An eBay vender is suing a purchaser when she left a negative review on the positioning and refused to cancel it. The feedback was over Associate in Nursing sudden $1.44 postage charge.
According to the grievance, Amy Nicholls purchased a magnifier half from Master of Education specific in February. As a results of that purchase, Nicholls incurred shipping prices ($12 on high of the $175 getting price).
Med specific took her payment via PayPal, and shipped out the device. once it arrived to Nicholls, there was an additional $1.44 postage due.
Nicholls, operational underneath the eBay soubriquet chimera_studios, announce on February twenty sixth that the “Order arrived with postage due with no communication from vender beforehand. it absolutely was logged as a feedback on eBay.
Med specific quickly responded, expression that “Sorry – no plan there was postage due. This went on alot (sp) from independent agency latterly.”
Over the past year, Master of Education specific has 298 ratings, solely two of that or thought of negative. Their regeneration proportion stands at ninety nine.3%.
“When notified of the matter, Master of Education specific in real time offered to reimburse Nicholls for the postage due quantity. Despite this supply, and before giving Master of Education specific an opportunity to reimburse her, Nicholls on February twenty six, 2013, apparently as a results of the $1.44 postage due, announce feedback and comments for the dealings on eBay’s web site and gave Master of Education specific low ratings within the elaborate vender Ratings section of eBay’s Feedback Forum, leading to Associate in Nursing unfavorable feedback profile for Master of Education specific. In thus doing, Nicholls incorrectly and deliberately slandered the nice name and name of Master of Education specific.”
Med specific goes on to mention that Nicholls caused them irreparable hurt and caused them to lose customers and financial gain.
They obtain not solely Associate in Nursing injunction to get rid of the feedback, however conjointly damages (both correctional and reparative).
The facts of the case don’t appear to be at issue. And in an exceedingly letter to Master of Education specific, Paul Levy of the general public subject judicial proceeding cluster (on behalf of Nicholls) makes it clear that the feedback regarding them is true.
“In a way, what you and your shopper appear to be competitive is that your client’s supply to pay the $1.40 may be a spare show of attrition that Nicholls got to be forgiving. however the purpose that she created in her message to you was that the matter wasn’t the money however the effort. she indicated that she would are willing to pay $1.40 additional in shipping up front, however that she was posting feedback as a result of a corporation that ships merchandise got to be able to do a more robust job.
That opinion may be right, or it would be wrong, however harboring it and expressing it’s not a actus reus. And it’s actually no reason to hunt damages, lawyer fees, Associate in Nursingd an injunction. customers would possibly well take this type of bullying into consideration after they ar pondering whether or not to try to to business with Master of Education specific,” says Levy.
“Moreover, the relief you’re seeking would be injurious to customers. Your different potential buys have Associate in Nursing interest in knowing the history – that, for a amount of your time, you were repeatedly employing a shipper knowing of issues that would end in user having to pay postage due.”
Remember the response Master of Education specific have Nicholls? “This went on alot (sp) from independent agency lately?”
Of course, Levy argues that’s not extremely the mot vital half. Summarily, Ohio law and therefore the First Amendment prevents Master of Education specific from suing over Associate in Nursing opinion – be it false or not.