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South Carolina Woman Being Sued For Negative eBay Feedback

Posted by on Apr. 18, 2013 at 9:51 AM
  • 14 Replies

 

South Carolina Woman Amy Nicholls Being Sued For Negative eBay Feedback

 

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By Evan Bleier, Thu, April 18, 2013

A South Carolina woman who posted negative feedback on eBay after buying medical supplies is being sued by the seller she purchased them from.

When Amy Nicholls received her order from Ohio-based Med Express there was still $1.40 in postage that was owed on the package. Nicholls disappointedly paid the postage and then took to eBay's feedback section to voice her displeasure.

She wrote: "Order arrived with postage due with no communication from seller beforehand." It was the first negative feedback that Med Express had ever received, according to The Daily Mail.

According to Public Citizen Litigation Group, an organization that is aiding Nicholls, the company offered to refund Nicholls for the postage and asked her to take down the comment. She refused the offer because she was annoyed by the principle of having to pay extra, not the amount she was charged.

After her refusal, Med Express filed a suit against Nicholls for defamation, claiming that her comment is bad for business. The company also filed a temporary restraining order (TRO) against eBay in an effort to get the comment taken down.

A representative of Public Citizen Litigation Group, Paul Levy, wrote the following to Med Express's lawyer James Amodio: "Your lawsuit, and your TRO motion, are completely frivolous and I hope your client will agree to drop both of them without further proceedings."

He wrote about Nicholls: "The point she made in her message to you was that the problem wasn't the money but the hassle. She indicated that she would have been willing to pay more in shipping up front, but that she was posting feedback because a company that ships products ought to be able to do a better job."

Sources: The Daily Mail, MSN Now

by on Apr. 18, 2013 at 9:51 AM
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Replies (1-10):
DestinyRoseLC
by Bronze Member on Apr. 18, 2013 at 10:10 AM
Ridiculous
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AdrianneHill
by Platinum Member on Apr. 18, 2013 at 10:14 AM
1 mom liked this
My first reaction to the title: Damn, it's me, isn't it?
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meriana
by Platinum Member on Apr. 18, 2013 at 10:19 AM
2 moms liked this
So now one can, perhaps, be sued for making a negative comment about their dealings with a company? Good grief. If that's the case, companies should begin holding themselves to a higher standard of customer service.
morriganna
by Member on Apr. 18, 2013 at 10:28 AM

BUMP!

krysstizzle
by DeepThought on Apr. 18, 2013 at 10:29 AM
4 moms liked this

This lawsuit is going to be far worse for their company than one piddly little comment would ever have been. 

Idiots. 

Proud2BWeird
by Member on Apr. 18, 2013 at 10:29 AM
1 mom liked this
Has the definition of defamation changed to include not accepting a company's lame attempt at damage control and refusing to rescind a truthful assessment of their performance?
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GoddessNDaRuff
by Silver Member on Apr. 18, 2013 at 10:30 AM
1 mom liked this

Oh wow get over it. They should have paid the whole postage (don't know how it was shipped without doing so) and they should just take the damn feedback and leave it alone. Not all is going to be positive. Ebay won't even let you leave negative or neutral feedback for some days after the issue and ask that you work it out with the seller before the option becomes available. (I know this because I have some neutral feedback to give on a recent transaction that cannot be worked out with the seller but I want them to be aware of it.)

These people are making business worse for themselves because they are suing someone for being honest. They are running a damn business reviews are not always going to be positive and other customers and potential customers have a right to know of any issues that may arise when dealing with this company. I wouldn't order from them now at this point as someone who is just hearing of their company. The one negative comment out of a bunch of positive wouldn't have detered me much.

MsDenuninani
by Silver Member on Apr. 18, 2013 at 10:38 AM
1 mom liked this

Heee --

Between Boston, the TX explosion, and the failure of the gun control bill yesterday, I was looking for something wonderfully frivolous to respond to.  This fits the bill.

Stupid company.

cjsbmom
by Lois Lane on Apr. 18, 2013 at 10:41 AM

Yes, it is. Not only will it cost them money, but they are likely to get laughed right out of a courtroom if it ever is allowed to get that far. It makes them look petty. 

Legally, they have no grounds here. They agreed to sell their merchandise through Ebay, and the terms of Ebay are that buyers can provide feedback. If they didn't want that option, then don't sell through Ebay. 

Quoting krysstizzle:

This lawsuit is going to be far worse for their company than one piddly little comment would ever have been. 

Idiots. 



DestinyHLewis
by Destiny on Apr. 18, 2013 at 10:45 AM

I'd like to think that, on the other hand they are now getting a TON of free advertising. Sometimes even bad press ends up helping more than no press to a business. Guess we will have to wait and see if the consumers are as outraged at this as I think they should be... 


Quoting krysstizzle:

This lawsuit is going to be far worse for their company than one piddly little comment would ever have been. 

Idiots. 



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