Filing Lawsuit Against Customer

[meme6253]

Ebay would not take down negative feedback that was left 3 days before the deadline to resolve any issue, Since they have such disregard for hard working sellers & let customers leave slandering remarks that can effect our business, I will pursue a lawsuit against any & all customers who misuse the feedback system in this manner, So often I hear other sellers getting abused by customers this way, But we do have a defense that we can pursue outside of ebay.

[gurlcat]

Let us know how it goes!

[awesome_electronics]

My understanding is people who have sued over feedback have all lost. 

[doc-holmes]

It would be really hard to prove damages. 

[maxine*j]

Okay.  But consider that it may cost you far more in time and effort to do that than the occasional neg will cost you in lost sales. 

Remember, too, that slander is spoken and libel is written, so your lawsuit will be for libel.

In order to prevail, you must prove actual damages, and that is a very tricky thing.  That's why people who have won defamation lawsuits have been awarded one dollar:  Yes, the court is saying, your reputation was damaged -- but who can say what, if any, monetary loss you suffered?

It's possible to document specific and actual financial losses, such as specific clients who took their business elsewhere, or specific lost sales or actual reduced revenues.  But documenting losses of goodwill or reputation is often impossible, or documenting a general decline in revenues, and linking those directly to the claimed defamation?  Very hard to do. 

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[retro_entertainment_collectibles]

Sometimes too much is well.... Just too much.

[b86fiero]

Sorry this happened to you.

One of the sad things about receiving a negative feedback is the damage to your feedback percentage.  Especially damaging to small sellers who do not have the volume of sales to mitigate it.

Sometimes just one negative can lower a seller's feedback score by 4% or more leaving a once outstanding seller with a slightly above standard rating.

From what I have seen when looking to buy some items, it appears super high volume sellers can receive hundreds of negs per month yet remain top rated.

I wonder if eBay would ever consider granting low volume sellers an olive branch and allow one neg per month before the feedback percentage is lowered.  

[retro_entertainment_collectibles]

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@maxine*j wrote:

Okay.  But consider that it may cost you far more in time and effort to do that than the occasional neg will cost you in lost sales. 

Remember, too, that slander is spoken and libel is written, so your lawsuit will be for libel.

In order to prevail, you must prove actual damages, and that is a very tricky thing.  That's why people who have won defamation lawsuits have been awarded one dollar:  Yes, the court is saying, your reputation was damaged -- but who can say what, if any, monetary loss you suffered?

It's possible to document specific and actual financial losses, such as specific clients who took their business elsewhere, or specific lost sales or actual reduced revenues.  But documenting losses of goodwill or reputation is often impossible, or documenting a general decline in revenues, and linking those directly to the claimed defamation?  Very hard to do. 

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Yea well...  Like... Ya' never know... I mean I'd defer all suits be they law or not until 2025 and the election is over.  Cuz' like like like then maybe then we'll have real "El' Presidente'" and be more like a "Real Tater-chip" and that could change jurisprudence (whomever Juris and Prudence happens to be).

I've already made my plans have you?

I plan on staying close to customers in Walmart waiting for a gaseous moment then doin' the pass out action tearing down a couple floor displays atop me.  With the damages I've been thinking about maybe getting a golf-course.  I've been practicing!

[maxine*j]

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@retro_entertainment_collectibles wrote:

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...  I plan on staying close to customers in Walmart waiting for a gaseous moment then doin' the pass out action tearing down a couple floor displays atop me.  With the damages I've been thinking about maybe getting a golf-course.  I've been practicing!

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Oh, yeah, that's a plan.  I had to give up the old throw-myself-onto-the-hood-of-the-car-and-pretend-I-was-hit wheeze quite awhile ago.  Then I gave up the old slipped-on-the-wet-floor thing when I actually did slip and nearly broke my tailbone.  But I think I could just about manage that, if I picked a floor display of something soft -- you know, bath towels or plush toys or the like.  Thanks!

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[biggymoe]

Although an occasional unwarranted negative feedback is upsetting, it kind of goes with the territory.  After the initial sting wears off, it's not so bad.  In this case, if you speak with an attorney, they will tell you there is really nothing there.

[wastingtime101]

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@meme6253 wrote:

I will pursue a lawsuit against any & all customers who misuse the feedback system in this manner

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Are you seriously pursuing a lawsuit against your buyer or is this post tongue-in-cheek? I can't tell.

If only the OP was @inhawaii I would know before reading. 😂

[maxine*j]

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@biggymoe wrote:

Although an occasional unwarranted negative feedback is upsetting, it kind of goes with the territory.  After the initial sting wears off, it's not so bad.  In this case, if you speak with an attorney, they will tell you there is really nothing there.

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Or, as a trusted friend and lawyer told me many years ago:  If you have a problem, go to a lawyer last.  Until you do that, you just have a problem.  But once a lawyer gets involved, you have a legal  problem.  😄

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[albertabrightalberta]

@meme6253 

The feedback in question is the buyer's opinion of the item and his perception of your handling of the disagreement. 

IMO, this is not a lawsuit you'd win and traveling to whatever state the buyer is in to file and fight it would be throwing good money after bad. (Plus, 99.4% isn't horrible.)

This isn't to say that it's not painful to receive an undeserved neg, whether you believe it's unwarranted or even if it's well earned. Any seller who's been negged knows the pain. But to stress over it and plan lawsuits is not good for you or your blood pressure! 

[inhawaii]

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@doc-holmes wrote:

It would be really hard to prove damages. 

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I was thinking the same thing.

What is a "false" feedback worth?

[fashunu4eeuh · Accepted solution]

Took a look at your one recent negative (and one neutral) feedbacks.

With respect, i think you are overreacting to these two buyer’s comments. Why even respond to the neutral? What the buyer wrote  doesn't even make much sense, let alone seem necessary to call attention to it by leaving a comment. These are pretty tame feedbacks and hardly volitile enough to warrant the cost of pursuing them in small claims court. 

When selling online, it is quite helpful to acquire a measure of thick  skin. It’s business, not personal. These are not the kind of inflammatory and damaging reviews i have seen left by unruly customers. The neutral is not even a reflection on you. Yet you called it unfair and unwarranted as if it had. It said nothing about your description accuracy or selling ability that you reference in your response.

The negative expresses the buyer’s displeasure that, whatever the issue was, it was an apparent lack of communication that caused him to leave the comment. Buyers are not required by eBay to contact sellers before leaving a poor review in feedback. That may seem unfair, but it is the way it has always been. (It makes little sense not to contact a seller with an arising issue, but it violates no code of conduct for a buyer to go straight to feedback to express their dissatisfaction.)

Far more often, i’ve seen a seller dealing with an unhappy buyer’s negative feedback, who responds with anger, defensiveness and/or blame in their follow-up comment can do far more damage to their own reputations (and thus sales) than the actual feedback itself. Better to use that follow-up space productively by problem solving or addressing the buyer’s concerns, rather than take it as an opportunity to criticize the customer.