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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3525
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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E bay has suspended and removed all my listings in clothing

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E bay has suspended and removed all my listings in clothing and told me i will never list again in this category,they claim my items provide a bad selling experience and claim the are not authentic,They had me on a 90 day selling restriction form 3rd July and when i called them to question the restriction after 90 days they then suspended my account and removed my listings claiming trademark and intellectual property rights and after reviewing my account the feedback was not up to standard.Initially when they restricted my account on 3rd July i contacted them and they informed me the rights owner (Ralph Lauren ) had asked for my listing to be removed. I contacted Ralph Lauren direct and they informed me this was not the case at all and had no knowledge of what i was talking about. I returned to e bay who then changed the story to a lack of description and photos,total nonsense as every listing i have has in the region of 10-20 photos and a full and detailed description of which i have proof. I personally purchase each and every item i sell straight from the store with every single receipt of purchase to attach to every single item i have sold.E bay has been forwarded many of my receipts to their trust and safety team who simply said these were also fake.I then forwarded them the e mails from Ralph Lauren and they simply said they do not accept forwarded e mails after it was them who asked me to contact Ralph Lauren in the first place.My account is or should i say was Top Rated and under their own heading states "consistently receives and delivers great service". I now have no living at all and want advice on how i can take e bay to court for slander,claiming my items are fake when they have received proof they are not,loss of earnings,defamation of character. They inform recent buyers with items waiting for dispatch as to why the listings in their opinion have been removed and trust me word quickly spreads among buyers. They have basically destroyed what i had for no apparent reason and will not provide me with an explanation except for what i have written. They are nothing short of bullies who need to be brought to task once and for all. I might just add that although they claim all my items are fake they still intend to charge me the sellers fees both through e bay and paypal, hypocrites springs to mind. Please can someone help me as i need to take this corporation to a court of law and have them explain themselves. I will also add that since the initial restriction from 3rd july 2013 to present day i have received 350 feedback 100% positive against my so called fake items so i have no idea what recent records they are referring too.
Thanks in anticipation
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 12 months ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am very sorry to hear of this. In order to prove slander, the plaintiff needs to prove the following elements: A false statement of fact about a person/company; publication of the false statement; the false statement was (at minimum) negligently made without justification (ie reason to believe it was factually correct); damages attributable to the false statement. A defense to this cause of action is truth. Just as the plaintiff has the burden to prove the elements; the burden would rest on the defendant to prove truth as an affirmative defense.

LegalGems :

Here is a link to the court system: http://flcourts.org/ I'm assuming damages are over $5,000 (lost economic opportunity) so small claims would not be an appropriate forum. Another possible action would be Tortious Interference with Business Relations, which requires the following elements to be proven:



  • Existence of a business relationship where plaintiff has legal rights in the relationship,

  • Defendant's knowledge of relationship,

  • Defendant's intentional and unjustified interference with this relationship

  • Damages to plaintiff resulting from the interference

Customer:

Hi,

LegalGems :

Hello!

LegalGems :

Were you able to review the above?

Customer:

Hi, Yes thank you very much, as i said they were sent my purchase receipts i receive from the store themselves to their trust and safety team and they simply said these were also fake. I have all receipts for every item i list and sell to confirm the authenticity which they continue to ignore,all feedback since my initial restriction over 350 is 100% positive and they claim after referring to my records i create a bad selling experience,i have proof of e mails they have sent me claiming my items are not authentic without proof and they have simply destroyed my reputation and my account.

LegalGems :

That is good that you have all the evidence documented. You may want to consider hiring an attorney to write a demand letter, requesting a retraction, and reinstatement of your account. Some people would prefer to do a demand letter themselves to save the legal fees, but in cases as important as this, I would suggest hiring an attorney to prepare it, because generally the potential defendant knows someone is "serious" when they have consulted with an attorney and hired him/her to represent them (most will assume the lawyer has been retained). However, you can hire the attorney to, for a set fee, simply prepare the demand letter. Then if they respond unfavorably or ignore it, you can then pursue civil litigation. It would be worthwhile for the letter to state their allegations, then reference the documentation that counters this, attaching photocopies.

Customer:

Thank you so much,this will be the first part of my action to get the ball rolling,would you know of anyone in the Orlando Flaorida area who could deal with this matter.

LegalGems :

We can't give specific referrals, but your first step would be to look at the state bar directory located here: http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm to ensure the lawyer is in good standing. Then you can check some online sites such as http://www.avvo.com/ and http://www.martindale.com/ to see customer/ peer reviews. And as an aside, if you have to retain the lawyer for full on litigation, please be sure and read the retainer agreement in detail, so there are no hidden surprises. Some lawyers charge a fortune (i.e. $1 per page photocopy fee; $250 minimum telephone consultation charge - so everytime they call opposing counsel it's that minimum charge, even for a 10 minute call).

LegalGems, Lawyer
Satisfied Customers: 3525
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 4 other Consumer Protection Law Specialists are ready to help you
Customer: replied 12 months ago.

Thank you so much,extremely satisfied and will be consulting with an attorney next week.

Expert:  LegalGems replied 12 months ago.
You are very welcome. I hope this works out for you as I can't imagine your frustration. At least it sounds like you have good documentation.

If you can fill out the customer service survey the site will be sending you, it would be greatly appreciated as that is our "report card" in essence.

Take care.

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