eBay Feedback Libel Lawsuit

[nebulous88]

What is the name of your state? GA

Hi all,

I orginally posted this in the libel forum but now realize that this one is better suited to my dilemma.

I am based in GA. I recently listed an old version of TurboTax on eBay. I listed it with a description of "TurboTax Federal". Mistakenly (because of copying and pasting) in the description, there was a reference ot TurboTax State. The buyer contacted me and asked if this was TurboTax Federal or State. I told him it was Federal only but that I would e-mail him a downloaded version of TurboTax State that I purchased online for that tax year. I did this after the buyer purchase the software for $29 + $3.85 for shipping on 04/03/05.

However, the buyer is from MD and unbeknown to me, the download of TurboTax state that I sent it was only good for GA. The buyer then told be that he wanted $15 from me to purchase TurboTax state for MD or to return his purchase. Because of his private profile on eBay (which allows you to hide your feedback from others), I suspected that he had copied the software and wanted to return it and told him that I did not accept returns. The buyer said that he will address this issue with eBay and Paypal (eBay's payment mechanism).

I did not hear from this person for about 3 weeks. I then noticed that on 04/28/05 he posted negative eBay feedback for me stating:

"Seller doesn't know what he's selling. Learn more about your items B4 you sell."

I replied to this with "Notice his profile is private. Tries to buy sofware, copy it, then return. Sad!"

The buyer then contacted me on 05/07 stating that he wanted me to produce an email from him justifying my reply or the reason why I posted this reply. He said that I had 30 days from 05/07 to do so or I will face a lawsuit. I replied to his email simply with "It is obvious what you are trying to do here." I also contacted eBay and asked them to remove my reply but got a response stating that this cannot be done unless it is an "extreme" cirucstamce e.g. court ordered. I forwarded the buyer a copy of this request to eBay and will forward eBay's response to him. I am considering closing my eBay account as this will remove my profile and the reply to the feedback that the buyer left me. I've kept all of the e-mails related to this incident.

I suppose that I was naive in this matter. Does this person have a strong case against me for libel?

Given that we are in different states, if he filed a suit against me would it have to be in federal court? If he did so in the MD court system, can I request that the choice of law be GA? Should I look into hiring an attorney?

Thanks

 

[janedoe23]

You said it yourself you made a mistake you should be more than happy to accept a return. Its not a case of an item that doesn't fit so now he wants to return it.

This buyer probably won't file a suit because his traveling expenses would far exceed $29. If he paid with Paypal he can file a claim and state that he did not recieve what was auctioned. You would then have to prove your case.

Give the buyer his money back and pay the $3.85 to ship it back.

 

[JETX]

Given that we are in different states, if he filed a suit against me would it have to be in federal court?

No. For several reasons, one of which is the amount, the matter does not meet federal requirements.

If he did so in the MD court system, can I request that the choice of law be GA?

You can request anything you want.... but if the plaintiff can provide valid venue justification to the MD court (and I think he can), the case would be heard there.

Should I look into hiring an attorney?

Of course you can.... but why not just refund the money to this guy... for far less than an attorney will charge you.
Realize that you are at fault here (both in the sale AND in your post to his ebay account), swallow your ego a little bit and refund the buyers money. This is NOT worth the ordeal you could face.

 

[nebulous88]

at this point, i will give him his money back and let him keep the software at this point.

since the offensive comment was a reply to his negative feedback on MY profile, i've made my profile private so nobody can see the comments. i asked ebay to remove my comments but they said that the comments did not meet the removal criteria. so i asked ebay to close my account. i'm awaiting verification of this from them.

i have not heard from the buyer again and am afraid that contacting him will incense him.

 

[janedoe23]

at this point, i will give him his money back and let him keep the software at this point.

since the offensive comment was a reply to his negative feedback on MY profile, i've made my profile private so nobody can see the comments. i asked ebay to remove my comments but they said that the comments did not meet the removal criteria. so i asked ebay to close my account. i'm awaiting verification of this from them.

i have not heard from the buyer again and am afraid that contacting him will incense him.

I don't understand how a mistake you made was then turned around to make this buyer look like a scammer. IMO you got the feedback you deserved. Closing the account over 1 feedback is nonsense but then again that is entirely up to you. You don't have to communicate with him to return his money. If it was Paypal just hit that Refund button at the bottom of his payment page, if it was check or money order then I would mail him a MO with the item # on his part of the MO along with the reason it was refunded. Make sure you get a copy of it and keep the stub off the MO. There is a number on there that you can call and check on it to see if he has recieved the MO and whether or not he has cashed it.

 

[gjs8806]

Ok legally he can sue you for making false claims towards his reputation(feedback) on ebay. You claiming that he copied software which you had no evidence that he did. For the feedback thing, if i were you I would register with square trade. They are a thrid party company and they resolve issues like this and can have feedback removed. Ebay will not remove feedback unless it is fraudulent. Closing an account over 1 negative is stuipid