Is this slander/defamation/libel or Restraint of Trade?

[Hershon]

What is the name of your state? California

I bought and paid for an item on Ebay but got into a "pissing contest" with the seller that was reflected in the Feedback we both gave each other. The reason I'm posting is this subforum, is, even though the transaction was a purchase by me, the seller made deliberate disparaging remarks about me as a Seller on my Ebay Feedback when I had never sold him anything. He used the words "contact me before you buy from him". As he had no experience with me as a seller and the feedback was on a transaction I made as a buyer from him, is this allowable by law? Obviously if someone reads his Ebay remarks, they will have second thoughts of buying from me or if they contact him he will give disparaging remarks on me as a seller even though he never dealt with me as a seller. Ebay refuses to remove his wording. Do I have any kind of case and if so, what would you recommend? I consider this restraint of trade amongst other things.

 

[quincy]

From what you describe, this is not slander/defamation/libel or restraint of trade. It's a "pissing contest". You gave him your opinion, he gave you his. Nothing illegal about that.

 

[Hershon]

How Can He Give His Opinion on Me As a Seller Though

This is where you lost me. How can he give his opinion on me as a seller as he has never bought anything from me as a seller. An Analogy: If someone had a next door neighbor who was a doctor who they didn't like as a person but was never treated by his capacity as a Doctor, could they put in say a forum on doctors or health care that people should talk to him first before they received medical care from the Doctor? Likewise, if he then tells anyone who contacted him, that the guy is a lousy Doctor even though he has never been treated by him.

 

[Just Blue]

This is where you lost me. How can he give his opinion on me as a seller as he has never bought anything from me as a seller. An Analogy: If I had a next door neiighbor who was a doctor who I was never treated by as his capacity on a Doctor, could he put in say forum on doctors or health care that people should talk to him first before they received medical care from me? Likewise, if he then tells anyone who contacted him, that the guy is a lousy Doctor even though he has never been treated by him.

People are entitled to their opinion even if their opinion is idiotic.

 

[Hershon]

But isn't it defamation if it is not based on fact? IE, I tell someone who is interested in hiring a person for a job requiring good references, that so and so was a lousy worker at xxxx Company even though I had no knowledge to make that statement and the person wasn't hired because of that? So we're talking about knowingly making a false statement about someone to cause harm to their well being.

In regards to restraint of trade, isn't making an untrue statement or implication that will cost a person money, restraint of trade?

 

[The Occultist]

Opinions are protected by the first amendment of the constitution. Only information presented as facts can be challenged in a defamation suit. From what you've said, this person has not presented any information (correct or incorrect) as a fact about you, so there is no defamation that has occurred.

 

[seniorjudge]

What is the name of your state? California

I bought and paid for an item on Ebay but got into a "pissing contest" with the seller that was reflected in the Feedback we both gave each other. The reason I'm posting is this subforum, is, even though the transaction was a purchase by me, the seller made deliberate disparaging remarks about me as a Seller on my Ebay Feedback when I had never sold him anything. He used the words "contact me before you buy from him". As he had no experience with me as a seller and the feedback was on a transaction I made as a buyer from him, is this allowable by law? Obviously if someone reads his Ebay remarks, they will have second thoughts of buying from me or if they contact him he will give disparaging remarks on me as a seller even though he never dealt with me as a seller. Ebay refuses to remove his wording. Do I have any kind of case and if so, what would you recommend? I consider this restraint of trade amongst other things.

Go to Google.

Type in define: defamation

Press ENTER

Read the entries.

Then type in define: libel

Read the entries.

Then type in define: slander

Read the entries.

When you have done this, please post back with your apologies for wasting our very precious time.

 

[Hershon]

You're a class act. I can see why you're very popular with the opposite sex.

 

[quincy]

Read a restaurant review or a movie critic's column. That's opinion. It is neither true nor false. Could a restaurant review make someone decide not to go to that restaurant? Absolutely. The same with the review of a movie (in fact, I had plans to see the Jesse James film, but decided against it because of the reviews I've read).

If this eBay seller says mean things about you, people have a choice of whether to believe him or not. Can it affect your sales? Possibly. But free speech isn't always speech one wants to hear.

 

[Hershon]

But for the final time, how is he entitled to state anything about my ability as a seller when he hasn't bought anything. So he's knowingly making a disparaging remark about me on something he knows is not true. If you think that is OK, then is it also OK to tell a woman her husband is having an affair when you don't know if he is or isn't or tell people in a community that someone has AIDS when you know that is not true.

 

[Hershon]

In regards to Quincy. A reviewer eats in a restaurant. He is not happy with the meal. But instead of writing a review of the meal, he writes a disparaging column on the restaurants business practices even though he has not dealt with the restaurants business practices. You consider that a legitimate opinion?

 

[You Are Guilty]

But for the final time, how is he entitled to state anything about my ability as a seller when he hasn't bought anything. So he's knowingly making a disparaging remark about me on something he knows is not true. If you think that is OK, then is it also OK to tell a woman her husband is having an affair when you don't know if he is or isn't or tell people in a community that someone has AIDS when you know that is not true.

You need to review the differences between 'opinion' and 'fact'. That will answer your questions.

(Is English not your first language?)

 

[Hershon]

Thanks you are so helpful and such a source of great wisdom.

 

[quincy]

Hershon, in Post #3 you gave an example of a next-door neighbor who is a doctor. If I live next door to a doctor who I don't like, and you ask me what I think of him, I can tell you that I don't like him and I can tell you that you should go see a different doctor. I can say I think he would be a horrible doctor to see. I can say any doctor would be better than him. And I can say all of this based on the fact that this doctor wears spandex bicycle shorts and I happen to hate spandex bicycle shorts.

Is my opinion of the doctor a valid one? Sure. To me. It is my opinion of him as a doctor based on his fashion sense, whether I have ever had him as a doctor or not. My opinion does not have to make sense to you or to anyone else. He may be the very best at what he does. But I won't go see him. And I can recommend that you don't go see him. You can choose to take my advice and not see him, or you can take the advice of everyone in the medical community who thinks he's great. They are all opinions, and everyone is free to have them and to say them. And others are just as free to ignore them.

And ignoring the comments made by this eBay seller is what would be best for you. There is no defamation lawsuit you could bring successfully against this guy, judging from what you have posted here. But you are certainly welcome to contact a lawyer in California for some good solid legal advice you can trust.

 

[Hershon]

Thanks Quincy for your advice even if I don't completely agree with it. My beef really is more with Ebay then this guy. I understand what you are saying in your example though I don't really agree or agree with it as 100% true. Example, the guy who lives next door to the Doctor tells perspective clients of the doctor "He gave me lousy medical treatment" when in fact none
was given. Or "His patients have all left him" when there is nothing establishing that. The bottom line though is, law suits are too expensive to pursue!