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Ebay negative feedback

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suheaven

Junior Member
What is the name of your state? CA.

I would like to get some legal feedback on the following:

I purchased a 50lb bag of whey protein from All the Whey on 01/04/05. After receiving the product on 01/14/05, I found out (the hard way) that the product was not consumable, it was highly acidic and salty. Whey protein is tasteless and non-acidic/salty. Usually, I consume large amounts of protein (example: 6 lbs a week). I have used whey protein (unflavored) for the last 6 years and never experienced this problem. I contacted the company on 01/15/05 and discussed the problem with the owner (Domenic Tricome). After discussing the problem, Mr. Tricome informed me that he would send a shipping label in order to send the product back and give a full refund (including the shipping). Also, the auction, states "100% Money-Back Satisfaction Guarantee." On 01/17/05, Mr. Tricome informed me that there was a change of plan and that he only wanted 1 lb of protein powder to perform testing. Two weeks later, on 01/28/05, I contacted Mr. Tricome to follow up on the shipping label and he informed me that the label was not probably shipped yet. He informed me that he would have someone re-send the shipping label. To this date (02/06/05), I have not received the shipping label or my full refund. On (02/02/05) I filed a claim with Paypal and left negative feedback for the ebay transaction. The negative feedback was stated as, "protein was highly acidic/salty; owner didnt keep his word on refund arrangement." Mr. Tricome followed with, "refund when get sample back for file: giving $177: all 1,000 buyers OK but him." Yesterday, 02/05/05, I sent a 2lb sample to Mr. Tricome at my own expense and sent an email to inform him of the delivery. Today, I received the following from the owner.

"Our attorney tried calling you Friday, and got a woman who didn't know you. What's the number of your lawyer? He's going to contact you Monday.

Friday, we paid the $2,500 retainer for the injunction. If you're not in Federal Court, Phila., PA, next week, you'll lose, and have to pay the $2,500. Then, the court will have eBay remove the negative feedback and award us actual and punitive damages. We'll deduct the refund.

Our attorneys contacted your DA Friday, because your libel is meant to do harm."

Does this individual have any merit or is the owner trying to scare me into removing the negative feedback?

Thanks,
Mike
 


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pogo_80

Member
Mike, don't worry about it. First, why would they contact the DA's office?? Leaving negative feedback on Ebay is not a criminal offense! After having my own problems with being threatened with a libel suit, I've learned from numerous readings that libel is in no way tried in the criminal courts, it's a civil action. It sounds like you have every reason to leave negative feedback. If you want to take a step further, I would contact their local Better Busines Bureau. I've gone this route before against a contractor who put a shoddy roof on my house. After the BBB contacted them about my complaint they were here within a week to replace it. If you don't mind me asking..how much did you pay for the protein?
 
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suheaven

Junior Member
Thanks for the feedback. Actually, I filed a case with the Better Business Bureau last Thursday. Also, I have contacted the FDA, so that they can analyze the protein. If the acidity and sodium are outside of the normal variance, they can perform a further investigation on the owner. Once I received the owner's email (today), I was a little nervous at first. After reviewing the feedback I left, I felt comfortable knowing that I didn't write anything which wasn't true or derogatory. I am really shocked that the owner is trying to shaft me for a small sum of money. The amount of the transaction was $177.

Thanks again,
Mike
 
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pogo_80

Member
First, where is the libel or defamation he's claiming? He's the one that advertised 100% Money Back Satisfaction/Guarantee and didn't make good on his word. I see no defamation in your negative feedback. Plus, where is the intent or malice on your part? The only lawsuit I see here is you taking him to small claims court and winning. Keep us informed what happens, this is interesting.
 
T

Ted Bosley

Junior Member
I Strongly Disagree

I was doing research for a case for my boss.

I'm sorry, but I see the opposite side winning easily. Why isn't everybody being cautious? An individual, who has to come to a free online site, can get steamrolled by a company, who sounds pretty angry.

I see several problems:

1. You were basically going to make $177. I understand that you don't like the product, etc. When it comes to dairy, this country has it under a microscope. I highly doubt that this product is bad. Everything that is dairy is tested like it's the plague, literally. It's probably something that's in the acceptable range, which you probably don't like. Dairy products are like that. I can't tell you how many times the same yogurt tastes different to me.

You can send the FDA anything you want, but do you have the money to fight appeals of test methods; you being accused of tampering with the evidence; the tests themselves?

2. You didn't give them enough time to respond. They say that they sent a label a few times. Why couldn't you give them more time? You admit that there was communication. Looking at their feedback, you are the only one that has a negative feedback out of over 700; and it looks like they just started on eBay.

3. You're naming the company and person in a public forum again. Not smart. I would immediately remove the other party. Don't let your anger get the best of you.

You should never take on a company in a public forum, unless you are 100% right. Even then, I wouldn't. What do you have to gain? The down side is a lot. It looks like this company does a lot on eBay, and they are not going to be messed with.

One thing that worries me is they are being very specific. They gave the exact scenario for an injuction.

If I were you. I'd back out of this quickly. What are you trying to accomplish? It sounds like they were going to give you the reimbusement, but you got angry and posted negative feedback. They probably have money to burn, and they may come after you. They'll throw lawyers at the BBB, and they have case law on their side.

There have been cases that are criminal if the intent is to injure. The malice is the negative feedback, a serious thing on eBay. It sounds to me that you want to hurt that guy.

If I were you, I'd grovel if I have to. This isn't my real name. The firm I work for has clients that take apart people for sport. You literally have done the exact opposite that lawyers I know would have told you.

Good Luck
 
B

BelizeBreeze

Senior Member
Well Ted, you can disagree as strongly as you wish, but based on the principles of Libel and case law, you have no leg to stand on. Now, would you like to state the exact statutory authority or case law which would give this company standing to sue for anything.

I'll be waiting.
 
H

Hypnotist

Junior Member
Go to the online auction forum at this site. These guys are professional eBayers and will have excellent advice on how to deal with this person.

BTW, the individual who earlier in this thread warned against using company names in a negative context need only look at ABOUT A MILLION FORUMS where Dell, Microsoft and countless others are lambasted 24/7/365. See this site for a taste... and these guys work/worked for Dell. ;)
 
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sumofthem

Junior Member
Allthewhey.com is now supplementmarket.com

Phila. PA

allthewhey.com was the name on Ebay - now they are supplementmarket.com
 
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sumofthem

Junior Member
I will soon update that post of mine but:

alltheway.com and its ratings are no longer on Ebay at all and supplementmarket.com claims to be a new member since June 05 -

They have the same principals running the businesses - they've escaped their ratings!

The originating post in this thread mentions February 05 - in 4 months allthewhey.com is gone off Ebay and supplementmarket.com is on.

Well I'm wrong - allthewhey.com is there, too - searched Ebay for "all the whey" and there their other name is.
 
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