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eBay Seller Sues Buyer Over Negative Feedback

    April 30, 2013
    Josh Wolford
    Comments are off for this post.

UPDATE: There are a few new wrinkles in the case.

ORIGINAL ARTICLE: Let’s say you left a negative review on eBay. Maybe the seller wasn’t prompt in delivery, or maybe they weren’t completely honest about the product. Whatever. At what point would you feel like you needed to remove or edit that feedback? What if the buyer corrected their mistake – or made it up to you in some way. What then? Would you reconsider if the buyer sued you for damages?

An eBay seller is suing a buyer after she left a negative review on the site and refused to rescind it – and the buyer isn’t backing down. The negative feedback was over an unexpected $1.44 postage charge.

According to the complaint, Amy Nicholls purchased a microscope part from Med Express in February. As a result of that purchase, Nicholls incurred shipping costs ($12 on top of the $175 purchasing price).

Med Express took her payment via PayPal, and shipped out the device. When it arrived to Nicholls, there was an extra $1.44 postage due.

Who’s in the right? Is there any reason for a seller (or business) to sue over a negative review? Should a buyer ever be instructed to remove a review? Is it all about what can be proven libelous? Where do you draw the line? Let us know in the comments.

Nicholls, operating under the eBay moniker chimera_studios, posted on February 26th that the “Order arrived with postage due with no communication from seller beforehand. It was logged as a negative feedback on eBay.

Med Express quickly responded, saying that “Sorry – no idea there was postage due. This has happened alot (sp) from USPS lately.”

Over the past year, Med Express has 298 ratings, only 2 of which are considered negative. Their positive feedback percentage stands at 99.3%.

“When notified of the problem, Med Express immediately offered to reimburse Nicholls for the postage due amount. Despite this offer, and before giving Med Express a chance to reimburse her, Nicholls on February 26, 2013, apparently as a result of the $1.44 postage due, posted negative feedback and comments for the transaction on eBay’s website and gave Med Express low ratings in the Detailed Seller Ratings section of eBay’s Feedback Forum, resulting in an unfavorable feedback profile for Med Express. In so doing, Nicholls falsely and deliberately slandered the good name and reputation of Med Express.”

Med Express goes on to say that Nicholls caused them irreparable harm and caused them to lose customers and income.

They seek not only an injunction to remove the negative feedback, but also damages (both punitive and reparative).

The facts of the case do not seem to be in dispute. And in a letter to Med Express, Paul Levy of the Public Citizen Litigation Group (on behalf of Nicholls) makes it clear that the feedback about them is true, and that Med Express admitted to that in communications with him. That, and the lawsuit itself is the definition of frivolous.

“In a sense, what you and your client seem to be contending is that your client’s offer to pay the $1.40 is a sufficient display of contrition that Nicholls ought to be forgiving. But the point that she made in her message to you was that the problem wasn’t the money but the hassle. she indicated that she would have been willing to pay $1.40 more in shipping up front, but that she was posting feedback because a company that ships products ought to be able to do a better job.

That opinion might be right, or it might be wrong, but harboring it and expressing it is not a tort. And it is certainly no reason to seek damages, attorney fees, and an injunction. Consumers might well take this sort of bullying into account when they are thinking about whether to do business with Med Express,” says Levy.

“Moreover, the relief you are seeking would be injurious to consumers. Your other potential buys have an interest in knowing the history – that, for a period of time, you were repeatedly using a shipper knowing of problems that could result in user having to pay postage due.”

Remember the response Med Express had for Nicholls? “This has happened alot (sp) from USPS lately?”

Of course, Levy argues that’s not really the most important part. Summarily, Ohio law and the First Amendment prevents Med Express from suing over this type of negative review.

eBay isn’t the only place online where reviews have been an issue for the courts. A few months ago, a judge ruled that a women must edit part of her review of a contractor on Yelp and Angie’s List, after she accused the company of stealing jewelry from her home. A later decision overturned that one, ruling that her postings were free speech until proven defamatory.

There are a lot of far-reaching implications in cases like this, and the aforementioned eBay case. On one hand, courts can’t universally protect anything a reviewer ever says under the umbrella of free speech. That would open the doors to false reviews and flat-out lies directed at businesses in the attempt to smear. We know that this isn’t legal.

On the other hand, it’s dangerous to set a precedent that says businesses can successfully win suits like this. At that point, it’s a slippery slope to open season on internet users and their legitimate complaints. Do we really want the courts clogged up with lawsuits over a one-sentence blip of text like “God, worst burgers ever”?

What do you think? Where’s the line? Do you think that the eBay case we’ve discussed is pretty cut and dry? Can you foresee circumstances where this sort of thing gets more complicated, and the right decision becomes harder to discern? Let us know in the comments.

[via Ars Technica]

  • http://www.wedgeim.ca Wedge Internet Marketing

    What a stupid lawsuit, I think we should all buy something from them and leave negative feedback

    • Jeff

      Or better yet, lets all leave Wedge Media false negative reviews online. False reviews are not cool.

      • Read carefully

        Now now Jeff, he didn’t say anything about leaving false negative feedback. Don’t get your panties in a bind.

        ;-B)

    • Johnny

      Mr. Wolford,
      When ending a question with a quotation, the question mark belongs inside the quotation mark even though it’s not part of the quote. Keep up the good work.

      • Mons

        Also, “a women.”

      • Robin

        Actually, it doesn’t.

  • Jeff

    Or better yet Wedge, we should look up your company online and leave Wedge Media negative reviews for your comment here.

    • Ed

      Jeff, you’re an idiot

  • http://www.wedgeim.ca Wedge Internet Marketing

    Calm down , my point was clogging the courts up with BS lawsuits is wrong

    • trev

      nothings being clogged the courts like tesco make money of every customer

  • Steve

    Josh, you might want to lay off the beer a little, or at least leave lawyering to lawyers. “Summarily, Ohio law and the First Amendment prevents Med Express from suing over an opinion – be it false or not.” – so totally wrong. Read about libel: http://en.wikipedia.org/wiki/Libel

    • don’t use wikipedia

      God, I hate stupid people. You’re the moron. You can NEVER use Wikipedia as a source, because any nitwit has the ability to edit it. How about quoting the actual legal source since that is the only one that counts?

  • http://www.nytfundament.dk Hjemmeside

    Haha! What has the world come to? 😛

  • http://www.kingged.com Riza

    Med Express is ridiculously serious about suing the buyer. What were they thinking? Okay, so a negative feedback left them a very bad reputation. And then this? It will not only ruin their ties with that particular buyer, it will also create a doubt in the minds of ALL their consumers. Bad move.

  • http://www.msinteractive.com Moonstone Interactive

    The interesting part of this issue is that if you click the link “posted on February 26th” above and actually read the review as well as the 1 other negative review, Med Express didn’t try to sue the guy who said “items were listed as new and they were used, they worked good but used” when their response to his review was “They were new, but you can return them. We’ll even pay return shipping!”. Isn’t that review more of a false statement than the one discussed in this article?

    • ThatGuyIsRight

      You are making assumptions about both the seller and buyer.

  • http://www.matchdaymemories.com Dave

    This is some respect is Ebay’s fault.

    First disregarding the fact the let people leave low scores when clearly the sellers delivered on all aspects regarding the item. Ebay are promoting their service as a business to business minded people but as a community to to others.

    Strictly on a business factor the buyer has a right to be annoyed but in a peer to peer community environment this would be laughed off as a simple mistake. I suspect the buyer wouldn’t even both to report it but wouldn’t ask for the pennies.

    Businesses should be made aware that when they use eBay the lose their ability to control their relationships with customers. I mean if this had been bought via their own site the communication would have been between the two parties involved. The chance to RANT ! is still their but it’s not made public and should not have a bearing on their reputation of the business.

    Personally I hope person who left their feedback is taken to the cleaners.

  • Doreen

    I recently made a small purchase at eBay and the seller informed me they would NOT leave feedback until such time as I did. I emailed them and told them that I felt this was a form of blackmail. In fact, buyers and sellers are “rated” on two different metrics. As a buyer, I expect to be rated on (a) how quickly I paid and (b) how quickly I respond to the post if I am not paying within 24 hours.

    Sellers are rated based on (a) the items description (b) shipping time and (c) shipping costs.

    I received a very snotty mail from the seller telling me how wrong-headed I was and “this is how I conduct my business”. I will never buy from this seller again for this reason.

    • http://N/A Dan

      Ebay actually FAVORS buyers, and leaving bad feedback for buyers is generally a no-no. Never be afraid to leave bad feedback; if they retaliate, Ebay will fix yours. Ebay customer support told me this over the phone.

      • Jason

        Sellers are not able to leave neutral or negative feedback for buyers, this change went into effect two years ago.

        That said, buyers should communicate with a seller first and only leave bad feedback when there is severe wrong or a seller won’t fix a problem. This dumb case not withstanding, a lot of eBay sellers are small business owners and unfair feedback can hurt them. Don’t be afraid to leave just feedback, but also don’t be so quick to neg someone before giving them a chance to work it out.

    • ThatGuyIsRight

      Amen, sellers like that need to be kicked to the curb.

  • Kerri

    The whole review thing is getting to be a joke! Personally, I bought a bed that was reviewed highly and its junk. How did that happen? A customer wrote a review of 4 out of 5 on a review site and this alone caused our company to drop down to below even companies with only one 5 review and we had 30 5’s. Some algorithms just suck. He would not retract the 4 review even though it was not fair at all. Some people never give good reviews. I have seen employees of companies give reviews as if they are customers. Some companies pay people to give reviews. The list of problems goes on and on. I no longer trust reviews myself and pay little attention to them for all the above reasons. I understand why Med Express is doing this. That one 4 review caused a huge loss in business for us and we had bent over backwards to rectify the situation he complained about. Some people don’t care the cost to business over something trivial. Maybe if the commenters here had a business they fought to built and do the right thing by customers …just to have a jerk person drag you down…they might have different appreciation of how unfair this is. If you give a bad review make it for something that was dishonest or someone who didn’t try to resolve the issue. Not for something trivial like this girl did.

    • ThatGuyIsRight

      You called your displeased customer a jerk.
      You were lucky to get 4 out of 5.

    • Faitawaits

      You may think its over something so trivial but who are you to judge how another person feels?!? I have had people not even leave feedback after me purchasing and I’ve done so on theirs… This is my problem, it is my right as a purchaser to express my opinion no matter if it is positive or negative because that is how I feel. As a business you have to expect good or bad behaviour from people wether online or in a store face to face!! It is up to that business to prove that they are better than that and live up to the standards they state. I as a buyer would have looked at the reviews, seen the company offer and acknowledge and made my own decision as per everyone thinking about buying. I never buy anything unless I see the rating and review the positive and negative feed backs and make my own decision. So in final opinion, people need to read before just buying!! Cheers, I’m off to buy on eBay!! :)

  • João

    I’ve done a few deals on ebay and, as in anything in life, unexpected things can happen. People just need to talk to each other and sort out whatever there is to sort. This person was offered reimbursement over an unexpected fee and that should be enough to settle it. I’ve been sent wrong items, got items lost in mail and other no so good situations, but I’ve had the luck and pleasure to deal with honest sellers that always offered to correct their mistakes (and even mistakes that were not their own), so I never negative feedback.
    One good example is items shipped over non registered mail. People usually don’t want to pay the extra charge to have items sent over registered mail. If nothing arrives, then whose fault is it???

    • ThatGuyIsRight

      Who’s fault? The seller or the delivery method, but certainly not the buyer. Their only mistake is dealing with a seller who would ask such a question.

  • Charlotte

    With the cost of the item being $175 good customer service would have been to not charge the customer the additional cost for the postage. There are ways to make up the less than $2 postal amount.

  • http://www.dinstartside.no Din startside

    If you feed ppl with peanuts, you get monkeys.
    This woman has eaten a lot of peanuts….

  • Conran

    The company needs to hire a decent Public Relations and customer service executive, and preferably one with a very heavy bat. Whoever made the decision to sue a customer over something so pathetically stupid does not deserve to remain in their position and has done untold damage to the branding of that company.

    This is business 101, and the company has failed that very basic hurdle in a catastrophic manner.

  • http://N/A Dan

    Its all about principle!

    Its not about the buyer being unreasonable. The point is, sellers get away with this over, and over, and over again. If nobody leaves bad feedback, they’ll continue to do it.

    I buy a lot on ebay. Many times I’ve bought things advertised as “near mint” or “new” that are used and worn. I leave negative feedback every time. Somebody has to learn their lesson and correctly advertise their items. If nobody says anything, they’ll just keep doing it.

    Who cares if the seller tried to make good on the shipping?

    The intent behind red feeback is to tell other people “This could happen to you” and it sounds like it very well can.

  • http://www.moneymakingmommyjobfinder.info/Uneedit Trygeania

    The seller is acting like a child!!! The lawsuit is ridiculous and petty. People are going to complain. It’s called freedom of speech. I believe this whole thing is going a little to far. Nicholls needs to realize not everything is going to go his/her way. Businesses deal with a lot of people. Not everything runs perfect in this world. Med Express just needs to put the complaint behind them. Creating a lawsuit this petty will just hurt Med Express’s business.

    • maria decossio

      Ebay should have a rule that if a buyer wants to leave negative feedback they should first have proof that the seller deliberately did something wrong or else be unable to leave negative or neutral feedback, or at least the seller should have the privelege to have it removed if it wasn’t their fault. This is the sellers way of making money to live on, and buy needed items. I sell on ebay to buy much needed, life dependent medication I would not otherwise be able to afford. This is the sellers life they are so casually and carelessly leaving bad feedback for. For some sellers it may be their only job. Buyers should not be able to spew off all of their feelings in effect throwing a terrible two’s temper tantrum over every thing if its not the sellers fault. Treat people the way you want to be treated. Ebay sellers are real live human beings with beating hearts. Ebay sellers are mothers, fathers, sons,and daughters just like you have in your family.

  • Jason

    This suit does more harm to this seller than one measly bad feedback.

    Think about it, if any of us were in the market for what this guy sold, for all of his positives I doubt any of us would have refrained from buying from him due to one negative mark for postage due. Even the best ebay sellers typically get 1 negative mark for every 100 items sold. But how many of us would buy from him now? My guess is zero. I certainly would not. The person who bought from them is having their time and money wasted in this frivolous suit and none of us would want to risk that. Sure, he gets some publicity, we have all now heard of him. But none of us were likely in the market for what he sells anyway, and those who were will no doubt steer clear.

    But frivolous suits happen everywhere, so hopefully eBay shoppers won’t be turned off by this. And hopefully eBay publicly offers to cover any expenses this shopper incurs as a PR move so that potential eBay buyers do not let this lone case make them wary of purchasing on eBay.

    Some on here are talking about libel and what not- it would be different if the seller had an email showing the buyer demanding a $100 refund or else they would make up a bad feedback about postage due when it wasn’t true. As the author notes though, the fact that the seller erred is not in dispute, so the seller has no legs on which to stand.

  • Antaris Angel

    They are both acting like immature idiots.

  • John Ramos

    Personally I think the company should be able to sue. IT was not their fault at all that ebay which pretty much FORCES you to use their services like USPS that they should receive negative feedback. Further there is a resolution system in place on ebay to solve such issues before feedback is left. Another aspect to this is she blamed the seller for the error on USPS behalf for charging the wrong dollar amount for postage up front. Ebay’s rating system is set up in such a way that the seller is held hostage by the buyer and the buyer should be held accountable for any comments left. The buyer couldn’t yell fire in a crowded room without consequences, why should this be any different.

  • http://www.xlr8parts.com Dan Foreman

    It is not really the contention of Med vs. Nichols that is at stake here. It is Ebay’s policy that causes the damage to this sellers reputation. By Ebay not taking a role in this, and administering these contentious and frivolous issues, they are complicit in the situation and viewing the negative feedback as an opportunity to remove the preferential rates offered to “no negative feedback” sellers.

    Nobody in their right mind would make an issue over 1.40, but Ebay is more than happy to use negative feedback to their advantage, as justification to set an alternate fee level.

    • Jason

      Nobody in their right mind? She said it was about the inconvenience, not the money. If the Post Office sends you a package pick-up slip telling you that you need to drive to the Post Office and stand in (usually a very long) line in order to pay this postage due, I doubt you’d be thrilled.

      Two years ago I had buyer who had to do this over 17 cents. The Post Office decided we missed the weight of the package by a 10th of an ounce and he had to physically go to the Post office to stand in line and get the item. He cared less about the 17 cents but was irked that he had to wait another day and go to that effort.

      So we refunded him in full for the 10 dollar item and let him keep it. It was the very least we could do after the hassle our mistake caused him. And you know what? Since then he bought 5 more products from us because he was happy we cared. Granted the medical item was $175.00 but the seller could have offered something else in compensation.

      And even if this guy ended up leaving us a negative anyway, that’s the way it goes. Sometimes you do everything you can to help reverse a problem and you still get a bad review. If you are a good business you will have more than enough positive reviews to build trust with potential buyers.

    • http://www.parkellc.com billy.barrell@facebook.com

      You are exactly right. Penalizing for monetary gain. That is the new “drink the kook aid” philosophy.

  • http://www.cuttinglawns.comwww.mow.co Jerry Tindel

    We have operated a lawn mowing business for 30 years, growing every year. We guarantee to please our clients, or they get their money back. For the last few years we have advertised in Angie’s List. We have 90+ percent A ratings. But a very few, several of whom are not our clients, have written very, very negative ratings on us. We have found much of what they wrote was not true. We responded, but Angie’s List does not delete the false reviews. I had never thought about suing the ones that lie. I would like to, but that does not seem wise. I don’t think Med Express should not have. They have done more harm than good. Our advice: Suck it up! And make darn sure your postage charge is accurate.

  • Chris

    I work on the premise that the customer is only right when I and the customer agree…

    If you understand what that means then you understand negotiation and compromise, and when you add a third party like shipping it makes this even more likely to have possible problems

    To cost a seller possible business over a small $1.44 she should be sued for the full loss of future business caused by her actions, using the comparison of sales before and after her unworthy comments.

    People need to think twice before leaving any remarks on eBay…
    1. Is the problem the seller (not manufacturers defect or issues with shipper)
    2. Are they realistically capable and or did they fix the problem (not damages caused by shipper, including theft)
    3. Don’t expect a full refund (shipping is a third party matter and even big retailers on catalog or online orders will never give you back shipping costs)

    The best thing is to calm down, think clearly, wait a day or so, and think before you post that rating!!!

    • ThatGuyIsRight

      According to your skewed logic, the customer is only right when they agree with you.

      From that faulty logic, you then clear the seller of any responsibility in shipping, a system they chose/implemented/charged for.

      Do you see how you should not be in business? You and your ilk are the problem.

    • Jason

      “I work on the premise that the customer is only right when I and the customer agree”

      This means that you think you are always right. Good luck starting or staying in business with that attitude my friend.

      Sellers accept the ebay rating system in the eBay terms of service. Buyers have every right to leave a negative comment when a transaction did not go how it was supposed to. It is all subjective, maybe as a buyer you would not have cared enough to leave a bad feedback, but this person did. Often with postage due you get a card in the mail and you have to go to the Post Office and pay in person, it is quite an inconvenience. Its great if the seller apologizes and reimburses, and buyers may choose to take that into consideration, but that doesn’t unring the bell. If the buyer does not want to remove their rating they do not have to.

    • http://www.parkellc.com billy.barrell@facebook.com

      Congratulations. You are now the second seller I will never do business with

  • ThatGuyIsRight

    eBay better be helping with the buyer’s legal defense.

    • Sharon

      I too sell on ebay and they can take their stars and put them where the sun doesn’t shine. If you happen to hit a customer on a bad day, they can leave bad feedback even if you have done everything right. I don’t think it is fair that people can get so upset over $1.40. Ludicrous!! Ebay needs to rethink their policies. A lady left me neutral because the I didn’t list that the fabric was not suitable for children’s sleepwear. Now mind you she was making a pillow – duh. Is that fair!!

  • Sherry

    I wish I could sue! I have one negative feedback. I sell iPhone cases one of which has a flux capacitor image on it. The buyer thought it was a real flux capacitor, so left me negative feedback. The one and only I have and it’s not fair they can leave negatives for their stupidity and not reading the listing or title for that matter an would not change it even with a refund.

    • ThatGuyIsRight

      So the picture you chose is not misleading?

      • bridget

        We have photos of gift baskets on our website with a list of what is included. Occasionally someone will leave feedback saying they were expecting more, although what is in the picture is exactly what it is included. No matter how clear you are in description or photo, people complain. I agree with the company suing. Hopefully the buyer will be very inconvenienced.

        • asdas@asdas.com

          We are talking 4 of 5, that is still a very HIGH rating. IF you want perfection, then develop space travel and leave this earth, because it does not exist on this planet.

  • http://www.superiorwebsitehosting.com Brandon

    The problem is that with internet business you can leave feedback instantaneously. Many people are so damn impatient that they don’t even give the company a chance to reply to a request for support. They respond in anger thinking they’ve been taken advantage of. I’ve experienced this first hand. The company bends over backwards to help out and still gets negative feedback without a chance to make a correction or use it’s great customer service.

    • Michelle

      YES!!

  • Michelle

    As a seller on ebay – there is no way to know there is postage due on a package until it arrives at the destination. I have weighed pkgs here, they are checked at our post before shipment and, at times, they arrive at destination and they tell the customer they owe 40 cents…it’s insane but it happens and negative comments over that are uncalled for.

    I have customers that complain about shipping charged AFTER they see what it will cost them and they purchase the item. They see it up front, know what it will cost and then complain and leave negs after they get their product and you know what — ebay ALLOWS THIS…that 4 star criteria ebay has should be scrapped. A buyers sees the ship charge up front and then they’re allowed to say they didn’t like the shipping charges bringing a seller’s rating down….ebay is NOT a seller’s market any longer.

    Back to the woman suing – it’s a waste of court time. She could have been reimbursed – sure it’s a hassle but did the med place know the post office would push charges to her. They could have sent “postage due, return to sender” and then she would have been angry that it didn’t arrive in time. It’s a very ridiculous lawsuit and a waste of time and money in the court system.

    • Michelle

      Edit — the woman’s is not suing – it’s the company and I still think it’s a waste of time and money. Ebay should have fixed this before it went so far. Negative feedback can ruin a business – even one. One bad comments goes farther and travels faster than 50 good ones…it’s always been that way.

  • Heather

    As a business owner (contracting and consulting) as well as an ebay seller, I have to say that TODAY people are getting VERY opinionated and POSTING ONLINE every little tiny annoyance they may have in life with a person or a company. This does GREAT harm to legitimate, honest businesses. People need to remember that someone is feeding their family on the other end. If you have an issue with a product or service take it to the company, then to a govt. agency if need be. Don’t smear anyone’s name online. The internet is perpetual and what you say is a fire that can become a raging inferno. I am of the belief you will receive what you give out. People who are contentious and have nothing nice to say must lead very miserable lives.
    To the contractor who has negs on A-list (not giving her free advertising by listing the name), I feel very badly for you and wish you all the best in your business. For those who have nothing nice to say, remember your mother’s or grandmother’s old age, don’t say anything at all!
    In regards to this particular lawsuit, it does seem a little extreme for $1.40. Certainly do understand though this seller needing to set a precedent and make an example.

  • http://www.auctionessistance.com Sam Pina

    I can see why sellers are willing to do anything to avoid negative feedback on eBay.

    • http://stowegems.com Barry

      True that!!!

  • http://www.parkellc.com billy.barrell@facebook.com

    Customer satisfaction is the snake oil of marketing. Typically, a company will penalize front line employees if a negative review is received. It is nice to get info on an unfamiliar company or product, but it has gone overboard. This lawsuit is ill advised and has done far more to hurt the seller image than any customer review. It sounds as if a mid level manager lacks the maturity to handle the marketplace. I don’t buy microscope parts,but if if I did, it wouldl defiantly not be with this company.

  • http://stowegems.com Barry

    It is the fault of #1 the USPS for accepting the package without checking if the postage is correct. If I send out a pkg and it weighs more than I claim the P.O.should charge the sender then and there. That is what my P.O. does. #2 The seller should buy a new scale.
    #3 The buyer could be more understanding.

  • mm

    I completely agree with the lawsuit. It’s time people are held accountable for what they say on the internet about a person or a business.

  • pp

    I can buy something from a firm that has less than 100% positive comments btu I will never ever buy anything from a firm that suits a customer for an opinion. An I the only one?

    • Valeria

      Probably yes. By sueing this “lady”, the seller protects buyers as well, because inaccurate information on him would drive us away and we would miss a good buy. Other buyers should sue that woman too.

    • Jason

      no you are not the only one, I agree completely. The fact is frivolous suits like this will make potential buyers wary of shopping at ebay, afraid they have to accept an item that is less than described or pay more money than agreed for a sale or risk a suit. I would easily buy from a seller with a lot of positives and a few negatives, but would never buy from someone that sued their own customer when they themselves shipped the order with incorrect postage.

  • Robert Chandler

    I have, myself had to pay additional postage for items I’ve received delivered by USPS, as well as being made aware of additional postage due on delivery of items I have shipped. I never have had these experiences with UPS of FedEx. The problem was not with the seller but with USPS. Last year I had a discussion with my local postal delivery person. She informed me that, even though a package was processed at another USPS facility and proper charges applied for the shipment, the local postmaster has the “right” to re-evaluate the package and determine if additional charges are warranted. I applaud the seller in their lawsuit with a buyer who cannot be accomodated because paying USPS was a “hassle”. Shame on her AND the USPS for such practices.

  • Alane

    There is absolutely no way that the seller would have known that the USPS would add the additional charge. When the seller offered to reimburse the buyer for the additional charge that should have been the end of it…no negative feedback. I have sold on eBay for many years and this has happened once to me. I reimbursed the buyer for the added charge that the USPS imposed (unbeknownst to me) and that was it. This buyer was ridiculous. I don’t think it should result in a lawsuit, but I understand how detrimental negative feedback is and can relate to the seller’s frustration. Please share the buyer’s screen name so I can block her.

    • Faitawaits

      You missed an important fact… The company stated that they have been having problems with USPS doing this…. FAULT: Seller for not posting a blurb in their listing that addition postage may incur on behalf of the seller and then state a reasonable remedy. The seller then needs to contact USPS and deal with them directly! Everyone seems to forget that this negative feedback is an OPINION just as we all have wrote our opinions here. Honestly, I think Americans can sue way too easily and they sue for anything! Shame on the company, they have hurt themselves far greater than one woman’s opinion!!

  • http://www.pkshops.com qammar

    oh my … I lost my 5 minutes for $1.44 story,should not I sue Josh Wolford ?? :)

    be fair with all

  • Valeria

    I think the buyer made a fuss for nothing especially when the seller offered a refund. I suggest charging a little more than what calculated for transportation and when the invoice from the carrier shows that the amount paid is in excess, refund the difference to the buyer.

  • Joe Fusco

    Seller evaluations need to mean something. All sellers can’t have 90% or more positive reviews. Reviews should be for the benefit of potential customers, not to promote sellers’ businesses. Criticism should be encouraged and sellers should be encouraged (perhaps by eBay) to correct problems pointed out by their customers or to explain why it is not a real problem.

  • chayn123

    Just like in real life, people should be held accountable for what they say on the Internet. In real life you can’t post a comment, or write a letter to the editor without identifying yourself.

    More to the point, I think eBay should be involved as it is their business. Regardless of my opinion of the BBB they have a method where they monitor disputes, and show ones that are resolved, ones that the company made a sincere effort to resolve, and ones that the customer is not happy with the resolution.

    The overall business rating is based upon the ratio of these three. Additionally, in this case the seller should make every effort to alert customers and address this issue. Obviously they should’ve done it as it started happening, as they were aware of it happening.

    • chayn123

      Furthermore, why doesn’t one of them sue USPS too! Maybe the buyer and the seller can get together on this. I’ll bet their lawyers would love to do this.

  • http://nagualgrove.com/ Howard Crane

    The Courts have gone straight to Hell. This is ridiculous. All that needs doing is looking at this from the Human perspective. Med Expresses acted in good faith. It must be rare for shipping to go through USPS and incur this extra charge since Nicholls’ negative review is only the 3rd EVER. The content of the negative review needs to be revised. In good faith in kind, which Med Express initially showed, it should be amended to say that she was refunded.

    Now. No more big quandary over the future of the Internet. It’s going to happen exactly how it happens in real life interactions in a civilized society.

  • http://www.fashion-bag.com Charleen

    It depends on the shipping policies. If seller did not state any extra postage would occur, and processed the postage as the order placed,then it meant seller agreed the freight charge on the point of shipment. The seller should be responsible for the absorption of the cost.

    However, if the customer had been advised the extra postage, then customer had the right to remain the order or decline the order. If customer did not decline, then the customer should not have done the negative feedback.

    No one is perfect. Just being mutual understanding of both situations. Someday you could be a business owner, and you are a customer too. Some reasonable negative feedbacks are the gear for the merchants to improve the services.

  • Lin

    Instances like this one is usually from a new buyer. I’ve had occassion to receive bad feedback before the customer ever contacted me. The seller should lways reimburse as they did for something like this. And if it is a reoccuring problem, should look over their shipping process and see why. The feedback issue, I blame Ebay. They should not allow a buyer to give bad feedback if they have not even contacted the seller. Many times buyers feedback is unfair and Ebay does not do much to protect the seller from this. Eby does not let sellers leave negative feedback for a buyer- only a response. Thus buyers, knowing this, especially new ones, can choose to ruin a sellers feedback unnecessarily.

    • http://N/A Dan

      I’m a buyer who leaves bad feedback without contacting the seller first. I’ve had an ebay account for 7 years and counting.

      My last negative feedback was for the condition of a collectors item advertised as “near mint”. When it arrived, it had 4 roughed edges. To me, this isn’t an issue I would “contact” the seller about first. I was lied to. Period. And if they lied to me, I’m sure they’ve lied to other people. If you don’t want red marks, don’t lie to people.

      I’m sure I could contact the seller, send the item back and get a refund. But I want other buyers to see it and beware.

      If nobody ever sticks it to them, they’ll continue these bad practices.

      • maria decossio

        We are talking about something here that was NOT the sellers fault. You are talking about something that is the sellers fault.

      • Nathan

        Dan, it is buyer attitudes like yours that are the problem. You have a complex that the seller must have lied to you or that someone is out to get you. I have listed parts on eBay in good faith and the customer has pointed out defects on arrival that I had no idea were present. Maybe that’s because I’m rushed and list a lot of parts, maybe my attention to detail lapsed, but I have never lied to anyone. Yet I have been accused of the exact same sort of thing that you are coming out with. It isn’t nice being called a liar when you had no idea of the defect they are talking about, even more annoying when you have rushed to the post office or gone the extra mile to make sure they get their item promptly. I always remedy any problem to full customer satisfaction, however I have had the occasional idiot like yourself leave neg feedback before contacting because they are so very sure of themselves.

  • Allen

    Let the numbers speak.
    Company is not hurt if 99.??% positive and .?% is negative–reasonable reading of the numbers would indicate either anomaly in transaction or crackpot customer–either way would not deter reasonable customer from doing business with the reviewed merchant–tort is frivolous.

  • http://www.tronixmartmall.com Dalton

    My opinion is this is a matter that eBay should handle, instead of the courts but they don’t. When selling on eBay, the seller will live or die by their feedback and negative feedback can actually put a seller out of business and keep them from selling on that particular marketplace. In my experience, there is quite a bit of false negative feedbacks placed on eBay. Customers will lie to get things for free or to just have control over the seller in order to get things their way. They know the implications are severe and I’ve had customers threaten me that they would place a false negative feedback in order to get their order for free. When I reported it to eBay their response was that they will not remove feedbacks because they aren’t true and they will only remove them if they are slanderous. I don’t care if you say something positive about the seller. If you use the negative feedback on eBay, no matter what you say it negatively affects your Seller Approval rating in a big way. Poor Seller Approval ratings affects when you can get off of their mandatory probationary period where PayPal holds your money for 30 days, it will keep you from becoming a Power Seller, and if it goes to an unsatisfactory level, it can also cause you to lose your account with eBay. If a Seller is truly a poor retailer and is crooked than I’m all for getting rid of them and cleaning house. But when customers repeatedly go on eBay (and there are some) and do nothing but scam sellers by ordering stuff and then putting in a refund request and entering threatening a negative feedback so they can get the refund request approved without having to pay for return shipping and then they go ahead and leave a false negative anyway is totally wrong and the customer, in these cases, should be held liable for their lies.

  • Lin

    One more thing. When a buyer leaves unfair negative feedback for a seller, other sellers on seeing this will block that buyer from buying from them. Sellers cannot take a chance on unreasonable buyers.

    • Craig Barmore

      Hey Lin,

      BRAVO!

      You are so right. I certainly wouldn’t sell to her. She should and will be “BLACK LISTED”!

  • http://www.korsett-love.de A. Smeets

    The beginning of this storie in mine opion starts where ebay started with the policy that Customers can’t get a negative review from a seller even when they do what they want. A buyer is always the winner. Even in returning policy eBay and Paypal are in favour of the buyer. The buyer has the chance to return any kind of goods within 45 days. He just ships it and 1 day later he opens a case with PayPal. A soon as the seller gets the goods bach PayPal makes a refund to the buyer. No discussion possible. PayPal i.e. eBay just says you have the goods back, no matter of what are the terms of returning. With these advantages for buyers given by eBay and payPal buyers will terrorize sellers and force them extras with the thread of a negative review. eBay should really start reconsidering this one way policy.

  • Craig Barmore

    Tell Amy to “GET A LIFE”!

    She deserves to lose the case and the pay the penalty for causing unjust claims against the seller. UPS has is the one who jacked the charges. The seller acted in good faith, offered remedy and should be accepted at that.

    Amy is being very very unreasonable. She should be treated and judged as she judges others… I don’t believe she would like herself!

    • Faitawaits

      The seller only offered the refund cause she left the comment… The comment is how the seller found out!! As a buyer I am making a contract with the seller which includes shipping costs, once they accept and take payment that is all that needs to be done. So when USPS charged additional it should be paid by said company and not the buyer. I personally wouldn’t have made the comment but she felt she had to and was completely justified on doing so… The company has greater positive ratings and her one comment isn’t going to hurt their business like this lawsuit will!! Please no one sue me for my opinion!!

  • Rev. Ace

    Just pay it. Big deal! Accept the neg. feed back and get over it.

  • Ron

    I think we may be missing part of the point here. There should also be some accountability from the online marketplace sites themselves. Not providing a clear process that enables marketplace sellers to effectively dispute and remove any inappropriate, irrelevant, or just plain nasty reviews is a big concern. Many consumers appear to be clueless as to the purpose for providing feedback to sellers. The goal should be for businesses to continually improve their service. Customers battering sellers via petty, misguided, or misdirected negative feedback serves no purpose, in the end.

    The whole online customer feedback/review process has become somewhat specious. We should take reviews with a grain of salt (the glowing as well as negative ones). Samsung’s recent admission about posting “fake” reviews is a case in point.

    • Faitawaits

      Plain and simple…. Reviews are opinions and we all are entitled to them!!

  • Paul S

    To be honest i think that ebay has lost focus from its sellers and takes the side of the buyer more of the time.

    It has to be a fair system for it to work !

    I am an ebay seller and i have noticed that customers often buy, get the item and then open a case to return the item for a full refund etc… All because they dont like the item !!!

    Its NOT fair and buyers can be a pain in the back side !!!

    As for this case …. she should not have left negative feedback especially when the seller was being so helpful !!

    Hope she suffers a massive financial loss !! a lesson for dumb ebay buyers !

    • http://N/A Dan

      They take the side of the buyer because the buyer is holding the money. Its part of what makes eBay so successful financially. It also prevents ebay from becoming a seller scam-land.

      • Nbravatto

        It prevents Ebay from becoming a seller scam-land? Do a google search on Ebay scams. There are numerous and is an income for many. Chasing away good sellers and siding with ignorant buyers that don’t investigate the features of the product they are buying does not make Ebay successful. You buyers don’t do a damn thing for them financially. It is us sellers that pay them the sellers fees. You obviously are one of the clueless buyers out there if this is the thought process you have when it come to Ebay. How much in fees do you pay when you buy something on Ebay? Yeah ….. Thats what I mean. Give you a good idea if I sell a 500 dollar item its over 50 in fees and that is before PayPal takes their chunk. So tell me Dan again Dan who is it that makes Ebay so financially successful? It sure isn’t you. Do some reading. The feedback system is broken. How is it a feedback system when one side can only leave a positive. Are you telling me that there are no bad or shifty buyers on Ebay? And if there are should I not have the means to be able to rightfuly expose them just like a bad buyer would be? No offense man but get a clue.

        • molinaryagencies@gmail.com

          The absolute bottom line here Nbravatto is that you agree to still sell on eBay’s site knowing the feedback system.
          I sell on ebay and I always make the effort to create a good rapport with the person whom purchases from my store.
          Unfortunately, there are some people who sell on ebay that are too dogmatic in their approach and lack the discrepancy in meeting their customer’s requests.
          Some people that sell on ebay need to get off their high horses and be at a level with the people whom buy on ebay.
          The fact that you see some people who buy your items as a pain in the A is indicative that you have an attitude problem in the first place.
          How funny and ironic you are in saying “the sellers pay the ebay fees”
          Who pays for the items you sell? If there weren’t any buyers on eBay you would not make money in the first place would you?
          In conclusion, Med Express should have come down from their huge egos earlier in the piece. They would have saved unnecessary time and court costs by fighting such a pointless argument in the first place. They must have made a lot of money from their ebay buyers to be able to take matters that far in the first place.

    • http://www.athleticsgalore.com Aaron Nowling

      I agee with this entry. Sellers are not given enough protection by Ebay. They often take the side of the buyer and allow unjustified feedback to be sent. We had a case where the buyer didn’t know what they buying which was a baseball with a 9″ circumferce. He said he was a coach and it was obvious, he did not knwo baseballs all have a 9″ circumference. We told him he could send it back at his expense and he would be credit for the cost of the basebslls only. Ebay even sent him a return label and he never sent the baseballs back. He left us negative feedback when was dead srong and Ebay would not remove it. They said feedback was an opinion forum only. Opinions can be slanderous and people should be held accountable when they are wrong. Ebay has nothing to sell and they depend on the seller to make their money. Without the sellers, Ebay would not exist.

  • http://www.DownTrees.com Eric Crizer

    I think that there isn’t enough religion in the world today & we just need to getter-done!
    As a seller I would have just let it go due to practical error & wrote it off as loss!They also could write in a blog and attach it to the negative feed back,explaining what the circumstances were & that the error was rectified & quote what was done for the error and when it was resolved! Selling on line isn’t an easy thing to do and as much time that you put into it there is still something that you may also need to do !

    My personal response is “Can’t we just all get along” this is what I was told when I was a younger man from good up-bringing and I guess there just isn’t enough of this in the world these days!

  • http://www.aromatiqueoils.com alison

    I can see where the company are coming from, especially over something so petty. Some Ebay buyers think they have the God given right to destroy your reputation, which is easily done with the idiotic Ebay DSR system, especially if you sell high value/low volume. A low rating can have a substantial effect your page positioning and hence your sales. Repairing your DSR is a long and laborious task. We have been selling on ebay since 2008 and stopped for a while due to the number of dishonest buyers, Ebay returning monies paid even when we had proof of delivery. They have improved somewhat but still heavily favour the buyer, even when they blatantly lie.

  • http://www.bestvibes.ca SexShopCanada

    I think e-bay should have a dispute resolution center for e-bay comments… just like they do for Paypal resolutions… if E-bay are going to put so much weight on bad reviews…and stop people from being power sellers and potentially ruin a small businesses reputation.. there should be a way of disputing them that doesn’t involve going to court over it… as this is not good for the customer or the company involved… or even e-bay. I believe that in a case like this… if E-bay moderated… the outcome would be at least an amended feedback review where the company and the client came to an agreement about an amended review… or if after a few weeks if they could not sort it out themselves E-bay could step in and decide… also E-bay would quickly see if a customer was a repeat offender for using the feedback system against buyers. Another way to handle it is if the seller was allowed to remove one review for every 100 comments or something like that… or remove the bottom 2 and the top 2 reviews from their feedback score or something… then the company would still have 100% assuming that these errors are anomalies and not the norm…

  • Leo

    This is very unfair to sellers. The seller had tried to help her. But she didn’t care at all. A negative feedback will definitely hurt the seller. eBay should allow sellers to leave negative feedback to buyers as well. eBay should also allow the seller to offer their side of story and remove these biased negative feedbacks. eBay should not allow buyers to leave negative feedback before eBay hears the story and contact the seller to correct the problem, if there is any. Many times, some buyers leave negative feedback to sellers without even contacting the sellers. So sellers do not even know there is a problem. This is very unfair to sellers.

  • http://www.bbc-antiques.co.uk martin s

    we got excluded from eba y because of low d s r ratings indeed a negative feedback for an item closed us down the buyer never gave us a chance to refund on an item we started at .99p , further we received positive feedback but were targeted through d s r system and even got a message saying “try selling online now” which we made e bay aware of , however we were closed down and excluded from selling causing great hardship and threatening my employees position and my whole business plan , i find it shocking how e bay has treated us and am considering taking legal advice

  • http://ukdirector.me ukdirector

    The seller was willing to put matters right as soon as they knew, but the buyer did not give them the opportunity. Instead the buyer was all too happy to go on and give bad feed back even before seeing what reaction they would get from the seller.
    If you have a complaint about a purchase and you don’t give the seller the opportunity to put things right, before you bad mouth them, leaves one with a sour taste because are not a very nice person who likes cheating on others and does not like playing by the rules.
    I like to see the seller win this case, so as to stop others acting in the same way.
    P.S
    I do buy things, but I am not a seller & have never sold anything…

    • Kevin

      I think both are wrong and both are right, to a point. If she contacted them about the postage due and they tried to reimburse her, she should have takne it and instead of posting negative feedback, put feedback that says what happened so others woudl see the company tried and made the situation whole. If she did not do that, then she is at fault and should have to take down the negative comments.

      If the seller did not try to make things right if they were contacted, then they shouldn’t contest the negative feedback because they were not treating a customer right. If this has happened before, have they talked to UPS to find out why it keeps happening or do they just continue and pay back people who complain? If the latter, then they should not have sued and they are in the wrong.

      Unfortunately all of us will pay for this, either as a seller or a buyer if it is not handled carefully.

  • MBV

    Does anyone else remember the case where a lady claimed she’d found part of a human finger in her chili? It was all over the news. With some investigating, it turned out she’d made the whole thing up and even planted the finger herself. I believe criminal charges were filed against this woman.

    I’m afraid I agree with this lawsuit. If the company did what they could to rectify the situation, and yet the woman still slandered them, I think they only way to put a stop to this is to take legal action. Unwarranted negative reviews can hurt your business. Time to put a stop to these nasty people just looking to lash out at someone.

  • http://ulc.net Become ordained online

    To go to court over such a trifle is ridiculous. If a product or seller has enough business, they will have a few negative reviews, it is inevitable. You can’t rely on one review, good or bad. Look at any product on Amazon for example. You’ll see maybe 50 or 100 or more people giving a product 5 stars, best thing ever invented, and then there will be 1 or 2 that say it is a complete failure and waste of money. From dealing with customers for many years, I also know that there are some people who go through life unhappy and complaining. They would complain if it were free, they are just that way. A seller shouldn’t worry if there are a few negative reviews, and the more ridiculous the review is, the better it is for the seller. Like when someone gives a low rating because the shipment was damaged by UPS. I’ve seen that a lot, and they’ll even say that the seller shipped them a replacement and that the product was good, but give a bad review because UPS damaged the shipment! Let it go!

  • Richard Thomas

    $1.44???
    It is too bad there are people in the world that would make a BIG THING out of $1.44!!! Maybe this woman doesn’t have a life so she acts like a MORON so everyone will notice her.

  • James V

    Having a friend who sells on Ebay, I hear the horror stories of having to deal with customers like this. The problem is that the impact of negative reviews is significant and does in fact directly reflect your listing rankings and therefore your profitability … even if just a few negative. Yes a slippery slope, and regretably I doubt the plaintiff is going to get very far with this suit. But kudo’s for taking a stab at making goofs like this think twice. Generally you will find a longer history of this kind of review by this kind of customer.

  • Sherry Gee

    At issue here is the fact that the seller is blamed for a problem created by the USPS and PayPal. USPS has a deal with PayPal in which the seller can use PayPal to create a shipping label, pay it and send the item. Once the buyer has boxed up the item, printed and affixed the label, and gotten the item to the Post Office, he or she has done their duty to fulfill the order. Unfortunately, customers don’t get this and they blame the seller for problems with the Post Office. The customer will choose USPS to save money, but they expect UPS or FedEx level service. Customers expect the item to cost less than the seller pays to buy it, they expect it to be shipped the same day, to pay ground prices and get overnight service, and if the seller could just include a fat check to the buyer for their trouble of purchasing, that would be great, too. It is disheartening to try and sell on Ebay and Amazon and to be the target of unrealistic, unreasonable customers. We had a guy purchase an item on Amazon last year, it arrived on time, but the customer didn’t realize it was sitting out on his porch. While the item was on the porch, the customer got on Amazon and slammed us, giving us the lowest possible rating. Since we were just getting started on Amazon, it almost capsized us there. We sent repeated requests for the customer to remove the negative feedback, but he never answered our emails. I finally looked him up online and guess who he is? He is a convicted child molester! So a convicted child molester is able to get online, slander our company, drive down our sales – and we are a wonderful family company that bends over backwards to do anything for our customers to make them happy. How is that fair? Amazon won’t do anything to help and Ebay is just as bad.

  • http://www.kutyaszallitas.com John

    This is what happens when one using Ebay and Paypal checkout. The postage doesn’t adds up and the buyer is slammed with the added cost. I don’t think the negative feedback was right, because according to the seller he had offered to refund the money straight away and him using paypal posting he thought the postal rate was right. She was hotheaded and in her upset negatived the seller.

    No. The negative wasn’t warranted. Unfortunately Ebay is becoming low level low moral due to the stopping of buyers feedback.

  • http://www.sexysarong.com Terry

    There are negative people out their all the time I think she is stooping to his level buy suing and she should realize that its a free country and we are entitled to be upset over additional non mentioned charges.

  • http://www.data-medics.com Jared

    In her defense, any company idiotic enough to sue over a negative ebay review deserves negative feedback. I know I’ll never in a million years buy from a company that treats their customers that way.

    If they think they’ve lost customers over her review, wait till their customers hear that they can’t leave honest feedback without getting a lawsuit slapped on them.

    I sincerely hope they go out of business, and that no judge is stupid enough to actually hear this ridiculous case.

    • JD

      That is because you have not had your ebay business limited to 3000 a month from 20,000 pal. If I halfed your paycheck you bring home every month because of some 9.00 items or childish revenge comments – you’d change your mind in 3 seconds.

  • Al

    Its a big joke really because even if you give the customer a FULL REFUND they have the right to leave negative. Take the company ( i know them personally) that gave a customer a full refund on 5 items they bought because the customer complained in an email that they had a second rate service as they wanted second rate post but the store ONLY shipped first class. This was on a Friday when business’s close for the weekend. The customer complained on the Monday when the goods were to be sent out. So the business refunded the customer ( DID NOT SEND THE GOODS).

    • Al

      The customer left 5 negs and low 1’s Dsr this CLOSED down the sellers business. Literally .
      Ebay will do nothing about it. Its tough and there should be laws to stop this from happening.

  • http://www.chicoparty.com Linda Crawford

    I understand both sides, however, I do think that once the company offered to reimburse the buyer for the postage due she should have updated her review to reflect that. She could have still voiced her frustration and also acknowledged that she was reimbursed. As long as all of this information is in the review it’s fair.

    • JD

      exactly! When you get food in a restaurant and complain – then you eat it ALL – then ask for a refund???? No way.

  • James

    People should be free to express their opinions and experiences regarding service providers, consumer goods retailers, manufacturers etc. HOWEVER, it is only fair that if you have a complaint or bad experience to FIRST contact the service provider, seller, manufacturer etc, tell them about it and give them the chance to make amends. If they refuse or simply don’t respond, the customer/consumer should have the right to publish their complaint to warn others, and the retailer/manufacturer/service provider should not have the right to sue, even if the posting/feedback damages their reputation/sales.

    Therefore, in this Ebay case, if the seller had proof that the purchaser contacted them and they DID respond and offered to make amends, then they should have the right to sue her for damaging their reputation and for loss of profits. Feedback ratings are EXTREMELY important to sellers AND buyers alike on Ebay. I always look at the sellers feedback ratings before I purchase on Ebay. Buyers should not be so “negative feedback trigger happy” without first contacting the seller to attempt to resolve the dispute first.

  • Mike Boss

    There is absolutely no value whatever in reading the reviews if they are all necessarly positive. On many occasions, I have been dissuaded from buying an item based on negative reviews. I am grateful to those who post their reviews to help guide me. I fully realize that there are those who are nasty for no reason, but I will disregard an occasional bad review in a sea of good reviews. If bad reviews are not to be posted, or are to be removed or you can get sued for defamation, then they should discontinue even asking for reviews. I think eBay should require its sellers to agree to waive any suit for defamation based on a customer review as a condition of using its site, and any seller who choses to sue a customer for a negative review should be blocked from the site in the future.

    • JD

      Ebay and buyers should REMOVE NF IF and WHEN the seller fixes, reimburses, refunds or replaces and item – PERIOD! Buyers who leave NF are MOSTLY new buyers with less than 100 FB – destroying businesses with 6000 – its rdidculous, childish, anti business & ebay has lost tons of sellers because of the slanted & one sidedness of FB – when sellers make PROVEN steps to fix a situation – FB should be removed. You dont get to complain, eat ALL the food, keep the toy AND leave NF!!! Ebay is a failure because of the FB system alone – how about giving sellers, who by the way make ALL the money for ebay Inc some protection!

      • Jason

        Why? This simply means sellers can do whatever they want and then they only have to fix it if there is a complaint, knowing that the complaint will be taken down if they react. Sellers should be working to make sure these problems don’t occur to begin with. As a buyer I want to know if a seller has a history of complaints, this track record should not be erased just because they fix an issue. Sellers can also follow up to any comment left to let others in the community know how they responded to the issue.

        For example, if someone negs a seller with “terrible seller item arrived broken, seller ignored me”, I can tell a lot from the sellers response.

        If they follow up with “so sorry about that, we are contacting you to try and resolve”, this goes a lot further for me in my purchasing decision than a comment like “buyer lied, scammer, terrible” which communicates to me the seller is not professional.

  • Proloy

    What a joke… I am both a buyer and a seller (online services).
    Every people have different mind set and think differently. If someone gives a angry feedback after he/she had to go through a trouble then I see nothing wrong in this. You might also do the same thing in that situation.

    Now, if we come to ethics then I would say that the buyer could have contacted the seller first, which I don’t consider a mistake. After the negative review the maximum the seller could do is request the buyer to edit his review (under no circumstance ‘DEMAND’). What the seller did is mistake (might not be very big.. but mistake). Moreover the seller managed to even blame USPS for the mistake. But the buyer had nothing to do with how he will send the product he is selling. End of the day it will be considered as a mistake from seller’s end.

    If I was given the opportunity then I would fine ‘Med Express’ so heavily that they would never ever think of demanding positive feedback after doing a mistake. And if they blame USPS then they should sort the issue first with USPS and then approach the buyer with request.

  • Drape

    I would get the postal inspector involved since they mentioned “Sorry – no idea there was postage due. This has happened alot (sp) from USPS lately.”
    If it’s happening a lot, it means they’re sending a lot of package with postage underpaid, the postal inspector should investigate that.

  • Graham

    Ebay are totally to blame.
    If they didn’t penalize Sellers financially, the odd negative feedback and low DSR wouldn’t be an issue.
    Unfortunately sellers can see their fees increase overnight thanks to what amounts to trolling.

  • Dd

    It is obvious that the only party that should get sued is USPS
    For causing hassle to buyer and negative feedback to seller.
    And for this ridiculous add-on-charge policy!

  • Artwork

    Both morons. Can’t work out a simple problem like this. Sounds like the Republicans and Democrats in congress. Maybe they should run for office…?

  • Natalie

    What do I think ? I support the seller. This world is going crazy with bad reviews over things that are not in one’s control.

    Customers, buyers, whatever – everyone is trying to please everyone so much that anything, even the smallest “hiccup” will become a problem.

    People think EVERYTHING is a service these days, and if you act in your or your animal’s best interest, they will leave a bad review. Notice how every business listing has a button that allows you to LEAVE A REVIEW? That’s the problem.

    Even if the customer made the mistake, the seller or “service” is responsible for it.

    We are a part of an industry that could possibly be dangerous. We teach Equestrian. Customers want a “guarantee” that its safe on all angles. Can someone tell me what is actually SAFE about riding a horse ? Nothing ! What most do not understand, is that we are dealing with LIVE animals, not inanimate objects.

    Restaurants ? What if the restaurant owner bought a different batch of cooking oil and the meal did not come out the way someone suspected it to ? I’ve seen so many bad reviews that literally run rampant on tripadvisor that it makes it almost not worth listing your business with them.

    What is worse is that they allow the reviewer to lie, without checking up on facts. They allow reviews to show up TWO YEARS LATER after.

    People are losing a sense or responsibility for their own actions and mistakes. Period ! Heavens forbid, you would say “NO” to your customer.

  • http://www.luxstyle4u.com Greg Stranahan

    As an eBay seller with a perfect rating I can tell you it’s hard to keep that rating perfect, but if you want to do business on eBay you know what the rules are beforehand. For this company to sue over bad feedback is bad business. Buyers on eBay have a right to know the track record of a seller. That’s why the system works. You should always make your buyers happy and they will reward you with positive feedback. The negative press they are receiving from this will hurt them more than one person’s feedback.

  • Mario Oliveira

    It IS simple. The buyer, as soon as she was reimbursed by the seller, should have made it public. It would be nothing but a fair way of closing this subject, and sufficient to make both parts even. The REAL problem is, in USA there are too many lawyers, too much litigation as in in case, a tempest in a teapot. Purpose: trying to make easy money. Don’t these people have any better thing to do?

  • LB

    The business my husband and I run has been trading on eBay for 8 years, I can count the negative feedback we’ve received on one hand while we currently have over 60,000 and 100% positive record and have done so for some considerable time.

    We trade in the UK, so we are not clear on these additional USPS charges, but they sound like underpaid postage to us. No seller should ever send out a package without ensuring it has the correct postage on it. Anything else is poor customer service and they deserved the negative feedback they received.

    We regularly see sellers who leave ‘follow-up’ on negative feedback which does considerably more harm to the seller and their reputation than the original negative feedback did. This court case is an extension to this and the seller is doing irreparable damage to their business.

  • Amanda

    I think the seller should have changed their feedback if a refund of the postage was made.
    I have recently had issues with new ebayers leaving me negative feedback for things before contacting me and giving the opportunity to fix it. The when I refund abusing me because they didn’t get their refund from PayPal saying I’m making this unpleasant when it was just because they didn’t understand the refund goes back to their PayPal account not their bank.
    Buyers can be more unreasonable when they purchase online compaired to if they visited a shop.

  • james

    All over $1.44…What more can i say!
    Well maybe one ore think. Where is ebay on this? They set up the feedback system and this is what can happen So shouldn’t the dealer also be in trouble not just the user?

  • Peter

    The feedback system on ebay is the buyer’s opinion of the seller. This automatically gives the buyer the right to give feedback. It seems the feedback was not unfair.

  • Tammy

    Wow! Frivolous! Sellers know the rules. They should have simply responded to the feed back with an apology, a public explanation, and reiterated the offer to refund. Buyer, although no obligation to do so, should have responded with a thank you or a no thanks. End of story. But to sue? And to be so stubborn? Shame on both of them!

  • http://www.vivaciousswimwear.com.au Vivacious Swimwear

    As a business seller on Ebay I completely agree. Buyers have left me terrible feedback after items have been refunded by Paypal or Ebay (items lost in the post)
    The Paypal/Ebay seller protection scheme is unfair to sellers. I give my buyers different postage options at the checkout – standard mail, registered or express. If the Buyer chooses not to pay the extra fees (sometimes just a few extra dollars) to register the parcel, how is it my fault if I can prove the item is shipped and lost in transit.
    Ebay should remove this scheme completely as it it open to dishonesty.

    • Gar

      The seller should of approached the seller in a different way. Contact the buyer and offer FREE shipping on the next purchased if they would remove the negative statement.

  • Elso

    The whole situation seems rather ludicrous to me. The prospective could be different from one state to another, but here is how I see it.
    Fact: There was an unexpected postage due of $1.44. This is definite negligence of the seller. A decent seller/person would realize the error absorbed the $1.44 to avoid any negative experiences.

    Question: Did the buyer contact the seller about the $1.44 due?

    But of course, just the mere idea that a seller would destroy their “good name” by attempting to sue a customer because a customer is telling about a bad experience? This is a loose loose situation for the seller.

    My opinion: Seller, issue a refund to the buyer for $1.44 (probably be the best $1.44 you ever spent). Let the negative comment go (providing it is fact/opinion without “name calling”) Bottom line, don’t make a big fuss over this, you talk suing a customer, nobody is going to buy from you… you loose, so i say leave it alone.

    Buyer, Need to be aware that most everyone is human and errors do happen. Feedback should reflect all that transpired and rating on not the fact that an error occurred but on how it was handled

  • http://www.butkus.us MButkus

    Do you know what a lawyer would cost to sue someone in another state? Got a spare $2,000 – $4,000 and that will go in just fees. Only small claims court in that state, then county would only cost $20 to file. Then you have to travel to that area to file, wait a few months.. then show up and face a judge. God knows the judge wants to hear “he said something bad about me !” I used small claims twice in NJ for a couple of hundred, and won by the other person paying up before the court date. Slander, like “they stole stuff from my house” without a police report should be removed.. filing a false report is serious business.
    Unless the site has regulations… you would have to find a lawyer stupid enough to know the jury would turn you down on by wasting their time in court.

  • Phil

    I hear a *hot* clearly advertised & marked on the cup coffee being spilt in my lap because im an idiot! –think ill sue the person that sold me the *HOT* clearly maked cup of coffee for a mill or two—
    She should have been banned for 30 days for leaving negative feed back by Ebay after the seller offered to pay the difference, GROW UP !
    There is a saying in NZ——————- only in America,we see it constantly & of corse we just laugh at the things that we see your sueing for–time to be solicitor for sure.
    & yes im a member of Ebay for some years-have bought numerous items from around the globe & sometimes the postage is out by a buck or two–our postal services would probably right off that in good will,& i have never laid negative feedback because the seller has always offered to correct but for the hassle & for that amount its cool with both parties—-$1.44—-GROW UP PEOPLE !! send it to a third world nation & feed a couple of humans
    GOOD WILL people–again grow up-it takes to dickheads to tango.

  • Carm

    Postal rates are published, if the seller ships regularly, they should know that. They must be printing their own labels, and are either guessing or falsifying the weights. If this has happened “alot”, you’d think the seller would be more diligent about making sure the postage is accurate. Kudos to them for refunding the additional postage, but i can understand the buyer’s frustration. I wouldn’t have left negative feedback, but wouldn’t have left positive either. The lawsuit is ridiculous.

  • Laura

    I think they need to get a life $1.44 really? Big deal just eat it. How many hundreds did they blow out their ass in legal fees over this. A lot more than $1.44

  • Robert Cerveny, Jr.

    Lady is a money grubber willing to sue for anything on earth. The company said it would pay her with no problems. She just wanted to sue something. The post office is notorious for having a different rate at the post office and when it gets to person.

    • Mike

      Haha read the article, you don’t even know what you are talking about. The company is suing her, not the other way around.

  • Roger

    If you have a problem, you are supposed to give seller (or buyer) a chance to make things right, if this article is correct, she is in the wrong.

  • Bruce

    Perhaps she was a bit harsh on them. However had the company taken the situation seriously from the beginning and realized that they had antagonized a client, a more appropriate response might have been the following: Thank the client for bringing the problem to their attention, apologize, offer to reimburse the client for the purchase in FULL as compensation for the inconvenience, promise to investigate and rectify the problem followed by feedback to the client on the outcome of their investigation as well the course of action to ensure it would not happen again. I’ve applied this strategy many times and in 99.9% of cases have ended up with a loyal client to this day. Cost to the company… nominal, saving in credibility… immense, better customer service… guaranteed, more business… definitely. Problems happen and that’s a given, but a problem handled correctly is in fact a sales opportunity! Who would you rather deal with… an unknown quantity or a company with a track record of customer service excellence?

  • JB

    I would say that you always get one, however it seems in this world of providing feedback, it gives a certain type of person license to feel important and at the same time try and destroy genuine business owners who reply on honest feedback.

  • Robin Carter

    why are we given the negative feedback box if we can not use it if we are unhappy, So the company suing her does she now sue Ebay for putting the negative feedback box their for her to use, If this is the case then the negative feedback box should be removed because customers are now going to feel to scared to use it in fear of being sued.

    • http://www.mycheapmovies.com Mike Lee

      The negative feedback is a tool to fight scammers. If you buy something from me and are un happy then I offer to resolve it in your favor you are not justified in leaving negative feedback. In fact you should be pleae as punch at such great customer service.
      Go to Wal mart have a problem and see how they handelit
      gorilliadesign2012

  • Carlos

    The company is bullying this person. They knew they had a problem and they had a lax attitude to fixing it. She is correct and if anything they should have bent over backwards to persuade her to remove the review. Lets face it they cannot win. Poor business practice, their actions should have been a last resort. Who do they think they are?

    • http://www.mycheapmovies.com Mike Lee

      lax attitude! oh please the company apologized and then offered to send her the difference. The postal service makes a lot of mistake when on line folks print their own postage

  • Ali Toktay

    we sell on EBAY, Amazon,..etc. Feedbacks are really big abuse..
    Buy something, give negative feedback and wait the seller to get in contact with you to remove it, and ask ” full refund ” for removal.
    That is what most of the negative feedbackers do..And unfortunately many of the sellers are ready to do it. Any solution ? Yes.

    1- Platforms like EBay should follow the buyers who perpetually give negative feedbacks and then remove it.

    2- Items sold less then X USD should not feedbacked.

    3- Feedbacks for the items that are returned, should be removed.
    ( Maybe the return percentages can be issued to the customers )

    I am sure that some other solutions can be found..

    • http://www.mycheapmovies.com Mike Lee

      Yep that’s a part of the e bay mine field and we as sellers need to link arms and demand change
      gorilliadesign2012

    • Carlos

      Wow if this a big problem for sellers. I agree with point 1 and 3.

      If a buyer asks for a full refund and wants to keep the item then they should be reported to ebay amazon etc.

    • Carlos

      the comment below was for this comment, my mistake.

  • http://www.mycheapmovies.com Mike Lee

    As an E bay seller i can tell you this is a commonprbolem with buyers. Ebay refuses to protect sellers from this sort of situation.
    the buyer is unjustified in leaving negative feedback since the seller went way beyond the TOS to resolve the problem.
    All this over a 1.44 on a 175 dollar item oh pleae give me a break.
    I personallly wouldn’t have sued them

  • http://www.forestofwildfruits.com Symone

    I think that in this case, the feedback should have been neutral at worst. The seller attempted to make amends for the extra postage and as a result of that, the feedback could have been positive or no worse than neutral and the buyer could have explained the situation in the comments. The lawsuit is a little much, but this may simply be a result of the seller getting sick of Ebay’s lack of seller empathy or protection as others have mentioned. I definitely consider feedback when making a purchase so I understand why the seller is frustrated. I have had many situations where I could have left negative feedback, but I contacted the seller and they have always tried to make it right. I would never leave negative feedback for a seller that tried to fix the situation even if the product was bad. You can still leave positive or neutral feedback concerning the company or seller, while giving buyers a heads up about the product or service.

  • lenny

    please sue the buyer !!!

    i’m a seller on ebay, we are at the mercy of mad buyers and dishonest people blackmailing the sellers, and expressing their anger towards sellers with no justified reason.

    i’ve had my share of horror stories with negative feedback with no justification.

    buyers don’t understand the amount of damage they do to your business, and ebay? they don’t lift a finger to help sellers. on the contrary, they are mean to sellers.

    please sue this buyer. and have luck.

  • http://Ebay Warren smith

    The seller should have updates continually of shipping costs from their shipper that is part of being in business.

    Did the buyer contact the seller first and say I had to pay extra for shipping the buyer said tough I don’t know, if the buyer had to leave that negative feed back to get reimbursed for additional shipping yes other buyers have every right to know that. The law suit appears to be frivolous.

  • http://www.graciousstore.com Nina

    A seller who shipped correct and undamaged product on time to the buyer deserves a positive feedback. There is nothing wrong if a seller asks the buyer to complete the payment for the cost of shipping which is the responsibility of the buyer (unless it was indicated free shipping). The buyer has no reason to leave a negative feedback for the seller because he/she asked the buyer to complete his/her payment.
    The seller needs positive feedback to draw in more customers, so if a seller thinks a law suit is worth the trouble as a way to get the buyer to rescind the unwarranted negative feedback, so be it

  • http://www.bd-shop.co.uk Barney Douglas

    I have had a similar negative feedback problem on Amazon, and threatened legal action when a purchaser left unjustified negative feedback without making any attempt to return an item with which he felt he was not happy, despite having a legal right to do so with a full refund, and despite the product exactly matching the online description.

    It’s one of the reasons I prefer selling through my own shop – bd-shop.co.uk

    In my case I used Amazon’s denigration department first, and then the buyer withdrew the feedback.

    But it certainly badly affected sales for two weeks.

    Barney Douglas at BD-shop

    • Jon

      I used to sell on Amazon a few years ago and also experienced a similar buyer. The buyer said item not as described when it was exactly what he wanted but still left a negitive feedback.

      I later found out he was buying the same item I sold him from other sellers. I did get the item back but was forced by Amazon to refund every dime including the shipping charges even when I have a restocking fee on certain items.

      Some people should be banned from buying things online.

  • http://vietnamimmigration.com Vietnam Visa On Arrival

    i don’t like seller on ebay. someone is scammers,if you want to buy items,please choose seller have feedback good.

    • Johnny

      Unfortunately, just placing the words “Vietnam” and “Visa” together in a sentence, implies danger.

  • http://www.thegoodpersonsnetwork.weebly.com Yootmon

    While I do believe it was unfair for the customer not to rescind the negative post after attempts by the seller to rectify, it is good to know that customers do not have to subject themselves to the whim of many unscrupulous businesses. I won a bid for a $1500 ring which was lost in shipment. The company only refunded me the $57 I spent on the bid. They would not even discuss their procedures in such matters. I believed it was scam. The ring might not be worth $1500 in the first place, and I never saw it to determine its value.
    I felt doped and helpless. My $1500 ring turns out to be worth only $8 to them. Noticed, I did not mention their names but if UBid on anything of value, this might happen to you. NUFF Said!!

  • http://www.healthy4ever.info Joseph

    This lawsuit, hopefully should make buyers be more careful on how they word negative feedback some buyers use the “feedback platform” to berate and belittle sellers they in other words over do it and cross the line. Some buyers feel that they are always right and do not even care on how they can damage a sellers reputation, they do not give a seller an opportunity to make things right and just can’t wait to damage a sellers reputation. If this lawsuit goes through and the seller wins, I foresee many more lawsuits popping up all over the ebay world…

    • Wyatt V

      I could fully agree with you if this were the case of someone blatantly saying “Yous suck” and using every swearword in the book, but when the seller says that it’s happened a lot lately and aren’t knowingly taking active steps to prevent something like this from happening in the first place, the buyer has every right to be angry and leave a negative review. Some people may pay the $1.44 willingly because they don’t want to deal with the hassle, but its the people like this that keep those people from even having to worry about that hassle in the first place. For those people that use specific cards for online purchasing, that untold $1.44 could have worse implications than some would expect. As for your point of some buyers thinking they are always right and ruining a sellers reputation, other buyers normally notice when this is the case. Though I do agree with your thoughts on this part, it all comes down to a buyer using common sense and spotting stupidity. Common sense is just becoming harder and harder to come by these days.

      • Mike reason

        Your brainwashed

        • timothytrunket

          dear, it’s “you’re” please be a bit more knowledgeable in your assertions when you accuse.

  • Robert

    As a ebay buyer if something is funky with a sale and seller makes it good/right they get either positive feedback or I will leave none at all. Bottom line they took care of the issue and I just may buy again knowing they will make things right.

    As a seller currently in a situation where a buyer says they did not rcv product, FedEx says delivered to front door. Buyer wants immediate refund and will leave positive feedback if done so, and says they do not have the time to deal with FedEx. I opened claim with FedEx (not a cheap item), FedEx trys to contact buyer, per FedEx buyer not responding.

    Nothing but Red Flags here!

    BTW the Buyer is also a ebay seller so you’d think they would be co-operative.

    I did call ebay support about this issue, so far they are in my corner.

    They drama continues though so stay tuned, same time, same channel.

    Had another instance awhile back, buyer said product not rcved, tracking indicates item delivered. Got to love (at times) google maps/satelite/street view. Buyer has no close neighbors. Needless to say informed buyer item was delievered per the carrier. Never heard word back nor rcved bad feedback. Ya they were looking for a freebie.

    As for this case , lawsuite is extreme but at the same time the buyer over reacted and was premature in leaving feedback. I’m considering blocking this buyer at the moment why tempt fate with a buyer like this when there are other more reasonable buyers out there.

  • LA

    ebay, yelp and other rating systems should offer the sellers a verification option and post a follow-up to the review.

    In this case, ebay would contact both the seller and buyer and then post if reasonable effort was made by the seller to rectify the situation and changes made to prevent it again or not. This would help buyers and sellers.

    I sell digital products using Paypal and a few years ago I noticed an increase of people ingratiating to paypal that they did not receive their purchase. I could provide the date, time and IP address of the download but Paypal’s policy to verify delivery is from a shipping company and they admit there is no way to verify digital delivery. These buyers knew how to get free stuff. Never would any one of them correspond to me or Paypal. They would just wait for the refund on their account. Since I have a money back policy this whole process really frustrated me.

    Other than not getting compensation for my intellectual property I wasn’t out anything more than the transaction fees and a TOS fee. But what what very aggravating is that my business reputation was damaged to Paypal, they keep track of how many disputes you loose. So there was no way to clear my reputation. Luckily I didn’t have enough of these to loose my ability to have a sellers paypal account.

    It’s the Ebays, Yelp, Amazon and Paypals that are allowing spiteful and poor behavior to tarnish small hardworking businesses. Those big player companies have to step forward and offer a solution that helps the sellers without removing the reviews.

  • Kevin

    eBay is really to blame in all of this, IMHO. They refuse to remove negative feedback, even when the buyer admits its a blatant lie in messages coming across on their server. They can see them, but choose to do nothing about them UNLESS there is a court order to do so. The feedback system (and ebay itself) has gone pretty much out of control over the last few years. Moreover, if a buyer buys multiple items they can leave multiple feedbacks for one transaction making a sellers rating look artificially poor. As long as a buyer is CAREFUL about their wording, ebay basically gives them the right to extort sellers and threaten sellers w/ neg. feedback. Im not saying this is what happened in this case, but there are TONS of posts online about ebay’s bias towards the buyer. In May, ebay has announced that if claims are filed against sellers abusing the system, eBay will not allow that buyer to post neg feedback if found in favor of the seller…. The first buyer friendly rule in almost 6 years.

  • Angrybird

    F@ck this bieach… Let her pay damages she was a king leaving the feedback for innocent company, put her behind the bars if she do not pay

    • timothytrunket

      you should sue your local, public schooling system.

  • http://designme.co.za Anton

    The problem here is ebay full square. Like Pontius Pilate they “wash their grubby little hands”…In order to maximise profits they do not employ people to police this. It would push up their costs considerably but it should be done. I often ignore ratings because it is obvious that some of the ratings have been left by Little Napoleons! Every rating should be subjected to review period.

    You sue this individual – and you will win. But, I think you should have requested that the buyer get her mouth washed out with soap. Just like your momma did when you said profanities and slandered individuals! :)

  • Americo Ferreira

    This woman has her point but is using it in a malicious unforgiving way . It’s this attitude that is quickly erroding the unity of this country away, glad I’m not married to her.

    • timothytrunket

      you don’t even know what a woman is.

      i wouldn’t worry about it, your hands are sufficient enough.

  • http://tcsi-oklahoma.com Mark Rushing

    The fact is, had the seller simply forewarned the buyer (posted a notice) that teh USPS, as is not unusual, has been dropping the ball lately and that some postage may be due upon arrival, non of this would be an issue. Having said that, the seller did not bother addressing this issue and received a reasonable, non-vitriolic, non-slanderous feedback rating for said failures. If the seller is that bothered by such a small but true feedback rating, he should post a notice on all the items he has listed for sale explaining the issue with USPS so that people can make up their own minds and respect him for being honest about admitting there is a problem beyond his control.

  • Allen Stegall

    Good for MedExpress, negative feedback is harmful and should not be left until it is clear there is no resolution being offered by the seller to solve of a real problem. $1.44 does not qualify and is nothing more than petty retaliation.

    • Mike reason

      Any person that would ruin a person reputation over such a petty amount is one of those “sellers worst nightmares”. They can leave you a neg if they didn’t get any that morning. They need to return to feedback both ways.. Durf!!!

  • Jon

    I used to sell on eBay and very rarely get a negitive feedback from a buyer. I sold automotive electronics and shipped them out very well packed to ensure they receive them in good condition.

    For such a small additional fee, I always ate the cost because there is no reason to take a chance on getting a negitive feedback over an additional fee that was not included in the original charge. If it were me I would leave them a negitive feedback explaining the situation in detail, block that buyer and move on.

  • http://www.linkedin.com/pub/robert-alan-yeatts-jr/57/b46/b56 Robert Alan Yeatts Jr

    Of course he should have sued! It’s the principal of the thing!

  • http://letmeyou.net Jean-Claude Suffrena

    I would sue myself a buyer for a bigger issue, but not for $ 1.44. My point is I would still give the great service without adding the $ 1.44 then the negative feedback won’t be a big problem later. The fact is the $ 1.44 negative feedback will cost you 1000 times more down the road. If we can solve a small problem today by avoiding it to be a dramatic problem tomorrow then solve it today. God Bless

  • Joe Marras

    As a retailer that had at one point been a power seller on Ebay, I can tell you that unthinking buyers can harm an online business by rash comments and negative feedback. A few times buyers have made claims of our store that were utterly untrue, and when we did have an issue with product and service, almost all buyer gave us a chance to make the transaction right. Many times I have resent items free that customers have claimed never showed up or refunded the purchase price of an item that supposedly had a defect or blemish with requiring the return of the item. Most other sellers do the same. As a buyer I always give the seller a chance, or two, to correct a problem before posting feedback. As for Ebay, sellers should be allowed to post negative feedback on buyers also. Many use the one way system of feedback to extort more product or refunds from honest sellers who haven’t done anything to earn bad feedback. Negative feedback on additional postage that the seller gladly refunded is an abuse of the Ebay feedback system, and I agree that the seller should have the right to respond in court.

  • http://WebProNews Jeffrey Austin

    I understand all the frustration. I have a buyer give me negative feedback because I charged $7 shipping (my exact cost was $6.80). They knew before they bought the item what the shipping charge would be. Because of that feedback (and 2 similar ones last November) I have lost my “Top-Rated” designation which keeps me from getting 20% discounts on my final value fees. That will mean about $2400 loss to me over the next 7 months. All because of a $7 shipping charge that was agreed to by the buyer before they purchased the $40 item. (or whatever the low cost item was). I don’t charge shipping on items in which I can afford to eat the charge.
    I truly believe that ebay makes it almost impossible to attain that “top-rated” designation so that I don’t get that 20% discount.
    I have always been 100% loyal to ebay. Never sell away from them, never cheat them in any way.
    I don’t feel that they do the same with me.
    And the most frustrating part of the whole thing is that there is no ebay department that I can appeal to, or even to vent my frustrations to.
    If there were another company that rivaled ebay (like a Target/Walmart rivalry) I would switch like NOW.

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  • Jim Lee

    The changes Ebay made helped the customer deal with liabilities of bad sellers. Ebay now needs to change it’s negative feedback procedure to only allow negative feedback from a specific list of intangibles that can be proven in a court of law.

    Due to the new impact of losses sellers face, it becomes more important for ebay to get their act together.

  • Tonya L.

    There’s got to be more to this story. Why would there be over charges? Did the seller not put in the proper dimensions & weight? It sounds like they chose the agreed upon service level. Did they use a third party software? Was the package audited? I know there are many annoying details with shipping. These companies are crooks. Small parcel companies as a whole are filled with flaws that the shipper must arm themselves against. Our company saved over 30,000.00 last year by rate comparing, box size evaluation, and shipper automation.

  • http://Etsy Concerned

    I too am being threatened at this very moment by a store on Etsy for leaving negative feedback and have been ordered by their attorney to remove it or they will sue me in federal court for slander. And according to the attorneys letter I also need to remove any negative remarks in any and all public forums.

    • Mike reason

      Good

    • Sasha

      no way! Something like that defies the whole point of feedback.

  • Mike reason

    Nothing like having petty buyers control your ability to sell on a already uneven field. That buyer is a pos

  • Mike reason

    In my opinion….Nothing like having to tiptoe around eBay,never knowing when that one or two a holes are going to put you out of business through a one sided Kangaroo-Ebay. All the sellers are scared to death for business because a few fat headed morons are unhappy with??? Life? Whatever petty ass thing they can come up with.. I like the fact they can keep buy a item then return it in a month and a half with ex: blood ,tears,whatever!!!!. Are u kidding me? Then the real fun starts when a few competitors leaves you bad feedback and your DSL drops and it cost you big money. Ebay:the buyer is right 99% of the time.I am scared to look at my feedback every day because I never know when my 10 year business will be unjustly attacked over something you have zero ground to stand on,every time… WTF!!!

  • Jeff

    Lawsuit is just. More seller’s should fight for their well deserved reputation. USPS is a 3rd party which obviously was the cause of the issue. Buyer’s make false & slanderous statements much of the time. It only takes a few to destroy your online reputation which causes everyone money in the end(ebay, postal companies, buyer(s), & seller(s)).

    [[eBay is to blame.]] Their system allows anyone, child and all to make an account and cause massive damage to any seller.

    *!*Buyers should be required to communicate any issues for resolution from seller, before any negative comment/review can be left. Buyers should be warned upon selecting a negative rating, that any slander or false statements can wind them up in court for damages & suspension from eBay permanently!

    This is why eBay has suffered massive losses over the years, spite blaming ceo’s and there so call actions to improve eBay have only shown that eBay is on its way out! Thank god. May eCommerce free trade come back to the USA ~!

  • Matt

    The fact that it has gone public that this seller is suing a buyer for stating facts about thier buying experience is by far more damaging for their reputation as a seller than the actual negative feedback.

  • Anonymous Coward

    If someone had bought one of my items on ebay, and due to an error or whatever it had arrived with postage due, I think I would have just refunded the entire shipping charge, rather than filing a frivilous lawsuit.

    Then again, doubt it ever would happen, because I refuse to ship USPS.

    UPS all the way. If there is an error with the weight or anything, UPS bills me for the difference automatically, instead of making an unpleasant experience for my customer.

  • Dave

    I have another perspective to offer. I think the seller may have violated eBay’s Feedback Extortion Policy. According to the article above, it sounds like the seller is requiring the buyer to retract the negative feedback in return for offering a refund. Sellers cannot ask buyers to leave positive Feedback, specific detailed seller ratings, or revise existing Feedback in exchange for issuing a full or partial refund. The policy states this in clear language: “Sellers cannot offer monetary compensation, like a partial refund, to the buyer in exchange for positive Feedback or revising negative or neutral Feedback.” Therefore, not only is the lawsuit frivolous, but the seller has violated eBay policy and should be penalized by eBay.

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      ‘proove’?

  • Sasha

    I always check the seller’s ratings and feedback before I make any purchase, big or small, so i don’t get fraud by one of these kind of sellers that for sure are just taking time building feedback scores so the “items” they supposedly sold no longer shows in the feedback page. I think the name of item ought to stay if people do shit like this: user thetenthone1 if someone knows how to report this kind of activity please do!! So I believe any buyer should be able to write what concerns other potential buyers.

  • http://www.sellyouriphonegetcash.com/ Sell iPhone Nashville

    OK, i sell a fair number of items on eBay. It is not all easy going for the seller or buyer considering your only recourse is usually email. You just hope that you are dealing with a relatively sane person that is just interested in making a deal and paying for the item or delivering once paid depending on which side of the equation one is.
    There are several ways to resolve the problems of buyers and sellers and they are simple. Anyone can use them and unless one of the parties is set on causing an upset an agreement could be made.
    Suing over $1.44 is quite extreme and unnecessary. If that woman was really interested in a fair settlement she could have easily contacted the seller and gotten a resolution.
    She must have a lot more going on than that $1.44 in overage fees for it to get so blown out of proportion.

    • jason

      some buyers try to take advantage of the system. I had a buyer contact me wanting part of their money back. when I wouldn’t give them part of their money back they gave me bad feedback. They claimed the item didn’t work but they wanted to keep it. I tested the item before shipping and it worked 100% I told them to return the item for a full refund. They closed the dispute then gave me bad feedback.

  • jason

    I believe that the buyer should of contacted the seller first to give them a chance to fix the issue. Everyone makes mistakes from time to time. a bad seller isn’t willing to take care of these issues and should get negative feedback, but if they are willing to work with you to make it right I don’t think they should get negative feedback.

    ( I gave bad feedback to a seller on amazon about a web cam. listing said like new. It came with postage due. only like 38 cents due. But it also smelled bad like cig smoke, had scratches and the metal casing was coming off the plastic, and poor packing. They were like I will refund you the 38 cents you had to pay out of pocket. but that doesn’t fix the other issues. Everything about the order was totally wrong so I gave bad feedback. they tried to tell me to wipe off the web cam for the smell with a baby wipe. That did nothing)

    I sell on ebay. I have had people just give bad feedback without giving me time to fix the issues. Like I sold a cell phone that was in working order. I put a new charger with it that was still sealed and never opened. Here the charger was bad. If they would of contacted me. I would of replaced it right away, but they never gave me the chance to. They just hit you with a bad feedback right away.

    Then I sold another cell phone it went so cheap I lost money on it. The phone was under warranty. They claim they had to get a warranty replacement and thought I should give them part of their money back. I was willing to take the phone back and give a full refund or a replacement phone. I don’t see why I should even lose more money. some people you just can’t make happy no matter how much you do for them. they got a replacement phone from straight talk at no cost to them in 2 days! and straight talk paid for shipping both ways. not like they were out more money. Some people use the feedback system also to try and blackmail the seller into giving them money back.

  • Grace Newman

    I am a seller in Specialty Services and I am a psychic medium. With about 200 sales I got a negative feedback from a skeptic. The buyer did not come to me first and I did send a refund. It about ruined me and I saw many others had a negative feedback also for we did not tell them what they wanted to hear. We have no protection and mine used the letters BS which is cussing only abbreviated. Nothing was done for this slander. Thank you for reading.

  • timothytrunket

    in short.. GROW UP PEOPLE.

  • MangoMadness

    Again, I say, Ebay sellers are untrustworthy and will do anything to provoke more trouble than it’s worth.

    Just net worth the damned postage due next time.

    Professionalism was never expected from any Ebayer, as proven here.

  • http://www.bulldogguard.com Gean Ward

    all the seler r the same

  • Sherry

    I am so glad that someone is standing up as a seller. A guy bought a truck manual from me for $1 he paid $3.99 for shipping. I shipped through USPS on ebay with tracking. The package was lost. The buyer demanded that I go out and buy him a brand new book for $30 and ship it to him. I opened a lost package case with USPS. The buyer opened a case against me and won. He got the book, a refund, and left me my first bad feedback ever for the 2 years I have been selling on here. I would love to sue him!! How do buyers have a right to leave bad feedback when the seller did everything they were supposed to do? All because I refused to buy him a brand new book! People need to open their eyes and see that good sellers are tired of being shafted! Ebay has the worst seller protection policies. I sell on ebay because of the traffic. I am so proud of the seller in this case!!!

  • j

    I bought 3 items from an ebay seller who after I paid decided that I offered more via a method they could not figure out, so I found another method…they said yes we had a deal…No they tried to bill the differene taking the best of both worlds and by billing off ebay they save the fee’s…I did not notice because they were billing a different email as the asked for a contact email… So they decided they were going to not send 3 items only two…no refund… I returned the two and left negative feed back. eBay said give two items back and get money back. Even though it would cost me more then transaction I did it…eBay protected sellerss by first taking away that feedback, but decided to get ride of all negitive feedback…aparently because I warned the seller… Now this letter

    customerhelp@ebay.com writes:
    MC999 Important information about your eBay account

    Hello,

    To keep eBay a fair and safe marketplace for all members, we routinely review buying and selling activity. In reviewing your account, we found:
    – A pattern of unreasonable demands made under the threat of negative Feedback or low detailed seller ratings (1’s & 2’s).

    MY RESPONCE: un reasonable like do what you said or I’ll give you a bad feedback…gee I do this after being told to do by the fact you can’t…unreasonable…If I asked for more…I have not and would not. I’ve offered a lot to remove it but unlike ebay my morals are not taken as a percentage of the good and bad…

    – Consistent use of neutral or negative Feedback or low detailed seller ratings (1’s & 2’s) for sellers, resulting in an unfair reflection of the sellers’ performance.

    MY RESPONCE: Gee it takes a lot for me to give up, last seller and ebay are making unilaterally unfair choices. The seller after they had my money wanted more directly on pay pal… Gee more, unilateral against the rules after a deal…They agreed too….

    Because of this behavior, we’ve removed from related seller profiles any neutral or negative Feedback, and any low detailed seller ratings left by you within the past year. Please be aware that if this activity continues, you may be subject to a range of other actions, including limitations on your buying and selling privileges, and suspension of your account.

    MY RESPONCE: Gee bad sellers go free and hurt others, that’s are policy

    If you have a problem with a transaction, we encourage you to contact the seller first to work out a solution. For more information about contacting your seller, go to:
    http://pages.ebay.com/help/buy/contact.html

    MY RESPONCE: gee you don’t notice the number of messages I sent… I will be helpping others making deals see the problems your not happy when your sellers are not making money but when buyers figure out you do not protect us. Buyers leave the dark ally of sanctioned wildwest…The death of the culture of the East Bay Area and warning fellow buyers, so buyer be ware.

    For information on rules for buyers, go to:
    http://pages.ebay.com/help/policies/buying-practices.html

    We appreciate your cooperation and understanding.

    Thanks,

    eBay

    Please don’t reply to this message. It was sent from an address that doesn’t accept incoming email.

    MY RESPONCE: give me a good way to discuss, seems you only do half (cuss)at my wanting to let people know whats going on.

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  • Dan

    How stupid can you be to leave bad feedback for a $1.44 come on!!!! what’s wrong with people don’t we spend over a dollar on meaningless garbage we get everyday. Bad feedback is bad reputation for a serious Company or even for a person, on a company bad feedback represents less $$$ and for a person it represents Social Life going down the drain, so I hope the Company wins the lawsuit, people need to stop thinking about themselves and how they feel about every thing, but we should think about what our words and behavior can cause to others.

  • la dilegge

    Rather than representing true performance, Ebay’s 100% ratings don’t reflect excellence but the norm, and to the point that anything less is unacceptable. Are we to believe that Amazon’s sellers are unreliable since the norm is less than 100%? Personally I have delt with many 100% sellers on Ebay that simply suck but didn’t want to say so because of the expected backlash.

  • Jrad

    Leaving negative feedback on ebay should be done ONLY if the seller was unwilling to correct a dispute. I would never sell anything to a person who would trash my reputation of a simple postage miscalculation. This should have been handled by a simple email followed by a partial refund to cover the postage. Resorting to negative feedback should only be done if the seller refuses to correct the problem and even then, a neutral feedback would be more appropriate for such a small amount. I often ship usps and it can be annoying because not all scales are accurate. I usually try to be sure I have a “buffer” in the weight just in case to avoid these problems. I’ve even had occasion to open a package and use lighter weight packing when my weight showed exactly 2.00 lbs (for example) so I could get it down to 1.99lbs because if the post office weighs it at 2.01, you have to pay for 3 lbs. I’ve never had a buyer charged postage due, but I’ve been charged myself and I just send a copy of the notice to the buyer and it was handled.

    I hope they win this case, but the problem is that it’s ebay that would need to remove the feedback so they need to be a party of the suit. Removal of the feedback is the only form of settlement I can imagine, financial loss would be impossible to prove.

  • Just K

    Interesting case. First, when I had begun to make a few purchases on eBay I had no idea that I would be evaluated as a buyer. So, when I received a rating information I was very surprised. I am a happy gold star receiver, buyer. Good for me. I am being funny. Now, on the case of lawsuit; I can see that it is a serious matter for the seller to have an excellent standing because they rely on the consumers to earn a living. In their case, the items they sell on eBay or elsewhere. I am one of those buyer/consumers who absolutely read those consumer reviews. How else can you judge whether or not the seller is an honest one? I have no idea, and it is my hard on dollars, after all, that is at risk of disappearing. What I have learned in my life’s experiences is that people are not always genuine or honest. I have been one of those naive people who have been “had.” Unfortunately, more than once. Stupid, I guess, of me. However, it is my nature to trust until proven otherwise, but not anymore because of those negative experiences. So. Although I clearly understand the buyer’s feelings about the inconvenience of having to pay the additional postage, the seller company did offer to make it up to her by refunding that amount to her. Therefore, what I believe she should have done was, keep the negative rating posted until she’s actually received the refund. Many incidents these sellers promise that they would, but more often than not, they do not follow through. Also, the seller’s said that it weren’t they who had done this but the shipper. So. Give them the benefit of doubt, and until it’s proven otherwise, keep up the negative response. This would have been fair, I think, and would possibly have avoided the lawsuit. Only party making out in this case were the lawyers, I am certain. Finally, my question is this…How was the case resulted? How was it resolved in the end? Anyone aware? Thanks.

  • KDizzle

    I think the answer is for eBay to allow more options for repairing damaged reputations. I've received negative feedback without the buyer contacting me about the problem. I contacted the buyer, made the situation right (at a financial loss), and found out that, because the buyer took 1-2 weeks to respond each time, the time period for revising feedback had expired. For 10% of the gross in every sale, eBay does a piss poor job of serving their sellers. Also, I'd really like to communicate with the heavily accented customer support staff by some form of text (live chat or email), because they are hard to understand even when I do get good cell reception.

  • starbuck

    I have seen there are several people that offer feedback for some small amount of dollars. And I have bought feedback from this one: http://ebayfeedback.tumblr.com
    They gave me nice feedback and i am really satisfied.

  • davis chas

    The buyer should have asked the seller to fix the charge and maybe if she felt a hassle left a neutral feed back. but it seems to me the only way the usps would ask for more money is if its weight or dimensions were wrong from the shipper. so maybe they need to get new scales. if this is not the case they should sue usps for over charging. And causing this distress . Maybe the customer should it was her they asked the monies from. And med xpress could just take her to small claims in there county to remove the feed back and for court expenses . then the customer would not be able to show up probably and they’d win by default. the customer and seller are probably states away from each other. ebay must remove feed back if the court says so. they do say usps is making this kind of situation a lot for the over charging i mean. i Have never had this happen to me as far i can tell. over 1000 shipments.
    i have 1 neg because the buyer dosnt read the words in the add i guess even the ones in the pictures just sees the item and ignores everything else. No asking or contact just leaves neg feed . :(

    • Matt

      I do not agree, they items should be good quality, and the item should not be sold if it is in poor condition, I do not have the time to respond to 25 emails because someone sold me a crappy item and expects me to leave a positive feedback. I buy over $50.000 worth of stuff from eBay yearly for our business. Honesty, period will sell not expecting people to be happy about something that is just junk. don’t send someone an item that is older than the empire state building. unless you state that CLEARLY. I was sent an mp3 player, there was no software for it anymore, no cords to hook it up, nothing was available to make it playable, did the seller explain this, NO. So personally stop crying about attempting to rip someone off and failing at it.

    • tk

      A neutral feedback counts the same as negative feedback in top rated seller defects.

  • Gary

    While this was an idiotic move on the part of the seller, due to the fact no one will want to buy from them now, if you have ever sold on ebay youll find that there will always be buyers that leave bad feedback for reasons out of your control, for no reason at all, and in most cases never bother to contact you to let you fix the problem first. Most of this stems from the fact they dont realize how much ebay penalizes its sellers based on this feedback. Having anything below 99 percent feedback will severly damage a seller. Alot of sellers that arnt selling small cheap trinkets dont sell hundreds and hundreds of items and have to sell 100 items to make up for 1 spiteful buyer. Ebay should make buyers contact sellers before leaving bad feedback and if the problem is not resolved THEN they can do as they please. That or change how the rate sellers because 1 out of 100 buyers tend to be wrong anyway.

  • Maria

    I’m a Seller too and is frustrating when this happen, that was USPS fault since I imagine you entered weight and the systems tells you how much to pay then they ask for more, I have few myself for the same reason, Recently a buyer call us thiefs saying he didn’t get a refund that is on his account for over 10 days, it feels bad, but i guess you can spend only so much time on trying to fix it, it is better to focus on getting better at what you do and giving better service. When buyers do that for such a small thing I just try to think how their lives may be, if they are trying to do harm over 1.44 cents.. cellularmeg on ebay.

  • Danica Orwitz

    I have gotten a negative feedback from a competitor who was trying to get me kicked off! I called eBay to explain and they couldn’t do anything! I was absolutely disgusted when they got rid of the negative feedback feature for buyers.

    http://www.auctionessistance.com

  • macfrog

    I doubt your going to lose business because of $1.40. And I’m doubting that one negative feedback when you have hundreds is enough to hurt your business or to take someone to court over. Frankly, taking them to court is going to cost a hell of a lot more that the negative feedback. People just need to lighten up. I’m sure lots of people have said things to me in my life time and frankly if it worries you that much then you need to find something else to do.

  • eBAY_pROTECTS_BIG_SELLERS

    EBAY NEEDS TO CHANGE ITS POLICY ON NEGATIVE FEEDBACK. PERIOD! YOU SHOULD NOT BE ABLE TO LEAVE NEGATIVE FEEDBACK, UNLESS YOU HAVE OPENED A CASE WITH EBAY AND CONTACTED THE SELLER FIRST!!!!!!!!!!!! THESE ARE LITTLE PEOPLE MADE TO FEEL BIG AND BAD BECAUSE THEY CAN LEAVE A NEGATIVE! I GUESS THEY ARE ALL PERFECT AND ABLE TO PLAY JUDGE AND JURY. THE BIG SELLERS THAT DO SUCK SELL SO MANY ITEMS AND GET 100’S OF NEGATIVES BUT BECAUSE OF SHEAR VOLUME IT DOES NOT HURT THEM. FAIR??????? TELL ME I’M WRONG, TRY. i HAVE BEEN SELLING ON EBAY SINCE 1999………

  • http://gamestop.com Kevin

    I think eBay does way too much for buyers, and no where near enough for sellers. I sold an Xbox 360 bundle one time that a wireless internet adapter with it. Well the buyer received it, and stated that the internet “port” didn’t work. Honest mistake on my part as I used the wireless adapter, never had a need for the “hard wired” port. At first, he wanted almost half of his money back, I told him no, just to return it and I will issue a full refund. He (the buyer) left negative feedback that was a total 100% lie, and being that I only have a feedback score of less that 50, that REALLY hurt my percentage rate. Furthermore, when the buyer returned my items, he didn’t even send back everything I sent. I sold an Xbox 360 bundle, games, controllers, hard drive, ect. When returned, he decided that he was going to keep the brand new $60 dollar game. Guess what? eBay did NOTHING about it. They pretty much flipped a coin and decided that the buyer was the “winner.” When I didn’t receive the game, I immediately contacted eBay, while in the process, I guess the buyer did as well. Mind you, I got my package back at 11:30 AM and the contract states I have 3 days to return the money. Well, by 12:00 PM (half hour) he had eBay forcefully refund the money, which in turn, leaves me stuck with seller fees. eBay even stated to me, “even if you were at work, or just plain out and not home to refund the money the minute the package was delivered to your door, and we have to step in, you’re stuck with the fees.” CAN YOU BELIEVE THAT B.S.?? Any way. point being, as a seller, in this particular case, I sold an item that costed me money. I got screwed on listing fees because I didn’t refund the guy’s money with-in seconds of receiving my package, I lost out on the $27 for shipping charges, AND, the guy blatantly stole my BRAND NEW Grand Theft Auto 5 game which is another $65 after tax. So to sum it all up, I got negative feedback which was a total lie, lost $17 on listing fees, lost $54 for shipping charges, (offered free shipping, so that’s $27 BOTH ways) and to top it all off, I lost out on a brand new in the package $60 Xbox 360 game. So yea, I was robbed, not only robbed, but hurt my reputation as well. All because eBay flips coins to see who wins or looses. I’ll NEVER eBay again! Even filed a claim with the BBB.

  • James Mcgeorge

    I have had negative feed back from a competitor, sellingthe same product for 5 times the price with his advert claiming to be the uks lowest price he went and used another account at the same address purchased our goods we noticed contacted ebay they told us not to ship, then let him leave fantasy feedback, ebay have done nothing to remove it the final response being even though their support told us not to ship and refund which we did, you should have shipped apparently they cant find the call and don’t record them ebay are just liars and lazy. Its cost us a lot of business and the continue to let the competitor place false adverts. EBAY SUCK.

  • BEYOURSELF

    some buyers are scam artists- I had a buyer say a garment was improperly constructed. I offered her a full refund including the shipping costs. She wanted to keep the item and have it repaired herself and then wanted me to pay her for the repair. She was lying!!! Any normal person would return the item. then she left a negative comment after a month had gone by. I had already left a positive comment on her page so I could not retract it after a month. I reported the incident to Ebay way before she left the negative comment so they were able to help me. Don’t join any groups about ebay and selling and if you do join, don’t let them know your Ebay name, because if they don’t like you in the group, they will sabotage your business. I think that is what happened to me.

  • Ebay Seller.

    The buyer obviously has a mental condition and should not be aloud online. surprised they even have a paypal account let alone a bank. eBay better start treating sellers better, its a 50/50 line for buyers and sellers in their interests… But the buyer has all of the rights. Why? to protect the small brains online experience so they will be coming back.

  • http://bazaaristanblue.com Eyup Dinli

    UNFAIR Hi;
    We sold an item to
    Member id bbaymay and had negative feedback from the buyer.
    The negative feedback is
    “Not color described. Had to buy another one. Won’t refund w/o me pay
    shipping.”
    We offered full refund and asked us to pay for the return shipping also
    while in our return policy it writes buyer pays for the retun shipping.
    We didnt make the buyer buy other item it is all aboult according to
    buyer request. The color is exactly like in our listing.Buyer didnt
    actually looked at detail photo in the description probably.
    When i called ebay said this is not removable feedback.While we are
    explaning the colours in our description and listing 8 pictures in
    variation listing and descriting the colour with one by one this is
    totaly unfair and not right feedback.
    We cant also leave negative feedback to buyer so could you please
    explain us if the ebay doesnt care for us while the saying us on phone
    you are right this is not fair and and dont letting us to other sellers
    this is not good buyer how can we care ourselfs and grove our sales and make money.Please share more of this kind of situations and let us change the policies while ebay makes money by sellers.

  • Virginia Solomon

    I’ve left negative feedback from one seller because I ordered an item from her that came with free shipping. When I got the package get this… I had to pay $8 for shipping! So she didn’t pay for shipping at all. It was a smaller sized vintage camera so that $8 was the bulk of the cost to ship it. I could see she printed the label at home. I politely told her about the charge and she insisted she paid for the shipping but wouldn’t provide proof. I contacted the post office they verified she’d barely paid anything to cover the cost of the shipping. She never offered a refund, not even after I had no choice but to leave negative feedback. She replied to my feedback that she paid for shipping and that’s it. If sellers would get their butts to the post office to send an item with the correct amount paid, this would be less of an issue (especially if you are just selling used goods). This seller suing in the article is a bit silly as it clearly isn’t going to help them in any way but in this case I think the buyer was messed up because they offered to pay the amount she had to pay. I wouldn’t have left negative feedback for the seller I mentioned either if she’d just refunded me $8. I had a receipt with her tracking number for the amount. This buyer who was offered to be repaid but left negative FB anyway was messed up for doing so.

    • Brandon Sander

      She had to of paid for shipping.. She sent it in the wrong box. You should have refused the shipment and sent it back to her. She would have then learned which box to use because she would have to pay again for shipping.

  • Selmabody

    My customer had bought the same item several times and gave positive feedback. She bought another for a friend and the day after I shipped it she wanted to cancel the sale because her friend did not want it. I told her that it had already shipped but not to worry, when it arrived, I would send her a pre-paid return label. She demanded her refund before it even arrived. I told her no so she opened a case stating “Item not as described” two days before delivery!
    I recinded my offer to pay for the return ($15.98) when she opened the case since the new policy counts that against the seller and because she lied about the item. Of course she went nuts and left negative feedback for the sale. SHE wanted to cancel after it was shipped. SHE opened a case for “not as described” two days before delivery, I get a negative with no option to leave her one for the insane way she took the transaction. I am sick and tired of the seller getting the shaft. WE pay the bills at eBay and are treated like @#$% !!
    Buyers should have to have attempted to contact the seller at LEAST one time before the option for a case OR a adverse feedback is available. eBay has the ability to do this, they apply time limits as to when we can apply for our seller fees to be returned for unpaid sales, they can also check the message system and apply the time counter to a buyer to seller message. IF the seller does not reply within the limit, they deserve what they get . I DID NOT deserve what I got. eBay can read the messages and clearly see that she wanted both the item AND a refund. When I did not provide both, I got hit. eBay says “nothing we can do” However, if I were to treat any customer in the same manner, I would be banned. Pure BS!

  • Rob Ert

    I think ebay should remove undeserved negative feedback when there is proof a seller made a honest mistake and did everything possible to correct the issue and the seller has not shown a pattern of making the same mistake. Ebay can determine if a seller has handled a issue properly and promptly with a buyer by looking at any communication between the the 2 party’s. We all must rember there will always be mental buyers who can never be made happy, also many negative feedback’s are given by members with very little ebay experience, members with less than 100 beside their username. Newbie buyers should be held to stricter standards regarding leaving negative feedback, ebay should determine if a newbie buyer is justified in leaving negative feedback and determine if the feedback will be applied. Remember some sellers are dishonest and deserve negative feedback. When a honest seller with more than 2000 positive feedback’s gets a negative feedback not deserved, ebay should do more for the seller to protect them from undeserved neg feedback, especially if the seller did everything they should have to resolve the problem….. Regarding the lawsuit, The buyer sounds like a crybaby, if the seller offered to pay the $1.44, then the problem was solved in my opinion… Maybe the sellers scale failed, stuff happens, maybe the problem was at the post office, maybe the seller is a dingbat….who knows…. The lawsuit seems to be a bit extreme. But as a seller my self, I understand the importance of good feedback, a buyer can usually tell by looking at all of the sellers feedback and determining if the seller is a bad seller of if they got a few undeserved feedbacks by a newbie or crybaby seller… ebay does have a unfair feedback system to an extent, ebay can look at the communications if any and determine for the most part if the seller did the right thing or not to resolve a problem… Some buyers just complain and are never happy, some of them leave more negative feedback than good sometimes…

  • It’s sad

    Bottom line is, eBay doesn’t care about their sellers at all. They jump through hoops for the buyer but does crap for the seller. Plus, you have to love a company that you can’t get ahold of or makes it impossible to find a way to contact them. And when they do ask you for feedback, ever notice that once you press send you get a notice that says “you may not receive a response but please know we appreciate your feedback”? I’ve worked in the Fortune 500 long enough to know that means your feedback just went nowhere. It’s really sad…

    • REMOVALDOG

      Yer know you ALMOST nailed it when you said “ebay does crap for the seller”…ebay DOES crap,ON the seller.ebay RIGGED feedback.I have seen positive “negative” feedback,in fact 5 of 25 (25 FB’s per page by default) positive “negative” feedbacks,3 on the trot (1 after the other) for non payment,yet STILL this ebayer had a 100% positive FB score.Others who have retracted 60+ bids in 6 months,yet STILL have a …you got it,100% FB score

      Positive “negative”?…
      Buyer won auction,but didn’t collect,didn’t pay,or didn’t contact
      take yer pick.

  • http://www.brassbay.com/ EduMan56

    I *just* had a seller on ebay ship a defective screen for a laptop.
    the connector was a replacement connector. (lcdbeststore obtained rejects from a supplier, soldiered the connectors on incorrectly and shipped them.

    I bought one. It arrived, I put it on the connector of the laptop and BOOM!
    blew the video chip on the mainboard. Should be banned right? nope.
    and not paying for it! so, I left negative feedback. Now, $1.44 ?

    She should not have to remove her comment, but the user shouldn’t have left negative feedback about a postal calculation, that was not available to the seller, or if the seller miscalculated the 12 dollar amount regarding shipping costs. I agree, that aside from fraud, gouging, not shipping , wrong items and outright sabotage, not much else should be counted as a negative comment. I have seen pirated software, stolen items, just all sorts of junk and horrendous stories about buyer experiences, but I have also seen totally unfair Seller experiences as well. My largest sale on Ebay was over 1700, with positive feedback (for a friend). And friends selling on Ebay have shared their experiences with me and I have seen their desktop and laptop screens while they are complaining . ( I work as a computer/network/Web/programming support person.) An extended time for revising feedback with an arbitrator or referee (for the sellers requests) would be good , cost effective idea.

  • steveskis2

    The woman’s a bitch and should be sued. the company made things right and at that point she should have taken her feedback down or at least moved it to neutral. I’ve had dealings where a buyer complained about something, I have requested they send the item back for a refund and they refuse but want full reimbursement. They then leave negative feedback because they weren’t successful in their scam for a free item and ebay refuses to remove the feedback despite witnessing the communication. feedback should be a TWO WAY Street. If buyers are allowed to leave neg fdback so should sellers!

  • boompow

    ebays policy for feedback only serves right its purpose. true in fact that defamation is a violation of law and ebay is will to remove it. but the whole reason why the feedback system is there on the 1st place is to let customers express how they feel and what their experience is. ebay may not be able to control the words that are being used but agains as said on the article. its a free of speach unless proven defamatory. and not all the time its the buyer who has a problem, most of the time its the seller not trusting their buyers.

  • polly

    eBay should allow sellers to rate buyers too. Some buyers are easy. They can read and fill out their address correctly, other buyers just take out their aggressions on eBay sellers because ebay sellers can’t say anything back without hurting their star reputation. Negative feedback should be more of a process rather than at the whim of a buyer.

  • j

    be careful from seller ronaldbower2012 !!!!!!

    i ordered brand new timberland boots at August. i receive poor quality. after i talk to this seller we agreed that i will send the shoes back, and get refund. the seller promise that when the shipment arrives he will contact me. after one and 1/2 month i asked whats going on, and he said it arrived and forgot to tell me. since than i chased him for 2 months, at start he ignored all my messages, and when i threatened him i’ll leave bad feedback he gave excuses that he need my email and other problems with paypal (i got refund before from another seller so its not true) . i sent the mail, and gave him solution for paypal. since than- he ignored me again. and didnt answer my messages.

    Bottom line- ronaldbower2012 kept the shoes and my money (120 gbp!!).. he took advantage of the fact that it has been more than 60 days and ebay cant help, and i cant open a case. he tricked me.he is not honest. since august i chased him, until today…. be careful from this seller..

    i have everything documented.

    • Deandra Craig

      That was a stupid mistake on your part for waiting that long to receive your money. I would only wait 3-5 days, then file a claim. Smh and I’m a seller

  • http://www.ScottNeumanforCongress.com/ Recordweb

    I recently had a customer want to return something I clearly marked as “No Returns”. He calls me after he gets it and says he found it cheaper somewhere else and wanted to return it. This after he offered me a lower price to start with then what I had it listed for. Two weeks later, he leaves me a negative rating for his buyers remorse. I’m trying to get Ebay to remove it since it doesn’t in anyway meet EBay’s guidelines for negative feed back and in fact, I did everything perfectly as per my listings. I was at 100% before this negative and have been on Ebay since 1996. I am a power seller. This is just a customer trying to take advantage. At some point, you have to put your foot down and respond when a customer tries to steal from you. It hurts all sellers on Ebay if you allow customers to rip you off.

    • Deandra Craig

      I agree with you. eBay dont bother to take 2 minutes to investigate things like this.

  • REMOVALDOG

    It’s bad enough that sellers are blocked from giving anything BUT positive feedback,in what is in effect a RIGGED system,but to top it all off,ebay won’t even take into consideration when a buyer doesn’t PAY once,twice even THREE TIMES ON THE TROT,in fact 1 “buyer” didn’t/hasn’t paid for 5 of the last 25 (25 FB’s per page,by default) and is SAID to have been reported to ebay for Non payment at least twice,yet STILL has a 100% feedback score? HOW the HELL can ebay justify THAT?.

    I took this (cut n paste) from an ebay “Help” page
    “Your Feedback Profile is a valuable asset that helps you earn the trust of other eBay members”

    Are you SERIOUS ebay?.

    It’s unfortunate ebay doesn’t go on to say
    “However,since we at ebay have RIGGED feedback,you haven’t got a CLUE if your “trading partner” is gonna pay up when he/she wins,or whether or not they’ve retracted any bids,so good luck…yer gonna need it”

  • Brandon Sander

    eBay needs to easily allow users to change negative reviews to positive or neutral. They should also give sellers more capabilities. There are so many people out there that are rude and just hard to please, ebay has made these monsters even worse. This seller is not deserving of negative feedback because there was a shipping cost incurred that the seller had to pay for. The seller could have refused the shipment or paid it and got reimbursed. Now, if the seller refused to pay the small fee, then negative feedback would be warranted at that point but this buyer is just ridiculous. No one is perfect and often times there is hassle in life but the good companies and sellers fix it quickly and the poor ones do not. In this case, I actually don’t mind the legal action but EBAY should fix their system so this type of thing is not needed.

    Ebay’s feedback system is seriously lacking.

    • REMOVALDOG

      I now find myself checking feedback for other ebayers in an auction I want to bid in,and have found a NUMBER of “buyers” (if they pay when they win) with upto 60+ retractions in 6 months,yet STILL ebay protect their feedback?…I wonder how many auctions were screwed up by them?.

      The WHOLE point of feedback was blown out of the water,the day ebay said a seller can ONLY leave POSITIVE feedback,or no feedback at all

      • Brandon Sander

        absolutely, that was totally ridiculous.

      • Deandra Craig

        It gives buyers insight on how to screw sellers. They use the feedback system and dsr ratings to get what they want. They use this too scare sellers. Sellers are so desperate to please buyers to the point we are losing money while eBay still gets their 10%.

        Then these people move on to rip someone else off. eBay should monitor buyers with non payments. They use to receive a strike and get an account closure.

        Some of these fraud buyers are sellers as well , so they kno how to get over on the system.

        I thought in the past to rip someone off cuz I was so pissed at eBay for allowing me to get ripped off but as a seller who hates this, I just can’t do it.

        • REMOVALDOG

          At the end of the day,it all boils down to who you get on the other end of the phone,at ebay CS….and Paypal

          1st off,I was able to have a NEG feedback from a “buyer” who (along with another buyer) screwed up my auction,removed…eventually,but that was a SIDE issue.

          I had to contact ebay,when a Tassimo machine I “won”,and was said to be in Excellent condition,was in fact both DAMAGED,and FILTHY,and to top it all off,was said to be a T20,but was actually a T43.

          The seller said.
          “Sorry,but I did say I don’t do returns”
          or words to the efferct,so I open a case…ebay thought through it (still are,I believe) but I also contacted paypal,who reviewed the contacts,and photos,supplied by me,of this FILTHY DAMAGED “T20″) and said. “Your scheduled payment has been cancelled,you can do what you want with the machine…keep it,bin it,your choice” again,words to the effect….JUSTICE.

          Now ebay and Paypal have parted company,perhaps this is why I got such a good result from Paypal?

  • donewithebay

    I have an item waiting for me at the post office with about 4.00 due on a clothing item. No mistake here.

  • MrEunderhill

    You guys might find this note I got from a seller interesting. I won’t post the whole thing as it is rather long. I’ll just post the relevant parts.

    “If you have a problem with your order no matter what it is please take the following steps to report it to us for a smooth and prompt resolution.

    We are committed to our customers and with thousands of parts in our inventory mistakes do happen.

    Ebay has made it very difficult to do business and does not tell buyers that most Ebay communication methods lead to hidden negative strikes against sellers which buyers don’t see no matter what the issue is.”

    They go on explaining how you can contact them outside of Ebay to resolve the issue. They also explain how to use Ebay’s communication to avoid giving negative strikes against the seller and opening a claim without the buyer even knowing a claim was even opened.

    “Contact us by using ebay use the ‘I have a question about using my item or I want to send the seller a message’ option when choosing a reason as any other reason could potentially open a claim without your knowledge. That is correct ebay will trick you and on top of that they are keeping track and suspending buyers who open too many claims. Please do not use the options ‘item not as described or I need to return my item’

    Just write us a note and we will take it from there but please avoid all other choices provided by ebay.”

    I knew of the first part. The second part was an eye opener. I wish enough buyers would leave this crooked and babelonish system for a place much better and honest.

    • REMOVALDOG

      ebay is a JOKE,ebay CS is PATHETIC .

      They simply CAN NOT be trusted,since they RIGGED the feedback system,back in 2008,and now you say buyers who open too many cases,can be suspended?…BLOODY Outrageous

      Mind you,”buyers” (if they pay,when they win) can also retract 30,40,50,60 times in a 6 month period,yet STILL maintain a 100% feedback score,and if they win,yet fail to pay? 1,2,3 times? on the trot?,yes…you got it,they can STILL maintain a 100% feedback score? AH yes ebay…it’s good to know that thanks to you,we can TRUST the feedback of our “Trading partner”

      I get the feeling that ebay will go the extra mile to DRAG OUT any issue between seller and buyer,in the hope the problem will simply…go away,where as PayPal took care of my little problem,within the hour (not 30 days) PayPal reviewed emails,checked photos I supplied,and as a result,cancelled my P.A.D payment,and told me to do whatEVER I wanted with the item…keep it,DUMP it,whatever,yet ebay were STILL involved some 3 weeks later,banging on about how I still hadn’t returned it,and wouldn’t get my “refund” until I had…what refund,ebay?

      OH,and what of the SELLER? the seller who’d made it CRYSTAL clear he “didn’t do returns”? Obviously he’d been told I wouldn’t be charged,as NOW he wants his property back,since (as he put it) I have,in effect STOLEN it,and if he doesn’t get it back,he’ll report me to the police.ummm.

      The thing is,he failed to mention to anybody that he HAD been paid by PayPal,and wouldn’t be asked to repay them…Chancer

      • MrEunderhill

        “and now you say”

        I’m not the one saying this. This is coming from a note I found with my order
        that an Ebay seller put there. I am merely just relaying what that seller is
        saying. And before anyone asks, No, I will not say who this seller is. This
        seller is a good seller and I will not expose him to Ebay. As far as I am
        concerned more power to this seller for exposing yet more Ebay trickery. I just
        hope the flaky buyers don’t expose him.

        “ebay CS is PATHETIC”

        I think it always has been that way since day one.

        “ebay is a JOKE”

        It’s more than just a sad joke, it’s a terrible place to do business period.
        It’s only getting worse as time goes on. This is why I want to see the buyes get
        off of Ebay. They are the one’s who are driving it’s popularity. Because of this
        popularity, the sellers who have left Ebay just don’t get the sales they did on
        Ebay. When I say buyers, I mean the good buyes. The bad buyers can stay on Ebay
        along with the bad sellers. They deserve each other. Of course this would only
        happen in an ideal world, which the real world is not. With an honest site we
        could weed these creeps out.

        “They simply CAN NOT be trusted,since they RIGGED the feedback system,back in
        2008″

        From what this seller is saying, Ebay did more than just rig the feedback
        system. They rigged the communications system as well. Selecting the wrong
        option can cause problems for both the seller and the buyer. With the buyer
        being unaware of what is truly going on and leaving the seller holding the bag.

        “and now you say buyers who open too many claims,can be suspended?”

        Keep in mind the seller is saying that the buyer has no idea that these claims
        are being opened. Ebay is doing so behind the buyers back when they selecting the wrong
        communications options. And if the buyer gets too many of these secret claims opened they get suspended.I have always wondered about the reasons for those
        options in the first place. Now I know and will certainly be careful to select the
        options that don’t open a claim. I’m certain that there have been many buyers
        that have fallen into this trap and had no clue what had happened or why they
        got suspended.

        As for the rest of your post, I’ll leave it as your own seller horror
        experience. I have no comments on that.

        • REMOVALDOG

          As a matter of interest,what part of the world are you from? I’m just curious,as I’m a little confused by the way you come across.

          I like ebay,I like doing business on ebay…as a buyer mostly,but now and again as a seller,just when I need to have a clear-out.

          999.9% of the time,it all goes well,both buying and selling,but now and then it goes,as some might say…a bit Pear shaped (wrong) still,since my last little “problem” (as a buyer) was resolved in record time by Paypal,I’m happy.

          • MrEunderhill

            I am American, from the southwestern part of the country. And I gather that you are British.

            I don’t mind using Ebay to buy from, but I really hate having anything dishonest involved in my dealings. That’s why I want to see Ebay replaced with something much better.

            I tried to sell something over 10 years ago and got a bad buyer. I just contacted CS and they just cancelled the sell without telling either me or the buyer that they did and just swept the whole thing under the rug. I was like um, ok!? After that I decided that selling on Ebay was a bad idea. Now I see it as a horrible idea today.

          • REMOVALDOG

            You gather correctly :-) I guess you picked up on the terminology?

            American eh. I seem to remember getting into a Blog when I had issues with ebay (as you do) and was surprised that you (Americans) also had problems with them. I had this crazy notion that ebay wouldn’t be able to pull the same strokes (take liberties) in America,as they do/can in the UK,and (I guess) in just about every other country they operate in,but they do…still,we ARE talking MEGA Bucks,and,as we all know,money talks.

            I’ve had a few On-line chats with ebay CS over the “Sellers can ONLY leave POSITIVE feedback for a buyer,or no feedback at all” policy…CRAzy,and to think somebody probably got a bonus for coming up with THAT little gem of an idea…it’s a FUNNY old world,don’t yer think?

            ALL THE BEST.