Defamatory and Baseless Ebay Feedback

[vegebald]

What is the name of your state? California

According to Ebay's Feedback policy, anyone who has suffered retaliatory negative feedback is stuck with it unless you obtain a court order. Ebay will not remove an undeserved negative or neutral feedback unless you sue the feedback issuer for libel or defamation of character and obtain the court order

I have suffered such a retaliatory negative feedback from an Ebay Seller because I (generously) issued a neutral feedback for a VCR purchase that the seller handled very irresponsibly. The seller responded by issuing a retaliatroy negative feedback, which ruined my perfect score of 100% that I've worked hard to maintain over the 5 years I've been on Ebay.

I intend to sue as I surprisingly have substantial legal experience for a layman (I've got over 50 judgements under my belt thanks to my 4-year university pre-law degree). I am capable of writing a complaint and filing it in superior court, but I can't get Ebay to provide me with the name and address of the seller. How do I force Ebay to give me this information? I assume I'll have to sue Ebay first. The seller lives in Chicago and I live in Los Angeles, and I will sue in Chicago and state my case by mail, as this is a rather elementary cut and dried case. Can you give me advice for suing Ebay first to get the information I need? What do I sue them for? Or do I just prepare a subpoena for information? The seller only accepts Paypal as payment, so I can't find her info on her invoice. What monetary damages can I ask for from the seller? I assume I can only ask for legal costs of filing and service, but I sure wish I could bump this up so that I could include punitive damages for the fraud, the libel, and the defamation of character.

By the way, before I sue the seller, I will serve her with a "Notice of intent to take Legal Action" in the visual form of a lawsuit that will perhaps scare her enough that she will willingly remove the feedback without a suit. I know that this kind of letter in this visual form is not appropriate for attorneys but that is the beauty of being a layman...I can get away with it.

I know you probably think this is a minor occurrance and I'm just "sweatin' the small stuff" but I was very proud of my feedback rating. EBAY REALLY NEEDS TO GET SUED BECAUSE THEIR POLICY REGARDING FEEDBACK IS SIMPLY RIDICULOUS...I will NEVER again issue negative or neutral feedback because there is simply nothing to prevent retaliatory negative feedback in return! What value, then, does their feedback system have? how can you trust it? If you can't trust the feedback, then isn't Ebay partially responsible for the fraudulent sellers and scam artists that are ripping buyers off?

 

[Zigner]

What is the name of your state? California

According to Ebay's Feedback policy, anyone who has suffered retaliatory negative feedback is stuck with it unless you obtain a court order. Ebay will not remove an undeserved negative or neutral feedback unless you sue the feedback issuer for libel or defamation of character and obtain the court order

I have suffered such a retaliatory negative feedback from an Ebay Seller because I (generously) issued a neutral feedback for a VCR purchase that the seller handled very irresponsibly. The seller responded by issuing a retaliatroy negative feedback, which ruined my perfect score of 100% that I've worked hard to maintain over the 5 years I've been on Ebay.

I intend to sue as I surprisingly have substantial legal experience for a layman (I've got over 50 judgements under my belt thanks to my 4-year university pre-law degree). I am capable of writing a complaint and filing it in superior court, but I can't get Ebay to provide me with the name and address of the seller. How do I force Ebay to give me this information? I assume I'll have to sue Ebay first. The seller lives in Chicago and I live in Los Angeles, and I will sue in Chicago and state my case by mail, as this is a rather elementary cut and dried case. Can you give me advice for suing Ebay first to get the information I need? What do I sue them for? Or do I just prepare a subpoena for information? The seller only accepts Paypal as payment, so I can't find her info on her invoice. What monetary damages can I ask for from the seller? I assume I can only ask for legal costs of filing and service, but I sure wish I could bump this up so that I could include punitive damages for the fraud, the libel, and the defamation of character.

By the way, before I sue the seller, I will serve her with a "Notice of intent to take Legal Action" in the visual form of a lawsuit that will perhaps scare her enough that she will willingly remove the feedback without a suit. I know that this kind of letter in this visual form is not appropriate for attorneys but that is the beauty of being a layman...I can get away with it.

I know you probably think this is a minor occurrance and I'm just "sweatin' the small stuff" but I was very proud of my feedback rating. EBAY REALLY NEEDS TO GET SUED BECAUSE THEIR POLICY REGARDING FEEDBACK IS SIMPLY RIDICULOUS...I will NEVER again issue negative or neutral feedback because there is simply nothing to prevent retaliatory negative feedback in return! What value, then, does their feedback system have? how can you trust it? If you can't trust the feedback, then isn't Ebay partially responsible for the fraudulent sellers and scam artists that are ripping buyers off?

What damages can you prove?

 

[racer72]

Ebay feedback is way overrated and not worth a plug nickel. It has no value what so ever and will make no difference to others whether you are buying or selling. You can leave a comment for the negative feedback, do that and get on with your life. My feedback rating is over 1000 and I have 5 negatives and I couldn't give a rat's ass. The negatives have never hurt my business and never will.

 

[seniorjudge]

Standard eBay answer:

eBay is an example of pure capitalism; it is regulated by market forces only.

If you can't play with the big dogs, stay under the porch.

 

[averad]

Sticks and stones...

 

[larryjbro]

BS answers

1. To find out who the person is: wait for them to list something and bid on the item. Once you bid you can request their "contact information" That will give you a name and phone number and city and state. (sites like Intelius will take it from there)
2.You do not have to go to Chicago. The feedback was viewable in California. (there are cases like that already)

 

[BelizeBreeze]

1. To find out who the person is: wait for them to list something and bid on the item. Once you bid you can request their "contact information" That will give you a name and phone number and city and state. (sites like Intelius will take it from there)
2.You do not have to go to Chicago. The feedback was viewable in California. (there are cases like that already)

This answer is so laughable I can't even begin to understand how you came to it if you are anywhere close to sane.

 

[larryjbro]

Nope, not sane, but, been there, done that.

 

[BelizeBreeze]

Nope, not sane, but, been there, done that.

then keep being there and doing that. Because your answer is a joke.

Or would you like to tell this poster under what theory of law the California courts could claim personal jurisdiction over the seller who just happens to live in Chicago, which, the last time I looked, was more than 1,800 miles from california.

 

[2901bruce]

What is the name of your state? California

According to Ebay's Feedback policy, anyone who has suffered retaliatory negative feedback is stuck with it unless you obtain a court order. Ebay will not remove an undeserved negative or neutral feedback unless you sue the feedback issuer for libel or defamation of character and obtain the court order

I have suffered such a retaliatory negative feedback from an Ebay Seller because I (generously) issued a neutral feedback for a VCR purchase that the seller handled very irresponsibly. The seller responded by issuing a retaliatroy negative feedback, which ruined my perfect score of 100% that I've worked hard to maintain over the 5 years I've been on Ebay.

I intend to sue as I surprisingly have substantial legal experience for a layman (I've got over 50 judgements under my belt thanks to my 4-year university pre-law degree). I am capable of writing a complaint and filing it in superior court, but I can't get Ebay to provide me with the name and address of the seller. How do I force Ebay to give me this information? I assume I'll have to sue Ebay first. The seller lives in Chicago and I live in Los Angeles, and I will sue in Chicago and state my case by mail, as this is a rather elementary cut and dried case. Can you give me advice for suing Ebay first to get the information I need? What do I sue them for? Or do I just prepare a subpoena for information? The seller only accepts Paypal as payment, so I can't find her info on her invoice. What monetary damages can I ask for from the seller? I assume I can only ask for legal costs of filing and service, but I sure wish I could bump this up so that I could include punitive damages for the fraud, the libel, and the defamation of character.

By the way, before I sue the seller, I will serve her with a "Notice of intent to take Legal Action" in the visual form of a lawsuit that will perhaps scare her enough that she will willingly remove the feedback without a suit. I know that this kind of letter in this visual form is not appropriate for attorneys but that is the beauty of being a layman...I can get away with it.

I know you probably think this is a minor occurrance and I'm just "sweatin' the small stuff" but I was very proud of my feedback rating. EBAY REALLY NEEDS TO GET SUED BECAUSE THEIR POLICY REGARDING FEEDBACK IS SIMPLY RIDICULOUS...I will NEVER again issue negative or neutral feedback because there is simply nothing to prevent retaliatory negative feedback in return! What value, then, does their feedback system have? how can you trust it? If you can't trust the feedback, then isn't Ebay partially responsible for the fraudulent sellers and scam artists that are ripping buyers off?

I wouldn't sue. I would go to an attorney & have him write the seller/Ebay with the threat of legal action. Then contact ebay & via Ebay resolution, you should both have your feedback mutually withdrawn - then continue with on your with your lives. Ebay is a great place to buy - I've been a member for years - until there is a problem. Then they are USELESS!