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Suing For Negative Feedback A Profitable Activity?

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oaktree99

Junior Member
I live in Texas and have been sued by an Ebay seller in another state for negative feedback I gave. The seller's attorney filed the complaint in small claims court in the seller's state. The complaint is that I intentionally and knowingly made false statements about the seller, causing loss of business, the dollar amount, not surprisingly being for the small claims court limit.

I spoke with the seller's attorney. They would settle for several thousand dollars. The attorney reasons that it would cost me that much to hire an attorney and travel to the sellers state just to defend myself. The attorney further justified that this is what others that they sued actually did pay.

I didn't agree with the settlement terms. I asked the attorney what was false about my negative feedback comment. The attorney could find nothing false or derogatory about my statement. That seemed to matter little. The point was my feedback was negative, a minus, not a zero, or a plus. As we looked at the seller's ebay feedback together, each of us on our own computer while on the phone, I pointed out some other recent negative feedback. The attorney commented that we are suing them too.

The seller's feedback we were looking at showed that the seller had a large percentage of positive feedback, but got negative feedback, about a half dozen times in the past month, 3 times that in the past 6 months, and a few dozen times in the past year. It also shows almost 3 dozen mutual retractions. Common in the negative feedback were complaints of seller bullying, libel lawsuit threats, harassing phone calls from the seller. You definitely get the feeling the seller is trying to draw those giving negative feedback off sides.

How can this seller afford to do this kind of thing? It strikes me as dishonest, and on the attorney's part unethical. Surely, he is well aware what his client is doing.

They aren't going to win this case, and they know it, but it could cost me to defend myself. Do you have any advice for defending myself at a minimal cost? Is there a criminal or ethics issue? Can I find out from the court or some other source how many such suits the seller filed in small claims court this past year?

In one sense, it is appalling that this kind of thing can go on on Ebay, but as has been well documented elsewhere, they will do nothing but send useless replies to any complaint. Ebay encourages honest feedback left to guide other buyers. The fine print on the seller's auction site, in so many words, says that freedom of speech doesn't include negative feedback. Is some kind of class action suit too far fetched here?What is the name of your state?
 


PBinOhio

Junior Member
Let me state up front I am not a lawyer.

Have you attempted to contact E-bay themselves?

See: http://pages.ebay.com/help/policies/feedback-ov.html

Can you prove the allegations that you left in your neg. What were the conditions that led to you giving a neg.? Did you attempt to resolve the dispute prior to filing the negative feedback?

It appears he using extortion to pump up his number, which is against policy. Make contact with E-bay. Given this man's history he may find himself at the bottom of E-bay's legal foot.
 

oaktree99

Junior Member
Yes, I did talk to Ebay, and they were absolutely no help.

My comment wasn't much of an allegation. I pointed out additional shipping charges. The seller reply said they were clearly stated on the auction site. My follow up said that I thought buyers would want to know.

I know this sounds trite, but the actual text isn't any sexier. I can prove the attempt of the seller to charge the additional fees I spoke of.

Yes, I did contact the seller before the feedback. He took a hard stance.
 

racer72

Senior Member
My opinion, base on myself being a long time Ebay seller, you are in the wrong. Just because you did not like the way the seller posted his shipping is a very lame excuse for a negative feedback. If you didn't like the shipping charges or the way the seller did his shipping, you should not have bid on the item.

From a legal standpoint, you can tell the guy to go pack sand. Unless he plans on domesticating the judgment in Texas, his out of state judgment is worthless.
 

oaktree99

Junior Member
Now, that's interesting. I live in Texas. The seller lives in another state, for example, Pennsylvania. His attorney files a lawsuit in small claims court. I get a notice to respond and appear in several months. How do I get out of this? Do I call the court and tell them I live in Texas, never been to Pennsylvania? Surely you aren't suggesting I ignore the court notice?
 

oaktree99

Junior Member
I appreciate the comments. This thing about the out of state judgment being worthless, sounds unequivocal and without qualification. Help me understand why that is such a sure thing.

If it is that sure, certainly every attorney would know and understand. Isn't it unethical for an attorney to file this kind of lawsuit, and then negotiate settlement with the defendant?

How can I find out how many times the seller (plaintiff) has filed this type of suit, probably in the same small claims court, over the past year?
 

BelizeBreeze

Senior Member
How do you know this letter came from an attorney?

DID the seller have the shipping posted on the sale listing?

What state exactly is the suit to be filed?
 

oaktree99

Junior Member
How do you know this letter came from an attorney? I got a letter from the small claims court in PA and called them.

DID the seller have the shipping posted on the sale listing? The sale listing computes the shipping, which I paid through paypal. I was only allowed to select shipping method. The site and paypal figures the amount. The seller canceled my paypal transaction and e-mailed me an invoice for freight higher than computed by his site, and for additional handling charges.

The site does discuss shipping charges, but it isn't clear, and I thought the sellers shipping calculator would handle the computation correctly. Looking at the feedback, quite a few others made the same error.

My comments made no accusations concerning the seller, but cautioned other buyers that their is a charge in addition to what the freight calculator provided.

I suppose it would be clearer if I posted the exact feedback interaction, changing the names to buyer and seller, but I am new to this and don't know how this works.

What state exactly is the suit to be filed? See above.
 

longneck

Member
The sale listing computes the shipping, which I paid through paypal. I was only allowed to select shipping method. The site and paypal figures the amount. The seller canceled my paypal transaction and e-mailed me an invoice for freight higher than computed by his site, and for additional handling charges.
this sounds like a perfect reason for negative feedback. "seller has required the use of paypal to calculate shipping costs. however, the rules that seller entered do not match the rules in the auction. seller should either fix the rules or disable the shipping calculator."
 

oaktree99

Junior Member
I appreciate the support, but I don't want to get too far off track here. I am wondering about the legal issues, not whether the seller deserved negative feedback.
 
I appreciate the support, but I don't want to get too far off track here. I am wondering about the legal issues, not whether the seller deserved negative feedback.

Well Racer72 answered your question from a legal standpoint. The seller would have to sue you in Texas. That's probably why the "attorney" tried to get you to settle...hoping you wouldn't know that information. He can't file in PA and you have you go there. That wouldn't make sense.

I would ask him(just for the sake of asking since this is 100% pure bs) to prove how your negative feedback caused him to lose thousands of $$.....
 
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cepe10

Member
Now, that's interesting. I live in Texas. The seller lives in another state, for example, Pennsylvania. His attorney files a lawsuit in small claims court. I get a notice to respond and appear in several months. How do I get out of this? Do I call the court and tell them I live in Texas, never been to Pennsylvania? Surely you aren't suggesting I ignore the court notice?

Now that you've been served, You are going to have to respond. If you don't a default judgement may be granted against you which could then be transferred.

Call the bar referral service in pa and see if they can give you someone for a modest fee...

http://www.acba.org/index.html

You may be able to file a motion to dismiss on your own but it is a bit dicey...
 

oaktree99

Junior Member
Is it possible to find out how many other lawsuits the seller has filed in the past year for this same thing? Aren't lawsuits public record?
 
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