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Attorney Sues eBay over Negative Feedback
Mephie writes "MSNBC is running a story on an attorney who is suing ebay over negative feedback a seller left about him. It sounds like a classic case of buyer leaves negative feedback for seller; seller responds accordingly. The plaintiff claims he'd not be filing the suit if he didn't feel ebay's policy needs revision, stating 'They can control content and for them to fail to do so is unconscionable.' Yeah. That's great."
...are the best part about eBay's system. It doesn't always work, but it seems that the honest half of the honest/dishonest feedback ratio is much higher than in normal venues.
While the line may appear to be fine at times, there is a difference between libel and a simple statement of fact. If you are ripped off by someone on ebay simply document it as much as is possible. Then condense this factual information into your feedback. When you use the feedback as a tool to make statements about someone that are not provable or are a personal attack then you are veering into the area of libel or slander.
A screen name is your eBay personality. You buy and sell under that name and if you wish, participate in their online community.
There's no rule against having more than one. I, for example, am "anonymous*coward" on eBay.
Nope, exactly the opposite.
The sales tax thing is a way of putting pressure on eBay to settle; this is a classic crooked lawyer blackmail tactic (go ahead and sue me, Grace; you're a disgrace to the profession and this is the sort of barratry that would see its perpetrator disbarred in more genteel times). It's potentially far more costly to eBay than any judgment they could reasonably expect to pay for the bogus libel claim. eBay throws him a bone, he stops making noise about the sales tax, everyone signs the papers and goes home.
"Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
From: Squaretrade
You can have your negative feedback removed as part of an arbitration process, IF both parties agree and pay $20.
Q. What circumstances will eBay will consider removing Feedback?
A. In limited situations eBay may remove feedback without a ruling or settlement agreement from SquareTrade. See eBay's Feedback Removal Policy for more information.
eBay will remove feedback after filing a case with SquareTrade in two situations.
1) Feedback can be removed after you file a case with SquareTrade and there is no response to your case filing if:
-At least 14 days have passed since you filed your case;
-The feedback was left less than 90 days prior to this case filing;
-All necessary case notices were sent to the respondent and SquareTrade received no response either online or by email;
-Filer used the same item # and eBay IDs as recorded in the feedback record (note that a separate case must be filed for each item #); and
-The item bought or sold must not violate the marketplace policy.
2) Feedback can be removed after you file a case with SquareTrade and receive a response from the other party if:
-You have obtained the help of a SquareTrade Mediator;
-Both parties agree to the removal in a Settlement Agreement;
-The item bought or sold must not violate eBay marketplace policy; and
-All other terms of the mediated settlement have been completed.
{Note: there is no time limit to resolving problems - feedback can be removed through mediation even if more than 90 days has passed.
You said he quote 18.00 for S/H but it only cost 8.00 for shipping. Unless the auction in question said 'buys pays actual shipping charges' he did not cheat you. Charging a lot for S/H is not cheating.
Looking at this clown's feedback, this looked like this was how he got his jollies. Usually used "buy it now" so that the seller wouldn't have a chance to remove the bid.
So I filled a non-paying bidder complaint, and a request to have the feedback removed. Ebay not only removed the feedback (mine and his), they suspended the idiot's account, and refunded the fees on the auction, all within 36 hours of my complaint. Sure Ebay has a few hoops to jump through but they dont make it needlessly hard. If this lawyer really thought the feedback was wrong and it was going to cause him harm he should have gone through things the right way and not run off to court. Heck he could have hired an arbitrator for $20 and gotten it removed.
This guy (Roger, not Robert, by the way) uses the ID rgrace@metnews.com.
You can view his feedback profile at http://cgi2.ebay.com/aw-cgi/eBayISAPI.dll?MfcISAPI Command=ViewFeedback&userid=rgrace%40metnews.com&i tems=25
They'll get my encryption algorithm when they pry it from my cold, dead hard drive.
Besides, the important part is the way the buyer has tried to rig the suit to get the government of California on his side:
In other words, if that provision of the suit had already been in effect, when I bought that pair of speakers from somebody who turned out to live here in the same county in North Carolina, California would have gotten some of the money even though North Carolina didn't collect any sales tax on the deal. Then again, if you have to register with the state of California just to buy something off of eBay, it might be a good time to unload your eBay stock.
I see even classic Slashdot is now pretty much unusable on dial up anymore.