Can sellers file legal actions against buyers for negative feedback?

[camillep6669]

Just wondering if anyone has heard or gone through the process of a seller claiming legal action against a buyer for leaving negative feedback? I recently had a bad experience with a seller and thought long and hard prior to leaving negative feedback (for the first time ever), and they are now threatening a civil claim against me for leaving negative feedback. Is this even allowed?

[camillep6669]

Hi, yes I contacted the seller on 2 different ocassions, once asking if the item had been posted almost a week after paying, and again a week and a half later. They responded to my first email, but not the second. I waited a few days but still no reply and no offer of tracking or confirmation of postage. They only marked it as posted after the feedback was left

[the_pooze]

I honestly wouldn't worry too much.  Looking at the Sellers recent negative feedback they'll be up to their eyeballs in Legal costs if they're going to pursue action against everyone that's posted feedback virtually identical to yours.  I definititely believe it's just an attempt to intimidate you into changing the feedback.

Probably worth reporting their threats of legal action to eBay.  Probably amount to nothing but, if everyone that they would sent that sort of message to reported it, well, you never know.

[springyzone]

I most definitely would not worry. It looks as if this seller makes a bit of a habit with it. Look down at some of their other neg feedback. One buyer claims the seller threatened him with legal action and the seller responds that it is a lie, he never did.

This would be a civil, not a criminal case. Do you really think any lawyer would encourage any seller to pursue this in a court? You haven't made any threats, all you have done is give ordinary feedback. This fellow would be told to go away and forget it by any competent solicior as the legal costs would be way more than the whole thing is worth.

I would virtually guarantee this as I have a friend who went to a solicitor to see about where she stood, after having pretty serious defamation thrown at her online. The response by the legal firm was that it was not  done to her under her own name, it did not identify her to everyone, it did not damage her business etc, there was not a lot she would get out of it. She could pursue it but it would come at great cost-maybe as much as $20,000.

Ignore the guy, he is bluffing. Or else he hasn't seriously gone to a legal firm to find out just what it would set him back.

[chameleon54]

WOW, 562 positive feedbacks for the month and 106 either neutral or negative. How does ebay allow this guy to go on selling ?????

[springyzone]

They probably don't care because he seems to sell a lot, so I guess they get their commission.

I agree though, he is raking in a neg or neutral  for every 5 or 6 transactions, which isn't great.

He'd have an expensive time suing them all.

[digital*ghost]

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@chameleon54 wrote:

WOW, 562 positive feedbacks for the month and 106 either neutral or negative. How does ebay allow this guy to go on selling ?????

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Interestingly (or maybe not  ), nearly half of all their bad feedback has been in the last month. If you just look at the neg count, they averaged around 12 negs a month until recently, when they copped the 72 in the last month.  

Unless they start accruing defects, though (not resolving disputes, refunding out of stock), their account will likely remain largely unscathed. 

[springyzone]

I was at a loose end so sat back and had a read through the negs given to that seller. He makes a habit of replying and a few times has said it has become a legal matter or he is reporting it to the police. Some of the buyer feedback is that he threatened legal action (which he denies).

Basically, he has a problem with the speed of his delivery and with replying to queries within a reasonable time.

Personally I would expect queries to be answered within 2 business days, anything else is a bit slack. Nothing is more offputting to customers than to wait a week for a reply or to see that items weren't posted out within a week. Doesn't matter what this seller says ebay policy is, that is what a lot of ebay buyers will expect.

If a seller can't do those things-send off within that time frame or answer questions within a couple of (business) days, then maybe they should rethink ebay.