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?

[*tippy*toes*]

Did you contact the seller before thinking long and hard about leaving negative feedback for the item you didn't get? Yes, if a seller feels negative feedback isn't warranted, they can take legal action to get it removed. I don't have time to go looking, but I believe there have been a few that have done just that.

[k1ooo-slr-sales]

if it is defamotory it is possible. It may depend on whether they have an ID that allows them to be identifiable and therefore suffer damage to their reputation.

[*tippy*toes* · Accepted solution]

I also think they tend to take the action against eBay to force removal, rather than go after the buyer. Although if the buyer is out and out defaming the seller, then they may take action against the buyer.

I think it's probably an empty threat by the seller. A high volume seller with 98% feedback. I'm not sure why one more negative would bother them. They're already got 100 and something more. Are they going to go after all those buyers? I think not.

[kopenhagen5]

I wouldn't worry, that seller has 190 negs and it's probably just idle threats in the hope you might revise it.

But as pointed out I hope you gave the seller the opportunity to rectify especially if it's Aust Post that has lost the item.

[chameleon54]

I,m not a lawyer, but my understanding is a statement is only classed as defamatory if it is not true. If the sellers communication was poor and you did not recieve the item you have only stated the truth and not defamed the seller. Your feedback was unemotional and appears factual. If it is all true you should not have anything to worry about.

My guess is the seller is just trying to bully you into changing your feedback and is highly unlikely to follow through with legal action. If he did go down this path, he would have difficulty winning the case if your feedback is accurate.

[chameleon54]

Just another thought. Was the item sent with tracking ? Sometimes parcels are stolen from unsecure mail boxes or the postie leaves them at the door where they are visible to the public. This is not the sellers fault.

If tracking shows the item was delivered, the seller would be justified in contacting ebay and requesting to have your feedback removed. Threatening legal action is still a bit pathetic in this situation though and probably just a bluff.

[digital*ghost]

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@camillep6669 wrote:

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?

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The answer to both questions I bolded is yes (as in, yes I've heard of it happening, and yes it's allowed - there are no laws, nor can there be any eBay policies, that remove the right of a person or business pursuing damages through the legal system, if they are so inclined).

I am not suggesting it's something your seller would have grounds to do, just trying to clarify some general facts outside of any specific cases.

This case (from 2014, and cited as one of the first of its kind) was not successful (the article explains why) and also involved more than just eBay feedback (the buyer had also posted negative comments to social media sites), but it highlights the importance of being mindful, and truthful, when posting publicly about people and/or businesses.

http://www.smh.com.au/national/negative-feedback-on-ebay-emerges-as-new-defamation-battleground-2014...

[chameleon54]

I,ve just had a look at Australian defamation law and it appears that as expected, truth is a complete defence against defamation claims. If the feedback you left was factual and completely true, you have nothing to worry about.

If the item was sent with tracking that showed the item was delivered, but you have not recieved it, it may be more of a grey area as your feedback suggests the seller may be responsible for this. It may be the postal or courier service at fault. Basically some extra information on wether the item was sent with tracking would help with responses to your concerns..

[camillep6669]

No tracking was provided unfortunately 😞