Slander and feedback rules - go after Ebay?

[Brian Braib]

What is the name of your state? MD buyer in TX

I received bad feedback (0 score) on my first ever Ebay sale - comment :
"never send item and still waiting stole money and would never use him bad deal!"

This was from a first time buyer, probably a minor, on an inconsequential sound card that totally ignored the ebay warnings about making sure, parcel delivery takes up to two weeks, and contacting seller and working it out. He did all that immediately after posting his feedback and found out that I had shipped the same day I got his (prepaid) check but since it was a $16 card I sent parcel post and it took 9 days to get there with a Federal holiday. So he emails me 5 minutes after his feedback (he sent this 7 days after I shipped but 2 days before he got it) and calls me several hours after that (I used my name in username so he could get my home phone)

So I am sitting with a libelious comment and it appears there is no feasible recourse to remove the comment. Per Ebay rules only the scores can be removed and then by mutual consent. I tried to initiate a mutual withdrawal (I gave him excellent feedback for prompt payment before he trashed me)
but he has not agreed so I initiated the process anyway - if he doesn't agree within 30 days the ratings stand. The comments - both his and mine, stay no matter what.

Even if I counter it the comment will stay as my initial sale so perhaps I am dead on Ebay and will forever live with being called a thief - even if the perp would agree to retract it this is not allowed.

I need a court order to get it removed. So are there any options here or just chaulk it up to failure because some kid won't or can't read directions and was impatient/negligent. Threatenting to sue a person in Texas from afar in Md is a non starter I know but there should be some way to push him or his guardians to do the right thing - even a simple apology would have me feeling better and not trying to think how there should be some cost to him if there's a cost to me; and that cost should be higher if there is no cooperation.

If the kid or his parents (can I find out by sending registered mail?) are uncooperative in not agreeing to mutually withdraw the rating - or provide statements countering the initial statement, can I get a court order in Texas rather cheaply - and charge costs/damages to the party that made me get it? Would it be feasible to pursue an action in small claims court in MD if the kid agrees to retract both the rating and the slanderous comment

What I really want to do is get the slanderous comment out of the public domain - and there appears to be no reasonable way to do it and no consequence to the individual or his guardians that slandered me and no reasonable way to go after Ebay for a patently unfair policy on comment feedback. Plus it does make me angry to have to spend so much time and effort in this situation. I am probably flaming the fires.

Their answer - counter it in the 60 or so character spaces we give you.

If it makes any difference I have real good records of the phone calls/emails/timing

 

[BelizeBreeze]

First of all, no one on this site gives a damn about you and e-bay. We've heard enough of this crap to last two lifetimes.

And second, if you had done a search on this site BEFORE you asked this stupid question, you would have found the answer and not embarrassed yourself.

 

[Brian Braib]

First of all, no one on this site gives a damn about you and e-bay. We've heard enough of this crap to last two lifetimes.

And second, if you had done a search on this site BEFORE you asked this stupid question, you would have found the answer and not embarrassed yourself.

Why would you waste other people's time with such a vile reply? I did scan the entire forum's titles and did not find the answer. Your reply certainly did not provide it. Please use self restraint by staying off this thread and let others reply. I don't care if I don't hear back from anyone else, but if its you, I will just ignore the reply.

Regarding the embarasment statement, perhaps you feel I am embarrased but in my mind that has to come from within - not outside, and I am not embarassed at all in my mind. I hope my response has gone a little way towards embarrasing you, with your childish and off-topic reply. However, as I noted, that feeling must come from within. Perhaps you are too blind to feel it. Regardless, don't reply to me or this thread please.

If this is a moderated forum and if the moderator agrees with Belize hot air's points, then please lock this thread as I would like an answer to my question and not a flame war (as I mentioned above any other replies I make on this thread will only be related to my question and not off-topic, even if others pick up where Belize left off on his rant)

 

[divgradcurl]

I need a court order to get it removed. So are there any options here or just chaulk it up to failure because some kid won't or can't read directions and was impatient/negligent. Threatenting to sue a person in Texas from afar in Md is a non starter I know but there should be some way to push him or his guardians to do the right thing - even a simple apology would have me feeling better and not trying to think how there should be some cost to him if there's a cost to me; and that cost should be higher if there is no cooperation.

You are not going to get a court order for this, so just forget about it. eBay is a private company, and they can set up whatever rules that they want for their website. Besides, you are going to have to travel to wherever the court is in order to try and get an order anyway -- that cost alone (which is not recoverable) will far outweigh the $19 sound card...

Besides, you mention that you are a new seller -- its not like you've got years of feedbacks that you would lose if you simply changed your userid to something else. That would certainly be a lot easier and cheaper that trying to get a court order.

eBay has their own rules, and a court is not going to tell eBay how to run their company. If you don't want to play by their rules, play somewhere else.

 

[Brian Braib]

Thanks -I guess they offer that option as they realize it will rarely be feasible.

And my mistake for using identifiable id

 

[divgradcurl]

I admit, it's unfortunate that eBay has chosen this hard line when, as in your case, you are the victim of bad feedback when you didn't really deserve it. But look at it from their point of view -- if everytime someone had a bad feedback they could simply complain to eBay and make it go away, then what would be the point of feedback? If eBay were to really investigate each complaint, they would have to hire a staff of thousands, or have a ten-year waiting list. And if they didn't investigate, how do you determine which complaints are valid, and which are really scammers trying to get rid of bad feedback in order to be able to keep scamming people?

And finally, what about the other guy's point of view -- maybe he really was disappointed with the transaction. Is it fair to dismiss his appraisal of the transaction? If you can only post bad feedback for the true scammers, what about all of the lazy people who do, finally, complete a transaction, but take weeks or months to do so -- how could you reasonably let others on eBay know that yes, you'll get your merchandise, but you won't care anymore by the time it arrives?

Just a couple of thoughts.

BTW, ironically, the use of your real name as an ID would actually make it EASIER to sue the guy for defamation if that were appropriate, since on eof the factors you have to prove in a defamation action is "of and concerning" -- basically, you have to prove that the defamation applies to you, and that others know it. With a random or cutesy user ID, it can be pretty hard to prove that other people would recognize that the defamation was about you personally.

However, there isn't a defamation action here, because even though you can prove "of and concerning," if the statement is opinion (even though the facts are wrong), there is probably no defamatory statement, and you haven't really suffered any damages.

 

[Brian Braib]

Thanks good to know but I was not really thinking of suing him no matter what. I was curious on the court order route especially if the buyer was ready and willing to go along but would not have spent any significant sum to get such an order.

In the end I was just upset that he didn't even consider the messages he got to contact me before leaving negative feedback and the fact that there's no way to retract. He probably was just oblivious - but did manage to call and email me right after he posted feedback perhaps remembering the cautions he had just read but ignoring the ahead of time aspect.

Since I had previously left positive feedback there is no downside for him. However, I did reply to him that since he slandered me and (I assume from actions and text he is a minor) that since his parents are legally responsible for actions of a minor he should tell them of this situation. Maybe they will chastise him.

 

[concerned citiz]

Why would you waste other people's time with such a vile reply? I did scan the entire forum's titles and did not find the answer. Your reply certainly did not provide it. Please use self restraint by staying off this thread and let others reply. I don't care if I don't hear back from anyone else, but if its you, I will just ignore the reply.

Regarding the embarasment statement, perhaps you feel I am embarrased but in my mind that has to come from within - not outside, and I am not embarassed at all in my mind. I hope my response has gone a little way towards embarrasing you, with your childish and off-topic reply. However, as I noted, that feeling must come from within. Perhaps you are too blind to feel it. Regardless, don't reply to me or this thread please.

If this is a moderated forum and if the moderator agrees with Belize hot air's points, then please lock this thread as I would like an answer to my question and not a flame war (as I mentioned above any other replies I make on this thread will only be related to my question and not off-topic, even if others pick up where Belize left off on his rant)

Ebay has some detractors who have been also sending out nonsense such as 'your account has been suspended' when it has not. In fact, I got another one just a couple of dsys ago. But yesterday really took the cake. An innocent would-be buyer was notified that I had sold him a cell phone for (get this!) five hundred dollars.
The laughable thing is, I don't even use a cell phone, and thetre is no cell phone WORTH five hundred clams.

I contacted hte member and assured him it was not originating from me, but ewas identity theft.

I also contacted EBAY management, letting them know of the hoax.

Don't let this rattle you.
Please contact hte admin at EBay first, tell them the problem, and they will work towards a satisfactory soliution for you.

Take care :O)
Concerned

 

[Brian Braib]

Thanks - but I've just made my feedback private and the Ebay review just confirmed I don't meet their retraction criteria because my name was not in the comment itself. I will just discontinue using Ebay. As others have correctly noted I had not built up any history and I'm not going to start from where the feedback is now.

Reason I was really posting here isto see if there was a low cost way to get a court order (that's one of the approved ways) but I need to stop tilting at windmills