How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MDLaw Your Own Question

MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5839
Experience:  Experience in business law, contract law and related matters.
16277701
Type Your Business Law Question Here...
MDLaw is online now
A new question is answered every 9 seconds

I would like to know if anyone has successfully gotten eBay

Customer Question

I would like to know if anyone has successfully gotten eBay to remove negative feedback and how they did it.
Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you this evening.

Are you asking about how to remove negative feedback through legal means or through Ebay's system? Can you please provide some background as to what information you are seeking and the facts behind this?

Customer: replied 1 year ago.
... through legal means. eBay refuses to remove it because "it doesnt meet their criteria". I listed an item for sale and stated delivery dates. A customer buys the item, then wants to know when it will be delivered. I told him "as stated in the listing". He gets all worked up, sends rude emails, so I cancel the sale and refund his money immediately. He gets even madder and leaves untrue feedback, thereby injuring my reputation. Negative feedback on eBay is poisonous to a seller's credibility.
Expert:  MDLaw replied 1 year ago.
What was the feedback that was left? What specifically was stated? Did you cancel the sale after the buyer paid or did he pay after you told him that you were cancelling the transaction? How many feedbacks do you have? How many negative feedbacks do you have?
Customer: replied 1 year ago.
"This seller cancelled my order because we wanted to raise the price. Beware!"

He left feedback after I canceled his order and refunded his money in full.

I had 66 feedbacks with 100% positive rating; now with 98.4% positive.
Expert:  MDLaw replied 1 year ago.
If you indeed did try to charge him more, then the feedback would be considered the truth (since you admit to cancelling the order) and you would lose a defamation case against him. The only way Ebay will remove a feedback that does not violate Ebay rules (and as an Ebay seller myself for over 10 years with several thousand feedback, I know Ebay rules pretty well) is if you have a court order. To get a court order, you would need to win your defamation case. That being said, yes, there have been people that have been successful in suing those who leave truly defamatory feedback but there are very few and there are a couple of reasons why this is so. The first reason is that most buyers and sellers don't live in the same state and the cost of travelling to a different state to sue over a feedback on Ebay doesn't make sense to most financially. The second reason is that it is very difficult to win a defamation case since many of the negative feedbacks left deal with the buyer's opinion. Even when someone is successful in winning their defamation case, the monetary judgment is usually nominal.

The above is the legal aspect of suing for defamation. As an Ebay seller, I will tell you this. Ebay allows you to not only reply to the negative feedback (i.e. if you did not raise the price, you can state that in your reply and potential buyers will see that) but Ebay also allows you to ask the bidder/winner to retract their negative feedback. If you only have 66 feedback, my guess is that you are a new Ebay seller. It was technically against the rules for you (and a breach of contract, legally) to cancel the transaction without a valid reason. Valid reasons would include, for example, if you find out that the buyer stole someone's account or is using false information. Your best bet is to try to smooth things over with the buyer and ask them to remove the feedback since it will cost you quite a bit to sue, even in small claims court.

Please let me know if you need any additional information. Thanks! Sorry that you had a bad experience with a buyer. Luckily, rude buyers are rare. I only get maybe 2 or 3 a year out of the hundreds of transactions that I do. More often than not, being nice turns them around!

MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5839
Experience: Experience in business law, contract law and related matters.
MDLaw and 7 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.
I did not try to raise the price "on him". In my original listing, I stated "item ships for free on or before April 29/30". The day after he placed an order, he wrote me asking when I was going to ship his item. I replied that I would ship on 4/29 or 4/30 as stated in the ad. He then, essentially demanded that I ship it earlier, which was impossible. I've been selling on eBay for 20 years, just not with this account. I knew the guy was going to be trouble no matter what I did, so I refunded his money immediately, thinking, erroneously, that my move was a preemptive strike under the circumstances. The fact that I raised the price was because I was, and am, testing the market for this product. I've changed it twice since. The eBay CSR with whom I spoke agreed that I did everything I could to mitigate the situation and recommended to his "specialist" that the feedback be stricken. The "specialist" however, refused to do so, even though she agreed with the CSR.
Customer: replied 1 year ago.
How is it that Ebay can get away from liability by claiming that they are only the repository of negative feedback when they also claim to have the right to affirm it or remove it ?
Expert:  MDLaw replied 1 year ago.
Hi again.

What do you mean when you say that they have the right to affirm it?
Customer: replied 1 year ago.
Maybe that's not the best assessment, but they essentially affirm negative feedback by refusing disaffirmation which they maintain the right/option to do so as sole arbiter regardless how egregious or inaccurate the comments are.
Expert:  MDLaw replied 1 year ago.
Okay. As far as liability, what liability is it that you are claiming they are avoiding, exactly?
Customer: replied 1 year ago.
Never mind. Thanks
Expert:  MDLaw replied 1 year ago.
Ok :)

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA