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I accidentally relisted an item on eBay that I no longer had

in stock. A buyer...
I accidentally relisted an item on eBay that I no longer had in stock.
A buyer left negative feedback stating that I had demanded payment and that I had sold it to someone else (both untrue).
The buyer did not read the auction details and follow my guidelines for communication as I state in every auction "Contact via eBay My Messages only".
The buyer continues to contact me outside of eBay, and would not accept all five of my offers to try to make things right.
Even though the auction stated an end date in the past, and the customer bid and won the item anyway, eBay says I have to get a court order to get the negative feedback removed, and that the customer contacting me outside of eBay / not replying via eBay is something I would have to prove is disruptive to my business before they can do anything about it.
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Answered in 8 minutes by:
7/2/2010
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,087
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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They are correct and eBay does this all of the time and will refuse to remove any feedback from customers as eBay is not liable for what is posted by the customers. Your sole recourse is against the customer for the harassing communications and for any false feedback posted and if you win that suit then you would serve eBay with an order from the court for the removal.


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Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,087
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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Customer reply replied 7 years ago

Is there a difference between filing suit against the person and obtaining a court order to get the feedback removed (as eBay states)?

Am I going to have to file suit against the person for making the two false statements in the feedback, then win that suit to obtain a court order? Or can I get a court order directly somehow?

You would have to file a civil suit before you can get any type of order from the court against them to remove the feedback.
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Customer reply replied 7 years ago

What sort of $ are we talking if I go ahead and do that - - I live in Texas, they live in CA.

I am not clear on what all I need to do to begin the process, please clarify...

You would have to file suit in CA and thus it would mean you would need an attorney and that would cost you roughly $275 per hour. You would have to file the suit in CA court to obtain jurisdiction over the party and as part of filing suit you would ask for an injunction to remove the feedback.
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Customer reply replied 7 years ago

Have you ever worked on an eBay feedback removal case before? If so, what am I looking at realistically in terms of time and money? What would you need me to provide you with to get this completely resolved?

 

I have not personally, but have a partner who has and it cost the client well into the $8000+ range and the case was dismissed because the client could not prove that the statement was completely untruthful. We cannot take on clients from this service it is strictly against site rules and we cannot make personal referrals, the best we can suggest is the same site used by other attorneys, http://www.martindale.com or http://www.findlaw.com
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Customer reply replied 7 years ago

When you have a minute, please send me a list of my options at this point

richardATdatanowllcDotCom

 

 

 

We are strictly prohibited from making contact through email, so I cannot do as you requested. You can print out the information from this question which are your list of options.
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Law Educator, Esq.
Law Educator, Esq.
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