Online Defemation

[Shadoe]

What is the name of your state? New Jersey

If you participate in online auctions which contain feedback, can someone sue you for defemation of character if you post feedback that turns out to be untrue? The feedback is not listed on the (victim) party's user ID and it does not say the persons real name. It states that the feedback is untrue and retaliation.
I am being told you can sue for this because it is in essence saying the person who holds that User ID is a liar? These online auction feedback forums use User ID's, not personal names. Also, the (victim) party feels he/she has been publicly "damaged" although bidding is still taking place without prejudice.

Also, if feedback is posted from NJ about a user in say, Ohio, where would a complaint be filed if one can be?

Thank you

 

[Shadoe]

My Own Answer

Just in case anyone is wondering, I spoke with my Prosecutor today and you cannot sue someone for Defamation, Libel or Slander, for posting incorrect or false feedback about you on an online auction forum. Once you register for that online auction you agree to take part in the "feedback forum" which means you agree to have comments posted about you, whether true, false or incorrect. At least in New Jersey you can't.

 

[meganproser]

Defamation

You can sue someone for defamation anytime they have told an untruth about you, which is serious enough to subject you to contempt, hatred, or ridicule.

I would consider it a given that when you agree to accept feedback, you are referring to legitmate, honest comments.

Having said this, I would suggest you do some research (all of the information you need is free on the net) on the elements of proving a defamation case, along with the type of damages you would be entitled to.

I am not a lawyer and these comments are not intended to advise you on any point of law.

 

[Shadoe]

According to a Prosecutor (prosecuting attorney who has been prosecuting criminal cases and trying civil cases for a great many years, you cannot sue in a case like this.

 

[meganproser]

I don't doubt that you were advised against taking any action in your own case Shadoe.

I just wanted to make sure that someone else who read your comments, would not think that because they signed a "feedback" agreement, others can come on line and use the feedback thing to make false, damaging, outrageous lies about another person.

One other thing. The jurisdictional questions that come up in situations like this, are stumping even the best of attorneys. The one place you would be sure you could safely sue the person, is wherever they have been writing from.

Other than going the safe route and suing the defendant on his own turf, the details and requirements which allow other choices, boggle the mind. They boggle my mind anyway!

 

[Shadoe]

I wasn't advised against it, I was advised that in the particular situtation that there was no legal recourse. It simply could not be done. I also consulted a very good well known attorney, who would take a case at the drop of a hat for the retainer, and he said it couldn't be done either.

If someone posted lies that were so outrageous and stated your real name (at least in this state), then you might have a case. But disagreeing with someone's feedback and saying so does not qualify.

And yes, when you sign up you agree to take part in the feedback forum, whether good, neutral or negative. You also agree to allow users to post their feelings about their dealings with you.

Forgive me, I did not think anyone with half a brain would read the post and think they had the right to launch personal attacks on bidders and sellers through the feedback forum. In the same token, everyone who receives a bad feedback cannot immediately go out and sue the person posting it.

 

[meganproser]

Now I see what you are saying.

>It states that the feedback is untrue and retaliation.
I am being told you can sue for this because it is in essence saying the person who holds that User ID is a liar?

You really lost me in that first paragraph and somehow I thought you were the victim.

>If someone posted lies that were so outrageous and stated your real name (at least in this state), then you might have a case.

Just for your information. You can be held liable for defamation, regardless of what name you used for the victim, even if you didn't use any name, if one person who reads your posts, understands who you are referring to.

>But disagreeing with someone's feedback and saying so does not qualify.

It all depends on how you said so. As long as your comments did not include any serious falsehoods, there is no problem.

>And yes, when you sign up you agree to take part in the feedback forum, whether good, neutral or negative. You also agree to allow users to post their feelings about their dealings with you.

Agreed. But there are limits on what others can say about you and mostly, those limits involve sticking to things that are true.

>Forgive me, I did not think anyone with half a brain would read the post and think they had the right to launch personal attacks on bidders and sellers through the feedback forum. In the same token, everyone who receives a bad feedback cannot immediately go out and sue the person posting it.

I guess you don't realize that there are more than a few people on the net who lack even half a brain. Launching personal attacks is a regular activity on the net and there are way too many people who think they can say anything they want because they have freedom of speech, or that they are safe as long as they don't call their victim by name.

Maybe I'm just extra cautious, but I'd rather qualify something than take a chance on leaving people out there with half of the story on an issue.

 

[Shadoe]

I guess everyone has their opinions, but you "not being a lawyer" and the fact that I spoke with a Prosecutor and Lawyer (actually a couple lawyers in passing) I would take their professional opinion over a non-legal profession opinion. I don't mean that to sound crude, just to say that having several legitimate legal opinions (both prosecutorial and defense) makes your opinion just that, your opinion. Everyone has an opinion, it doesn't always mean they are right.

Yes, I was the so called "victim". I just used the states as an example because to be quite honest I didn't remember during the post where the accused party was from.

I am done posting on this matter. Thanks for the input though.
Have a nice night