A man in the UK has been sued by an eBay seller for leaving negative feedback. [Daily Mail] (Thanks, Everyone!)
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He can settle for some of that internet money.
If the judge and/or jury has any intelligence whatsoever, this case will end with the seller “Mr. Jones” paying the court costs. Why? This:
“Libel involves someone’s personal or business reputation being damaged by a false or defamatory statement that has been published.”
The word “false” is key here. The buyer posted nothing but true, honest feedback. Without a falsified, public statement, there is no libel or slander. Period. It’s not his fault Jones sent the guy the wrong phone in poor condition. It also makes no difference whether or not a full refund was given. Chris made no false statements, therefore, no libel was committed.
Besides, I doubt this Jones could provide ample proof his “business” is hemorrhaging money over a single negative comment. A quick jump to his Ebay rating shows an astonishing NINE negative comments within the past year alone!
@blackmage439: I thought that British libel laws didn’t require falsehood for a statement to be actionable . . . ?
@kc2idf: I believe you’re right, if I recall correctly, the British system assumes that the statement is libel unless the statement can be proven as true.
I’d think publicity over the threat to sue would be more of an issue for the seller’s business than the negative feedback.
What’s a bit ironic is the seller complained his business was off because of the negative feedback, yet he now has guaranteed he will have no more business because of bringing this lawsuit.
I didn’t know they tolerated frivolous lawsuits like this one in the UK.
Not that negative feedback is always deserved or anything. Sometimes it can be a big problem. Sometimes the comments the various ebayers in my family get definitely qualify as libel. It can get pretty serious. But a lawsuit? That’s a little much.
I’m sorry, what is the feedback options for if people are not able to post honest feedback when they did not get the product they paid for? If you don’t want negative feedback as a seller, don’t make mistakes. Deal with it when you – just because you give a refund doesn’t mean the buyer is “satisfied” – they didn’t get what they wanted.
Feedback comments are not to pamper your ego, they are to tell other potential buyers what the experience of buying has been.
eBay’s new policies are retarded and I would expect that these types of things are going to continue to happen. A guy leaves a negative feedback and the seller can be kicked off of eBay temporarily or forever. So it’s absolutely true that this negative feedback could damage his sales. All he has to do is prove that the statement was false or misleading.
If I got a full refund I wouldn’t leave a negative, but it would be a moot point if eBay’s CEO John Donahoe didn’t have his head rammed up his butthole with all of his “improvements”.