LAWSUITS to have feedback removed

[Modee]

Not the first time this has been attempted:
Disparaging eBay comment sparks lawsuit

Disparaging eBay comment sparks lawsuit
Be careful about comments you post on eBay, or you may end up in court.

That was illustrated Wednesday when Nikki Foote of Henderson was sued over comments she allegedly posted charging that the Gucci handbag she purchased for $495 was a counterfeit.

The seller, Ruhanieh Badi’i of Austin, Texas, insists the bag is authentic and says the comments have hurt the eBay trading business that is the plaintiff’s livelihood.

Badi’i says eBay buyer “nikki809” — identified in the suit as Foote — was asked to remove the comment.

But nikki809 has declined to do so, Badi’i says. The suit says eBay was asked to take it down but refused and told Badi’i to get a court order.

Foote could not be located for comment and also could not be contacted through the eBay account that Badi’i says is assigned to her.

At issue is a brown, extra large tote bag-purse. In photos on eBay, the Gucci brand is shown on the handbag.

Attached to the lawsuit are e-mails between nikki809 and Badi’i. In one, nikki809 said she took the bag to a Gucci store and was told by personnel there that it was not authentic. Badi’i challenged what nikki809 was told at the Gucci store.

The lawsuit, filed in Clark County District Court, says Badi’i told nikki809 she could return the bag, but nikki809 has not done so.


but one way to do it.

Another example, from 2006:
https://www.highbeam.com/doc/1G1-149552857.html
eBay Feedback Destroys Businesses

[Sake-Pookie]

Can anyone direct me on how to get a court order to have negative slanderous feedback comments removed?

[Modee]

eBay defamation suit centers on Web comments about seller

eBay defamation suit centers on Web comments about seller - Friday, Jan. 8, 2010 | 12:02 p.m. - Las Vegas Sun

A judge has dismissed three of the claims in a lawsuit over a Nevada woman's allegedly disparaging comments about an eBay seller -- but attorneys continue litigating remaining issues in the complaint including a count of defamation.

The lawsuit, filed in Clark County District Court in Las Vegas on June 24, has attracted the attention of some eBay participants by highlighting the issue of how much freedom eBay buyers should have to publicly complain about purchases they make on the online selling exchange.

Nikki Foote of Henderson, also known as Kristy Cunningham, was sued over comments Foote allegedly publicly posted on eBay as user "nikki809" charging that the Gucci handbag she purchased for $495 was a ****.

The seller, Ruhanieh Badi’i of Austin, Texas, insists the bag is authentic and says the comments have hurt the eBay trading business that is her livelihood.

District Judge Douglas Herndon last month dismissed counts in the lawsuit alleging unjust enrichment, conversion and deceptive trade practices and gave Badi'i time to file an amended lawsuit.

Badi'i and her husband Faris Badi'i, who initially had no attorney in the case, hired Las Vegas lawyer Rebecca Teale Balint, who on Dec. 14 filed an amended suit asserting claims of breach of contract, breach of the implied covenant of good faith and fair dealing, defamation and portraying the plaintiffs in a false light.

The Badi'is continue to assert that eBay will not remove the "false and disparaging comments" from its feedback system without a court order or the consent of Foote/Cunningham.

The new suit also charges that Foote/Cunningham created a claim with Paypal falsely asserting the handbag was an imitation and that Paypal then confiscated from the Badi’is $506.95 -- the cost of the bag including shipping and handling -- and refunded that money to Foote/Cunningham.

"Ms. Foote and/or Ms. Cunningham never intended to pay plaintiffs for the handbag and instead engaged in this ruse to obtain a luxury handbag from plaintiffs for free," the suit charges, adding Foote/Cunningham eventually agreed to return the handbag at issue after being sued.

The new suit seeks unspecified general and punitive damages and an order requiring the allegedly disparaging comments to be removed from eBay.

A Las Vegas attorney for Foote/Cunningham, Julie Sanpei, filed a response Dec. 28 denying the allegations and stating: "Defendants did not either knowingly, in reckless disregard or negligently make an allegedly false allegation against plaintiffs."

Sanpei couldn’t immediately be reached for further comment.

Faris Badi’i said Friday that Foote/Cunningham sent the Badi’is a box supposed to be containing the returned handbag, but that the Badi’is have not yet opened it and only plan to do so with witnesses present or under court supervision so as to prevent any disputes as to what is in the box.
He said that for him, the lawsuit is not about whether fair criticism of eBay sellers should be allowed.

"This is about the fact she posted false information," he said.

[harpman777]

being sued for negative feedback!

here's my story i bought a vacuun for 39 dollars out of indiana i'm in mn . this was in november i asked him if he would ship it and how much . i paid seventy dollars to have him ship it . this was done in dec i received nothing . i loook on his feedback and there are people who did not receive their item . i'm getting worried , after calling several times he says oh i sent it and i don't have the shipping tracking number but i will send it to you , i asked him 5 times to send me tracking number no response, never did receive it.acouple of weeks go by and nothing i tried calling several times and no return phone calls , i finally blocked my number from being seen and called him he answers and says ups held it up for bad packing . at that point i just wanted my money back , he said i will do it tonight , two days later nothing tried callling emailing . nothing finally i left negative feedback. i received my money shortly after posting my negative feedback followed by a phone call threatening to sue me if i did not remove negative feedback. i'm tyhinking to myself this guy is a crook he's already got a couple of people that never received there product . he would not respond to me or my calls , i am thinking other people need to be warned , now i have a registered letter telling me i have to appear in small claim court in indiana or be fined 175 . his mcomplaint states " seekin court order for ebay to remove feedback and nd damages caused by false /unfair feedback remarks left through ebay"
is there no recourse , against this kind of frivolous lawsuit. do i have to travel to indiana and fight this and if i do can i not sel for damages/expenses for having to defend this .?

[Dr.Yes]

I'm not an attorney... but if someone threatened to sue me over a matter of 175 dollars, I might have to go the doctor after I almost die of laughter.

This being the great country of the USA, anyone can be sued at any time for any reason. For example, I could sue you for grammatical errors in your post, and the mental trauma it caused me in responding, and the damages... blah blah blah.


I wouldn't pay any attention to it. Of course, there are things you can do through eBay. I believe threatening someone is a serious violation of the terms of service with eBay.... if they were to be notified, by say.... you and everyone who else left him feedback? I'm sure he wouldn't be on eBay for long.

[Modee]

harpman777, you need tech support to address this important issue.