DID NOT.
WHY AM I BOTHERING ?
because it's no right to let something stand that is disparaging and let this guy feel he can do so without being held accountable. as i said there were several other comments where he called people liars and other inappropriate/childish terms in his comments. since ebay limits feedback/replies and comments to only 80 charachters, they should bar or remove a comment of liar in any dispute, unless it can be proved or disproved in under 80 charachters. most can't be except for the simple claim on an undelivered goods dispute.
if there's a delivery confirmation# or a track and confirm # and the item hasn't shown up in 30 days using the carriers tracking system and the buyer
states he hasn't received it;the seller should not be able to leave a comment that the buyer is a liar , unless the seller can show that the item was tracked to the delivery address and he can prove it with a copy of the confirmation from the carrier.
i left a negative rating but my comments stuck to the facts. i didn't receive the item and paypal reimbursed me in full .
i did not tell people not to buy from him,did not call him a liar or any other disparaging remarks.
WHAT OPTIONS DO I HAVE ?
WHAT ARE THE COSTS OF EACH IF THERE ARE MORE THAN ONE.
IF I HAVE TO LITIGATE, WILL I BE ABLE TO RECOVER ALL MY COSTS?
i'm asking for help and ways to correct the defamatory remarks. it would be easy just to drop it even though it's wrong AND HAPPENS SO OFTEN ON THE NET, AND because it's really a small issue .
i may end up doing that but it won't be because i have numerous replies saying that in the many way's it can be said.
HAVE A GOOD ONE
THANKS DAN
THE SELLERS STATE IS CALIFORNIA.
I PURCHASED AN ITEM ON EBAY 6-11-05. THE ITEM DID NOT ARRIVE AS OF 7-11-05. I REQUESTED A REFUND. THE SELLER SAID I WOULD HAVE TO WAIT FOR USPS TO REFUND HIM. THERE WERE MANY EMAILS BACK AND FORTH. I PUT A CLAIM IN WITH PAYPAL FOR THE REFUND BECAUSE THE SELLER WOULDN'T REFUND UNTIL HE GOT REFUND. PAY PAL PAID ME IN FULL ON 7-24-05. 6 DAYS AFTER I FILED THE DISPUTE/CLAIM.
I LEFT SELLER A NEGATIVE FEEDBACK. SIMPLY STATING I HAD NOT RECEIVED HIS ITEM AND PAYPAL HAD FULLY REFUNDED ME.
HE REPLIED CALLING ME A JERK AND A LIAR IN HIS REPLY TO MY COMMENTS.
HE REPEATED THOSE SENTIMENTS IN HIS FEEDBACK TO ME. I RESTATED THAT I HAD BEEN PAID IN FULL BY PAYPAL WAS NOT A LIAR AND THAT HE SHOULD GROW UP- CONCERNING HIS STATEMENT I WAS A JERK.
THERE WAS NO LIE IN MY STATEMENTS OR ANY EMAILS WE HAD. THOSE COMMENTS,IN PARTICULAR HIM CALLING ME A LIAR ARE COMPLETELY FALSE AND STAY ON THE FEEDBACK COMMENTS FOR ALL TO SEE WHEN MAKING A PURCHASING OR SELLING DECISION TO DEAL WITH ME IN FUTURE TRANSACTIONS.HE LEFT A POSITIVE FEEDBACK BUT WITH THE DEROGATORY COMMENTS. I'D LIKE HIM TO REMOVE THE WORD LIAR ,AT THE VERY LEAST. I CAN LIVE WITH JERK,WHICH IS ANYONE'S RIGHT TO AN OPINION.
UNFORTUNATELY I THINK EBAY'S RULES WOULD PREVENT HIM FROM RETRACTING THE WORD LIAR OR EDITING HIS COMMENTS IN ANY WAY BASED ON MY READING OF THEIR RULES, EVEN IF HE AGREED AND ADVISED OR ASKED EBAY TO DO SO.
ACCORDING TO WHAT I READ ON EBAY "Feedback cannot be edited or removed once it has been left. It becomes a permanent part of a member's eBay record and is viewable by the entire eBay community.
Members could be held legally responsible for damages to a member's reputation
if a court were to find that the remarks constitute libel or defamation..
Under federal law (the Communications Decency Act), because eBay does not censor feedback or investigate it for accuracy, eBay is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it."
EBAY WANTS A COURT TO FIND LIBEL IN ORDER TO REMOVE THE "LIAR" DEFAMATION.
THAT MEANS I WOULD HAVE TO SUE HIM AND GET A DECISION IN MY FAVOR TO GET EBAY TO REMOVE THE LIBELOUS COMMENTS.
THIS GUY HAS USED THE WORD LIAR AND OTHER INAPPROPRIATE LANGUAGE SEVERAL TIMES, ALL WHEN HE WAS LEFT A NEGATIVE FEEDBACK.
EBAY IS FORCING THIS LITIGATION TO CORRECT SOMETHING THAT WOULD BE UNECCESSARY IF THEY ALLOWED THE WRITER TO RETRACT/EDIT OUT THE DEFAMOTORY COMMENTS BY REQUESTING THEY DO SO IF HE WERE ABLE TO UNDERSTAND BY ME EMAILING HIM AND ASKING HE DO SO AND THE LEGAL REPERCUTIONS IF HE DID NOT.
WHY AM I BOTHERING ?
because it's no right to let something stand that is disparaging and let this guy feel he can do so without being held accountable. as i said there were several other comments where he called people liars and other inappropriate/childish terms in his comments. since ebay limits feedback/replies and comments to only 80 charachters, they should bar or remove a comment of liar in any dispute, unless it can be proved or disproved in under 80 charachters. most can't be except for the simple claim on an undelivered goods dispute.
if there's a delivery confirmation# or a track and confirm # and the item hasn't shown up in 30 days using the carriers tracking system and the buyer
states he hasn't received it;the seller should not be able to leave a comment that the buyer is a liar , unless the seller can show that the item was tracked to the delivery address and he can prove it with a copy of the confirmation from the carrier.
i left a negative rating but my comments stuck to the facts. i didn't receive the item and paypal reimbursed me in full .
i did not tell people not to buy from him,did not call him a liar or any other disparaging remarks.
WHAT OPTIONS DO I HAVE ?
WHAT ARE THE COSTS OF EACH IF THERE ARE MORE THAN ONE.
IF I HAVE TO LITIGATE, WILL I BE ABLE TO RECOVER ALL MY COSTS?
i'm asking for help and ways to correct the defamatory remarks. it would be easy just to drop it even though it's wrong AND HAPPENS SO OFTEN ON THE NET, AND because it's really a small issue .
i may end up doing that but it won't be because i have numerous replies saying that in the many way's it can be said.
HAVE A GOOD ONE
THANKS DAN