Negative eBay Feedback? Sue.

October 27, 2008 By Digital Trends Staff

Negative eBay Feedback? Sue.

An eBay seller has threatened to sue a buyer for libel after negative eBay feedback was left following a purchase.

As anyone who’s used eBay’s feedback system knows, it’s not perfect, but neither is it rocket science. If you’re happy with the item and service, you can say so, and if you’re not, you can let the world know. But now a UK seller is threatening to take a buyer to court for libel after receiving negative feedback, claiming it’s hurting his business.

Chris Read bought a Samsung mobile phone from Joel Jones, who trades on eBay as “Onsalexuk.” However, he was far from happy with the item, and in his feedback claimed it was “scratched, chipped, and not the model advertised.”

He returned the phone and received a full refund. Normally, that would be the end of the story, with everyone walking away from the affair. But Jones contacted Read, asking him to retract the feedback. Read refused, saying it was both honest and fair, and not written maliciously.

After that, Read received a letter asking him to a sign a statement that his feedback had been incorrect or else face a possible court action for libel, which could result in paying court costs as well as lawyers’ fees.

Jones defended his action by saying:

"If you don’t like the goods then you get a full refund. Surely that is great customer service and deserves positive feedback. I’m losing money by the day and my business could go under because of it. I’ve been left with no option but to take legal action and I’m sure I’ll be successful."

It does highlight the change in eBay feedback policy, under which buyers can criticize sellers, but not the other way round, although the company urges those with disputes to use the company’s mediation to settle their problems.

In this case, that’s not going to happen, according to Vnunet. Read has refused to sign, and appears willing to go to court.

Showing 4 comments

anotherbody at 6:54pm 2nd April 2011 eBay actually makes money and holds sellers hostage in doing so by their DSR rating and 20% discount they lose if they get a couple of negatives and low DSRs. If a buyer feels they did not get what they expected and was explained and shown, they should contact the seller even if they have no return policy, explain their case and concern and look for a resolution from the seller. If they are provided one, and they still go ahead and leave a Negative, it just shows that such buyer is basically equivalent of someone who enjoys making someone else suffer for no reason and therefore what is done by them is in fact Malicious and Libelous and any college kid with a couple of Logic courses in his or her pocket, or for that fact any one with a functioning mind should be able to convince a peer of 12 Jurors that the buyer is but a Malicious person , and that they should pay for the harm they incur on others for no just reason and maybe just then, the next time they don't. Buyers like that, should be banned from eBAy. and one more thing, eBay just dished out this crap to make the unhappy buyers spend their time biting sellers legs and poor sellers that are honest and hard working would really be the only victims, while eBay makes another extra 20% on their rear end. In the mean time bad and poor sellers do not really give a damn about the negative feedback and change names and operate under someone elses name if there is any reprocutions taken against them. Do not put fear in sellers. Sue the bastards. Sue eBay for creating and promoting this nonsense also. Actually eBay should be the one that takes over between buyer and seller when there is an issue and come to a true and fair resolution but we already know they are not capable of doing that.
helen at 2:49am 12th January 2009 good
PedsMedic at 11:08am 8th November 2008 I am experiencing something the same. I sold an item and the buyer turned and left negative feedback stating that the item was not as described and we were slow to ship it. When in fact the item was described exactly the way the publisher of the book describes the product and we shipped it to her the day she paid by the service she choose and paid for. But now we must live with the feedback and the buyer will not discuss the issue stating that there is none. Ebay just turns a blind eye to the issue.
LAWALKER at 9:59pm 2nd November 2008 I concur with the seller and am most recently having a similar problem. I never sold lots before and I mis-understood the listing prompt asking me to state the total quantity. Well, I certainly found out whatv that meant. It meant big trouble. It meant that I made a few people upset. I immediately refunded everyones money that I could tell that I owed and there was 1 buyer outstanding that I paid the following day. I shared my dumbness each buyer and most were just happy to get the money back with my pitiful story, but there is always 1. Now, to further complicate the matter when I knew I had over sold the items I wrote this 1 buyer and said I would ship half of his order, this was before I knew the depth of my problem. I had already shipped what I thought I could give him. So, I refunded all of his money through Paypal, becuase it was the same day that he had paid, Paypal reflected a refund in his account with a teporary hold status. The buyer left a negative comment calling me a scam and a crook, and telling future buyers and sellers not to trust me. I was sick. A scam, a crook, but you did not lose any money, gee whiz.

I notified Ebay and they sadi they understood how I must feel but their policy was to permit the buyer to air their honest opinion. Well here is my honest opinion. This is defamation in its highest from. Even the courts make it clear that fraud must be proven. You can't just go around and say anyhting you wnat to say about people, especially if it is not true.