Re: [MOPO] Florida man sued for $15k over negative eBay remark
one of the comments was totally spot-on: * http://www.miamiherald.com/personas?plckUserId=16438a567cd30f994738299afbc4ad85-1535851insiteUserId=16438a567cd30f994738299afbc4ad85-1535851PatrickT wrote on 04/12/2010 08:36:46 AM: As an ebay buyer, emiller1313 has received great feedback from sellers who deal with him. Feedback on 301 transactions, all positive. But as a seller...42 items of feedback, 2 negative including the one mentioned in this article (that may not sound bad to an outsider, but rightly or wrongly, on ebay a rating below 98% as a seller is seen as a warning sign to buyers. There's a lot of grade inflation in the process, and negative feedback is often successfully removed, so when it sticks, as here, almost 5% of the time, it's definitely unusual. But emiller1313 is not himself quite the king of feedback. His trading partners have left him constructive feedback on a total of 343 transactions. But he himself has only ever bothered to leave feedback on a total of 6 transactions. All as a buyer, all almost five years ago or more. Since clearly emiller1313 thinks the feedback process and information it may provide to future buyers and sellers is extremely unimportant, I wonder that he's so sensitive about his own feedback score. If everyone left feedback as rarely as he does, no one would ever be able to build up a feedback score of 330 as himself enjoys, courtesy of the good ebayers who have transacted business with him. I checked.. and the commentor is 100% correct. emiller1313 is obviously a troll Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
Re: [MOPO] Florida man sued for $15k over negative eBay remark
A good lawyer would take up Steadman's cause and go after emiller1313 for a numbef of of legal abuses. On Apr 12, 2010, at 3:30 AM, Bruce Hershenson wrote: 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 Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
Re: [MOPO] Florida man sued for $15k over negative eBay remark
...There's a lot of grade inflation in the process... That's one way of saying that !! A++ simply translates as the transaction was completed satisfactorily. :) -Steve Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
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: http://www.moviemem.comwww.moviemem.com JOHN REID VINTAGE MOVIE MEMORABILIA PO Box 92 Palm Beach Qld 4221 Australia - Original Message - From: mailto:brucehershen...@gmail.comBruce Hershenson To: mailto:MoPo-L@LISTSERV.AMERICAN.EDUMoPo-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#ixzz0ksez4H4Ehttp://www.miamiherald.com/2010/04/11/1574322/fla-man-sued-for-15k-over-negative.html#ixzz0ksez4H4E Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
Re: [MOPO] Florida man sued for $15k over negative eBay remark
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 Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
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: http://www.moviemem.comwww.moviemem.com JOHN REID VINTAGE MOVIE MEMORABILIA PO Box 92 Palm Beach Qld 4221 Australia - Original Message - From: mailto:sa...@comic-art.comRichard Halegua Comic Art To: mailto:johnr...@moviemem.comJOHN REID Vintage Movie Memorabilia ; mailto:MoPo-L@LISTSERV.AMERICAN.EDUMoPo-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: http://www.moviemem.comwww.moviemem.com JOHN REID VINTAGE MOVIE MEMORABILIA PO Box 92 Palm Beach Qld 4221 Australia - Original Message - From: mailto:brucehershen...@gmail.comBruce Hershenson To: mailto:MoPo-L@LISTSERV.AMERICAN.EDUMoPo-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#ixzz0ksez4H4Ehttp://www.miamiherald.com/2010/04/11/1574322/fla-man-sued-for-15k-over-negative.html#ixzz0ksez4H4E Visit the MoPo Mailing List Web Site at www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com
Re: [MOPO] Florida man sued for $15k over negative eBay remark
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
Re: [MOPO] Florida man sued for $15k over negative eBay remark
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 Visit the MoPo Mailing List Web Site at www.filmfan.com http://www.filmfan.com ___ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at
