There is a person in Australia who responds to criticism by sending out
threatening solicitors letters. He is regularly faced with threats of disputes
through govenrment agencies where it only costs a small amount to start a
claim. He often responds by taking separate legal action nearly always against
people who dont have the money to defend. Although it might be a bluff, it
usually scares the hell out of people and they withdraw their comments and stop
causing trouble him. He really is a nasty piece of work.
I have heard of other eBay sellers using similar tactics in sending out
threatening solicitors letters to buyers or starting legal action in the hope
that negative feedback will be withdrawn.
Website: www.moviemem.com
JOHN REID VINTAGE MOVIE MEMORABILIA
PO Box 92
Palm Beach
Qld 4221
Australia
----- Original Message -----
From: Richard Halegua Comic Art
To: JOHN REID Vintage Movie Memorabilia ; MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Tuesday, April 13, 2010 8:04 AM
Subject: Re: [MOPO] Florida man sued for $15k over negative eBay remark
yes they can and this is where the real kind of tort reform is needed. Not to
protect corporations, hospitals, doctors and insurers from being sued (or
reducing what can be won in such suits), but making those who sue anyone at
anytime responsible for the costs of the other party when they lose
automatically (as opposed to having to come back suing for costs & possibly
losing after the original case has been resolved). That would end the type of
frivolous lawsuit by that asshole lawyer
by the way.. if you look at the comments on the article, you will see someone
who left a comment (that has been deleted) by the moniker "eccentrk"
I have no doubt that is MoPo's own, the lovely Andrea who lives in Florida
Rich
At 02:55 PM 4/12/2010, JOHN REID Vintage Movie Memorabilia wrote:
I agree with you. However, if a seller who has the inclination, time and
money, wants to take legal action over negative feedback they can make it very
difficult and costly for the buyer irrespective of who is in the right.
Website: www.moviemem.com
JOHN REID VINTAGE MOVIE MEMORABILIA
PO Box 92
Palm Beach
Qld 4221
Australia
----- Original Message -----
From: Richard Halegua Comic Art
To: JOHN REID Vintage Movie Memorabilia ; MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Tuesday, April 13, 2010 7:44 AM
Subject: Re: [MOPO] Florida man sued for $15k over negative eBay remark
true John
but I really don't think myself that "Bad seller; he has the ethics of a
used car salesman." really goes past the line.. if so, ebay would have removed
it
I think it's clear the seller is a moron just by looking at the way he
handles ebay anyhow (I accept feedback, not important enough for me to leave
feedback) and the # of negs he has a seller..
At 01:57 PM 4/12/2010, JOHN REID Vintage Movie Memorabilia wrote:
Very interesting. This is not the first time this has happened. eBay
warns buyers to be factual and not use emotive language when leaving feedback
and there is a good reason for that. There have been many times when buyers
have left themselves open to law suits by going over the top with their
negative comments.
Website: www.moviemem.com
JOHN REID VINTAGE MOVIE MEMORABILIA
PO Box 92
Palm Beach
Qld 4221
Australia
----- Original Message -----
From: Bruce Hershenson
To: MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Monday, April 12, 2010 8:30 PM
Subject: [MOPO] Florida man sued for $15k over negative eBay remark
Fla. man sued for $15k over negative eBay remark
The Associated Press
CAPE CANAVERAL, Fla. -- Can posting your opinion on eBay cost you in
real life?
So far Michael Steadman has spent $7,000 for his, and he isn't yet
done defending himself in a $15,000 defamation lawsuit brought by the man who
sold him a reportedly defective time clock.
Steadman bought the clock for $44 in 2008, and said it arrived in
three pieces that didn't fit together or even seem to be the same model. He got
a refund through PayPal's buyer protection plan and sent the merchandise back,
but wanted other potential buyers to beware.
So on the profile of emiller1313, he wrote: "Bad seller; he has the
ethics of a used car salesman."
Steadman thought that was the end of it until a process server
arrived with a court summons.
It turned out that emiller1313 was a Miami Beach lawyer, and he
wanted damages for ruining his 100 percent customer approval rating and
"commercial reputation."
"The laws don't work for us. Because I don't have the money to fight
them, I'm losing," Steadman said. "It's not right. I'm speechless."
Steadman recently lost his lawyer in the Miami-Dade County Court case
because he ran out of funds.
Seller Elliot Miller said in the lawsuit the time clock was "plainly
offered for sale with the following language: 'we can not give you any
guarantees and must offer it on an as-is, where-is basis only.'"
Steadman said he joined eBay about six months earlier hoping to find
bargains for his new welding shop. He thought he lucked out on the time clock,
which he said Miller advertised as tested and proven to work.
Now, he says, "I warn everyone that goes online not to leave
feedback."
Read more:
http://www.miamiherald.com/2010/04/11/1574322/fla-man-sued-for-15k-over-negative.html#ixzz0ksez4H4E
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