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eBay Seller Sues Buyer Over Negative Feedback

It was over $1.44 postage due

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eBay Seller Sues Buyer Over Negative Feedback
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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]

eBay Seller Sues Buyer Over Negative Feedback
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  • 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.