Internet libel-How to proceed?

[lrs]

I need to know how to proceed with the following: I live in New Jersey. I sell items on Ebay. I sold a sterling silver bracelet (no question that it was sterling silver) to a woman in Washington D.C. Without first contacting me to express her displeasure with the item or request a refund (which I would have had no problem with) she posted this negative comment in my Ebay feedback file for all to see: "THIS IS TRUELY (sic)A PIECE OF JUNK---TOTAL PLASTIC!!!" It was definitely not plastic. (BTW, according to the bid history she bid on this at the last minute). This false and undeserved comment is now a part of my Ebay feedback record for all to see. As I have a stellar record with my customers and no other negative comments, this comment unjustly libels me and my good name, and may cost me business in the future. Ebay will accept a valid court order for the removal of this negative remark. How do I go about obtaining this court order? Can I do it without suing the other party? If I must sue, can I proceed with this as we are in different states? What specifically should I sue for? Again, what must I do to obtain a valid court order? Thank you for any helpful replies and advice.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. So I offer the following to you as merely guidance and information, not to be construed as forming an attorney-client relationship.

What you have here is definitely a new and emerging civil wrong called internet libel, even website defamation, etc. Because it hurts you directly in your profession, it might be libel per se, which means in a court of law you do not have to prove your actual monetary damages.

That being said, it may be a good idea to sue her and because you two are in different states and it has to do with an internet incident, it will in all likelihood go to a federal court.

Read the defamation sections on freeadvice.com (if you have not already done so) and then I suggest contacting (perhaps through attorneypages.com) an attorney wise in the ways of defamation and freedom of speech rights.

Hope this helps you!

 

[Tracey]

In the mean time, post a response to her comment and put negative feedback in her profile. This will limit the impact of her libel.