Legal Question in Technology Law in Missouri
Libelous statement in eBay feedback
Isn't there a law against abusive, untrue feedback being left in a public forum?
I reside in WA - Seller is in MO.
Quite messy, but I purchased an item - it was broken. She agreed to replace. I committed to one more and bid on a 3rd. At the end of the auction I kept asking for an invoice which she did not send.
I fianlly left her a neg feedback asking why - she reported me to eBay for non-pmt then sent me an invoice. Took 2 wks. I paid it but she has left 3 negatives stating I don't pay.
She also issued 2 non-pmt strikes against me in eBay. I have communicated with some of her other customers. 8 of them want to have their's removed as well.
What do I do?
1 Answer from Attorneys
Re: Libelous statement in eBay feedback
You might want to find a lawyer in Washington State and ask him to file a libel action against this woman in Missouri. Alternatively, you might want to file a small claims action against her, depending on what your damages limit is.
Since she advertises on E-bay, her presence in Missouri is not a bar to your action. You should be able to get "long arm" jurisdiction over her on a libel claim because normally libel is actionable where it is published. Since it is published on E-bay, it is published in Washington State. In essence, it's like her contracting with a billboard company in Washington to place a big sign that says "X is a slow payer." She would be compelled to find an attorney and defend in Washington State, and might find it easier to simply delete the negative commentary. Were she not to, you could potentially use your small claims judgment, once registered in Missouri, to collect through garnisment or writ of execution.
You should consider seeing a lawyer in Washington State to help you with this matter.
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