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Our first amendment rights and freedom of petition Feedback for Sellers

eBay uses the right to the first amendment freedom of speech for buyers however sellers have no rights. A buyer can post positive negative or neutral feedback regardless of content which can include Negative feedback when the seller follows every rule delivers in a timely manner and the buyer receives a perfect item. He is entitled to an opinion regardless of what the seller does or how he performs. Sellers who do nothing wrong can often get unprotected scathing Feedback, literally for no reason. On the other side of the coin sellers are not permitted to their freedom of speech they are edited to the extent of only being permitted to leave positive feedback. Our first amendment makes it clear that all of us are permitted to free speech. In all fairness eBay is prejudiced against Sellers.

     eBay does not allow free speech to sellers they encourage a position of defensiveness when scathing unfair feedback is left. No one needs to see comments back and forth. This becomes an ignorant and childish and waste of time and is in no way helping the seller or others. 
   Sellers need the right to freedom of speech and the right to say exactly how the buyers  act towards them. 
There  is a rash of  buyer Bullying, eBay defends their buyers It has little to do with our right as sellers to free speech,  it has to do with money. eBay protects its buyer and gives them these rights to keep them buying. 
   There is no question that this is a prejudiced policy. As Congress and the Supreme Court try to sort out the first amendment (and this has become a huge issue) eBay chooses to side with one party the buyers and permit those buyers to abuse the sellers. 
I am working on a petition to ask Congress to make laws that keep freedom of speech in play. Sellers need to express what buyers have done in the same way buyers get to express what sellers have done. It is against eBay policy for any buyer to request the seller to change his listing. Buyers that ask for discounts, when they do not receive them, use the Feedback system as a retaliation. This marks the reputation of a seller who has no way of telling others what this buyer has done. This needs to be what I am calling a fair fight. 
eBay encourages buyer bullying and rather than allow sellers to point out that eBay messaging was used before a transaction took place. He is not permitted to mention this in feedback to the buyer. 
as a longtime seller I feel the need to level the playing field. I want my right if freedom of speech as it is clearly unfair to allow buyers to rant without reason. I want that same ability my freedom of speech is violated. 
feedback is a one way system that encourages buyers to say whatever they wish. Why don’t sellers have the same rights? 
I am working with a group to draft a petition to Congress to explore user prejudice on the internet. Either all of us have the same rights or sites that clearly block those rights should be deeply fined. Our Country seems to going down a rabbit hole allowing prejudice and  defamation as a fair game on the internet. However this is a on e sided game developed to hurt one specific group Internet sellers. Anyone who wants to help me with the petition respond I’ll get back periodically.

Message 1 of 32
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31 REPLIES 31

Re: Our first amendment rights and freedom of petition Feedback for Sellers

I'd try and get them to open a return so I could offer them a partial refund, informing them that I do all my refunds inside returns that they can accept or deny. Then offer $1 dollar discount. If they deny it, have to be willing to accept it back. If it isn't in same condition then I give less refund back, but the feedback would most likely be removed.

 

That person needs to go back to Mercari.

 

Mercari please reverse your decision on charging the buyer the fees. I don't want your haggle buyers here.

Message 16 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

Your First Amendment Free Speech Rights are alive and intact as intended.  You are free to say exactly what you want to your family, friends, neighbors and the person in line behind you at the Piggly Wiggly.  Using a third party to publish your words in public may be slanderous and infringes on that 3rd party (eBay).  

Message 17 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

Long story made short:


Unfortunately we as sellers would be ill advised to fight this, instead I may suggest taking this opportunity to show off customer service skills in the sense that even when everything is going down the drain we don't lose our enthusiasm.

Thus I might reply to their negative as follows:

 

Thank you so much for your business. I am sorry we could not come to an unilateral agreement that pleases both of us. I am also sorry if my tone offended you as I do not recall being in an ill mood that day, but if I was please I ask you accept my apologies. Thank you again, and have a pleasant day.

 

 

 

 

Message 18 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers


@toysaver wrote:

Your First Amendment Free Speech Rights are alive and intact as intended.  You are free to say exactly what you want to your family, friends, neighbors and the person in line behind you at the Piggly Wiggly.  Using a third party to publish your words in public may be slanderous and infringes on that 3rd party (eBay).  


Slander is verbal; LIBEL is written. Plus the odds of anyone suing over dumb remarks made of them on Ebay are slim to none - and Slim just left town.

Message 19 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers


@eburtonlab wrote:

Feedback has become extremely Jejune. It's an antiquated feature that's lost all it's usefulness. In my opinion FB should go the way of the news media "comment section".

 

Seller feedback is still extremely useful for buyers deciding whether or not to make a purchase from a particular seller. When examined properly, seller feedback can tell a story about what kind of seller the buyer is dealing with.

 

While any seller can get an undeserved negative from a disgruntled buyer, buyers can readily note patterns of feedback problems, or else spot a lack of feedback for selling similar items and avoid a lot of potential pitfalls and scams.

 

Buyer feedback, on the other hand, serves no such purpose. With the exception of offers, sellers can not choose to initiate transactions with specific buyers.


Sounds like it was from ebay's handbook.  The validity of such an argument is debatable.

Message 20 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

You lost me at, "eBay uses the right to the first amendment freedom of speech..."

Message 21 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

Thing is....................  we don't know if the seller did or did not have an attitude that day.

Message 22 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

touché.....

Message 23 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

The real issue is that buyers request things not part of your listing  If you read eBay policy it is against policy to ask for anything not in the listing which clearly includes bullying the seller to reduce a price. When you refuse to change your listing and refuse to discount they leave NEGATIVE feedback. The FEEDBACK is deliberate and harmful as the seller does all the right things he delivers the goods in a timely manner and the buyer gets the item only he must pay the price the seller asks. These buyers are Bullying sellers and living Negative feedback for not discounting their items. So buyer clearly violates eBay policy  which states the following.

"

What should I do if I think a buyer is making an unreasonable demand?

You're not required to agree to any extras or changes from the terms of your listing. If a buyer is making demands that are not a part of your original listing, you will be protected from negative feedback and defects when you either deliver the item purchased by the buyer according to the original terms of your listing, or cancel the transaction.

To help us identify buyers who are engaging in unacceptable buying behaviors, please report the abusive behavior.

We encourage you to communicate politely and professionally with the buyer.

 

 

 Clearly, once a buyer sends a message through eBay messaging asking for a change in price The seller does not have to agree to any change in his listing.. If that buyer then gives NEGATIVE FEEDBACK as a result of his unacceptable buying behavior eBay promises to remove Negative feedback once the item is delivered or if the transaction is canceled. 

 

The problem is eBay uses a bot to determine the validity of the FEEDBACK making this clearly published promise Un-enforceable  This also encourages buyers to threaten or give Negative feedback just because they can  This of course is in response to the refusal to change the terms. 

 

It is a case where buyers get free speech and sellers get  reamed. 

 

Message 24 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

 

 

What should I do if I think a buyer is making an unreasonable demand?

You're not required to agree to any extras or changes from the terms of your listing. If a buyer is making demands that are not a part of your original listing, you will be protected from negative feedback and defects when you either deliver the item purchased by the buyer according to the original terms of your listing, or cancel the transaction.

To help us identify buyers who are engaging in unacceptable buying behaviors, please report the abusive behavior.

We encourage you to communicate politely and professionally with the buyer.

 

 

 Clearly, once a buyer sends a message through eBay messaging asking for a change in price The seller does not have to agree to any change in his listing.. If that buyer then gives NEGATIVE FEEDBACK as a result of his unacceptable buying behavior eBay promises to remove Negative feedback once the item is delivered or if the transaction is canceled. 

 

The problem is eBay uses a bot to determine the validity of the FEEDBACK making this clearly published promise Un-enforceable  This also encourages buyers to threaten or give Negative feedback just because they can  This of course is in response to the refusal to change the terms. 

 

It is a case where buyers get free speech and sellers get  reamed. 

 

Message 25 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

REPORT that buyer for making demands.

For some......It seems wisdom has been chasing you, but you have always been faster.
Message 26 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

Or if the buyer purchased and then tried to get some money back. I've encountered that a few times.

Message 27 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

One bad feedback out of almost a thousand and it's suddenly a constitutional crisis? Feedback rules haven't changed in years...

Message 28 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

Yes my response was simple “ I do not discount listings everyone gets the same price. Thank you for your interest.” 
I do not see a tone but this buyer does this to many sellers it is certainly abusive and has nothing to do with tone. Buyers abuse the system regularly but sellers can not leave feedback for buyers It is a very unfair system one way system where only one side is allowed to post abusive comments on the others feedback. 
it is not worth responding to. He used foul language on his original comment and as eBay refused to remove that I asked for a revision. 

Message 29 of 32
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Re: Our first amendment rights and freedom of petition Feedback for Sellers

@nightowlgallery ,

 

I wouldn’t consider the comments left by the buyer a reaming. The buyer is just expressing their opinion which is what feedback is for. 

As a seller you should take the feedback as learning lesson. No one is perfect and one negative feedback is going do anything in my opinion.

Message 30 of 32
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