Legal Question in Civil Rights Law in Florida

Slanderous comments posted to online trading community.

Hello,

I have a small business selling on Ebay. At the conclusion of a transaction, feedback can be posted. I made a purchase that was not what was described. I was also charged four times the amount for shipping than the actual cost. I posted neutral feedback for this particular seller. We exchanged e-mail. The seller posted untrue comments that will cause damage to my reputation. I filed a complaint with Ebay. Both parties agreed to try to resolve this matter through an assigned mediator. During the mediation proccess the seller decided that he did not wish to participate any longer.

I am not as concerned about the quality of the items purchased or the cost to ship these items. I am very concerned about the slanderous comments posted for me. I have retained documentation of our transaction, our correspondence, and the Ebay mediation attempt.

Do I have legal grounds to persue this issue? Thank you very much for considering this question.

Sincerely,

--name removed--B.--name removed--


Asked on 1/06/04, 10:28 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Slanderous comments posted to online trading community.

If untrue comments were made, then you do have a case for defamation since the comments were posted. Of course, going through a lawsuit is time consuming and arduous, so it may or may not be best for you, depending on the effect of the posting.

Perhaps trying to get a retraction is the best way to go. Or perhaps you should just post a response with your side of the story if that is possible. In any case, only state the facts and be diplomatic. Do not make any defamatory or accusatory statements yourself.

If the posting has not really hurt you, it may even be best to let sleeping dogs lie and chalk it up to experience. You can't please everyone, and if you trade online (or anywhere else) you certainly will run into your share of unreasonable people.

Feel free to call for a complimentary consultation to discuss the matter.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 1/06/04, 11:16 am


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