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Ebay hit me with "feedback extortion" violation because seller doesn't know how to pack a comic book

I ordered a copy of AMS #797 Ed Mcguinness variant early last week. At the time, $20.99 with free shipping was an above average price. I chose a seller who had 100% selling feedback and all good feedback. I received the item yesterday damaged because the seller was clueless about how to properly pack a comic book. He crammed it into a near paper thin undersized envelope, wedged with one piece of cardboard and two pieces of tape. In addition to the damage the post office did (damadge that wouldn't have occurred had it been packed right) the book was previously read as the lower right cornere can't be closed and is curled, the only way that can happen is by having it bent back for a prolonged period. I emailed the seller, asked for a replacement copy (he still has plenty) to which he would only offer a return. I said I didn't want a return so I left bad feedback because this person wouldn't even admit fault, that he didn't pack the item properly.  Not admitting fault means this person is going to sell his stock using the same packing methods, and I was a dissatisfied customer so I left bad feedback. Immediately after he gets on the phone with ebay and tells them I tried to extort him through feedback. Ebay sent me a violation notice of "feedback extortion". Nowhere in my emails to this person do I demand anything whatsoever of this seller, in fact I over emphasized the fact that the ball was in his court, whatever he wanted to do was fine, but if all he was offering was a return instead of replacing the tiem when it is within his means, honestly I considered it a bad experience and would give feedback reflecting that. I called ebay and asked the consumer rep how they came to this determination, she told me that they ran the emails through the system, and because the word "feedback" showed up in the emails in no specific context, it was considered a violation. Nowhere in the user agreement or any information ebay provides does it state consequrnces for specific keywords used in a consumer dispute conversation.  I am seriously considering putting a case together and suing ebay in my local court, because they not only removed my bad feedback as a result of the violation, they continue to allow other customers to be vulnerable to buy from this seller,  unaware of his shoddy packing which will definitely result in more damaged items. Just giving a heads up to the community here as well regarding ebay's ridiculous criteria in determining violations. 

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Ebay hit me with "feedback extortion" violation because seller doesn't know how to pack a comic book

In the sellers original listing for the issue, did he state the flaws in the description? And no other buyers had any issues with him as far as the feedback is concerned? Not even a neutral feedback? Being a seller for awhile, I have been lucky with the post office delivery of my comics to my buyers. But unfortunately, we put our trust in them to properly handle our packages with care and sometimes that is not the case. When you say return, was he offering you a refund or just to return the damaged comic to him? Did you send him a picture of the comic after you received it? I don't know if suing ebay in court is the right path for paying $20.99 for a variant edition ASM #797.  But for that price, it should have been protected better. Good luck. 

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Ebay hit me with "feedback extortion" violation because seller doesn't know how to pack a comic book

I believe any lawsuit you file would have to be in California, where ebay is based.

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Ebay hit me with "feedback extortion" violation because seller doesn't know how to pack a comic book

Packing does look skimpy.
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Ebay hit me with "feedback extortion" violation because seller doesn't know how to pack a comic book

Hey lol, sorry it took so long to respond. Ebay removed the "extortion" charge, but wouldn't allow me to leave feedback. My only consolation is that this seller days later received 3 more negative feedbacks about the same thing pretty much that I was. I held onto the book, didn't want any more aggravation. As long as a heads up is given by someon e about poor packing I'm happy.

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