It's entirely possible that the guy who filed the suit is, in fact, a
used car salesman -- and that is why he took such umbrage! But no,
seriously, the comment did not violate Ebay feedback rules. I don't have
inclination to look it up, but I think there's a clause in the Ebay
User's Agreement that limits liability and essentially requires Ebay
users settle any feedback dispute within the Ebay system. So, it's
doubtful the guy even has the legal right take his bogus "defamation"
complaint out of the Ebay system an into the civil court.
Unfortunately, it looks like the defendant got himself a bad lawyer who
is looking to soak him. $7,000 bucks to defend to far? A simple motion
to dismiss should do the trick -- on the basis that there is no cause,
since the feedback was within Ebay rules and both parties agreed to
abide by those rules -- and so the suit is groundless. If the judge
didn't buy that then a counter-suit should have been immediately filed
by the defendant, claiming harassment and citing stalker laws or
something, forcing the seller to drop his harassments suit or else spend
money to defend against the harassment charge. Instead, it sounds like
the defendant's lawyer has decided to argue the case and try to prove
that the feedback was justified and not defamatory -- a very iffy (and
expensive tactic).
Richard Halegua Comic Art wrote:
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 <http://www.moviemem.com>
JOHN REID VINTAGE MOVIE MEMORABILIA
PO Box 92
Palm Beach
Qld 4221
Australia
----- Original Message -----
From: Bruce Hershenson <mailto:brucehershen...@gmail.com>
To: MoPo-L@LISTSERV.AMERICAN.EDU
<mailto: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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