Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

Have a collector muscle car, 2097 Shelby GT listed on EBAY.

Customer Question
Dec 5th the car is...
Have a collector muscle car, 2097 Shelby GT listed on EBAY. Dec 5th the car is bought by someone in Texas. I sent a congratulatory note discussing picking the car up, when, payments, etc. sent through the EBAY email system. I receive a reply from buyer saying they didn't buy the car and don't know what I am talking about! Then ask, "what kind of a scam are you running?" I explain it is no scam, that EBay notified me that the car was sold to them along with their address in Texas and EBAY ID name, etc. They reply again that they do not know what I am talking about, etc. I cancelled the sale through EBAY thinking that was the right thing to do, even though they would have had to make the buy as it takes more than checking a box to buy a car on EBAY Motors. I figured the buyer would respond with a thank you or whatever. Instead I received no reply and they went to EBAY and left Feedback that only a buyer can leave for a seller giving me a Negative Feedback review and adding, "Total Scam". I was unaware of them doing this until Tuesday the 8th and then realized they had ruined my almost perfect rating of 99.5 by their feedback. It was now 87.0 and this along with their false "Total Scam" comment has ruined my excellent seller/buyer reputation. No one will but my car now or in the future due to this. I sent them a personal email a few days ago asking them to retract the false allegations within 24 hrs or I would take legal action against them. This was after I went through the EBAY system of reporting a member, etc with no reply from anyone. I never heard back from the buyer. Friday the 11th I called EBAY to get this settled. They told me they cannot get involved in this type of action and cannot remove a negative comment or feedback. After explaining this long story to the representative, they agreed it was not warranted and did go in and remove the comments and restoring my previous excellent rating. Problem is it will be eithe Tues, the 15th or Thurs. the 17th before their system updates. So now This false defamatory info is still on the site and my account and will be for several more days. They have ruined my ability to sell this car because even if and when the rating is restored, the damage is done, because these cars are seen by a lot of people in this hobby and will always associate the car, with me being a scammer. No one will ever notice or know it was a false accusation. I want to sue this buyer for the cost of my car, plus, the mental and phycological damage I've suffered because of this. I am in dire straits to liquidate this property in order to save my house, etc due to poor business at this time. Now I will not be able to sell it anywhere because folks who look at these cars on this site also look stupid the various other national forums and classifieds that list cars such as mine. Can I sue them? One problem is that only a buyer cN leave a feedback on a seller, but since they denied buying the car, and I cancelled the sale, how and why did they do this? I have all emails, EBay correspondence, etc. proving they did this and would not remove it. What are my options?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 10 minutes by:
12/13/2015
Consumer Protection Lawyer: Dwayne B., Lawyer replied 2 years ago
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,304
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

FIrst, as to "what are my options" I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

I'll go over your other questions one by one, since they appear to provide information on that general question anyway.

Can I sue them?

Yes, you can sue for slander or libel. However, you have to be aware that those are difficult causes of action because your lawyer's fees will be high, the cases almost never settle, and you will almost certainly have to sue them where they are located. In addition, some eBay agreements have arbitration clauses so you will have to get the lawyer to subpoena a copy of the agreement in place at all time relevant to this action.

In addition, your measure of damages isn't the cost of the car so you can't sue for that amount or at least not phrased like that. You can sue for mental anguish on a slander case and if the car has reduced in value then you can sue for that reduction amount.

Please ask any follow ups you have in this section.

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
if I have to take $5-$7,000 less I can sue for that plus what ever my doctor says this event did to me mentally? How is a price put on that?
Consumer Protection Lawyer: Dwayne B., Lawyer replied 2 years ago

Yes, that's correct.

As to how to value mental anguish, that's hard to do. The way it is usually handled is to take the amount of the medical bills and any medications that the doctor prescribed for anxiety or things like liek that and then multiply them X 3 and use that figure. However, when valuing non-economic damages it is always a guess and is really determined by how upset the jury is at the other party and how sorry they feel for you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Ask Your Own Consumer Protection Law Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,304
34,304 Satisfied Customers
Experience: Practicing for over 20 years and handled many cases and trials for consumers.

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
A person hit my car a year ago and the arbitration between
Hello, a person hit my car a year ago and the arbitration between both of our insurance was in my favor 100%. Her insurance was supposed to repay me my out of pocket expenses but never did. I then fil… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
My 17 year old son bought a used car (2003 BMW) for $1500 in
My 17 year old son bought a used car (2003 BMW) for $1500 in cash without my permission (I'm his father) in California. He earned the money through his job at Taco Bell. The car arrived DOA (engine ov… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I sent a sewing maching in to a Viking dealers through Joan
I sent a sewing maching in to a Viking dealers through Joan fabrics which is protocall. The order was wrote up to fix the bobbin winder which had nothing to white the machines function. I sewed on the… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was a plaintiff in a class action lawsuit against Chase. I
I was a plaintiff in a class action lawsuit against Chase. I believe it was regarding fair credit reporting. It was settled, but I was not notified. I did speak to someone at Chase who told me they ar… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,185 satisfied customers
Tv repairmen took my tv nov 30th, the check for $540 and
tv repairmen took my tv nov 30th, the check for $540 and disappeared. His web sire is still online. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I purchased a New 2017 Harley Davidson Road in June 2017
I purchased a New 2017 Harley Davidson Road King in June 2017 with 7 miles on the bike. In Oct the oil from the transmission started transferring to the primary side. I found out this is a KNOW proble… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
Can I be sued from payday loan company name American Web
Can I be sued from payday loan company name American Web loan in florida? … read more
Lucy
Lucy
Juris Doctor
129 satisfied customers
IS HP CONSULTANTS A WORTHY COMPANY. WE ARE IN NORTH CAROLINA
WE ARE IN NORTH CAROLINA AND HP IS IN CALIFORNIA. NO ONE IS HELPING US WITH THIS … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My brother took out a loan but does not know where the money
My brother took out a loan but does not know where the money went … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
We bought a 2014 Chevrolet Cruze a little over a year ago.
We bought a 2014 Chevrolet Cruze a little over a year ago. It has had engine problems for the third or fourth time now. A few months ago the dealer changed the pistons etc. and said it was fixed. Now … read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
Had a question of a lease vehice. New jersey 2017. It's a
had a question of a lease vehice JA: What state is this in? And how old is the car? Customer: new jersey 2017 JA: Has anything been filed or reported? Customer: no JA: Anything else you want the lawye… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I owed BofA credit card the amount of $16K+ and I am unable
Hi, I owed BofA credit card the amount of $16K+ and I am unable to pay the minimum monthly payment since I lost my job, my currently income only up to $280/wk since I'm on medical treatment. Now I got… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
It concerns a horse I had boarded I NC. For 300.00 per month
It concerns a horse I had boarded I NC. For 300.00 per month and any vet care or training. I was paid ahead and lost my job I called and told the women no more training just field board and feet trim … read more
Dwayne B.
Dwayne B.
Lawyer
34,304 satisfied customers
When buying truck on 12-5-17 "as-is" I was told all concerns
Second opinion] When buying truck on 12-5-17 "as-is" I was told all concerns I had had been addressed and only needed sensor that they had scheduled for me the next week on Dec14th, next day Dec15th w… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
Our 0% for 15 months credit card has come to an end and the
Hi. Our 0% for 15 months credit card has come to an end and the high interest charges are starting to take effect. The bank will not allow us another card at 0% for 15 months at this time. Can you ple… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
My son has had his car repossessed and Chrysler capital will
my son has had his car repossessed and Chrysler capital will not work with him. they want the full loan balance. he was given no notification of a repossession coming however he was making partial pay… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
33 satisfied customers
My house went into foreclosure. On my credit report it
My house went into foreclosure. On my credit report it showed that the account was closed and remarked foreclosure redeemed. Now my credit report shows the account open and remarked claim filed with g… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
Be patient. I type slowly. I have just been contacted by
First, please be patient. I type slowly. I have just been contacted by American Settlement Services and set an appt for next week. Sounds like I need to call Blue Green first to see if they will let u… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x