Comments on: eBay Buyer Can’t Sue Out-of-State Seller in Home State, Says Court http://www.theinternetpatrol.com/ebay-buyer-cant-sue-out-of-state-seller-in-home-state-says-court Internet Safety, Windows Updates, Internet News, and More Thu, 20 Nov 2008 16:49:21 +0000 http://wordpress.org/?v=2.6.3 By: Edward http://www.theinternetpatrol.com/ebay-buyer-cant-sue-out-of-state-seller-in-home-state-says-court#comment-156892 Edward Tue, 04 Sep 2007 22:23:19 +0000 http://www.theinternetpatrol.com/?p=1527#comment-156892 Sorry. I didn't intend to hijack this thread. Maybe I should have posted a separate topic. I never come to this website. It is the first link that showed up when I searched for key words "ebay buyer seller small claims" Sorry.
I didn’t intend to hijack this thread.
Maybe I should have posted a separate topic.
I never come to this website.
It is the first link that showed up when I searched for key words “ebay buyer seller small claims”

]]> By: Edward http://www.theinternetpatrol.com/ebay-buyer-cant-sue-out-of-state-seller-in-home-state-says-court#comment-156888 Edward Tue, 04 Sep 2007 22:21:20 +0000 http://www.theinternetpatrol.com/?p=1527#comment-156888 What do you all think of this. I clearly state in all my ebay item's descriptions that I ship "within 1-15 days after receipt of payment.". I have now received approximately 5 neutral derogatory feedbacks and 3 negative derogatory feedbacks. All of which the buyer's complained that I did not ship fast enough or they "felt" it was slow. In each and every incident I had shipped within my promised terms of "1-15 days". I had done nothing wrong. When a seller list an item on ebay, when they get to the shipping section, ebay policy gives the seller several options for shipping duration, either 1 or 5 or 10 or 15 or up t 30 days. But when I informed ebay that I used the options eBay gave me so they should defend the rights they gave me they give me no response. Whenever a bidder places a bid on ebay they are given a confirmation screen that states they are entering a binding contract and they are agreeing that they accept the buyer's terms and everything the buyer states in the description and on the item. Not to mention the numerous pages and and info a person must read in order to sign up to become a ebay member. So the 5-7 derogatory feedbacks that I've received from the buyer's in which I have kept my promised terms and done nothing wrong, is that not breech of contract? And defamatory? Those derogatory feedbacks can and do cause me financial losses. In almost every incident the buyer times their feedback to coincide with an important item soon ending. They do that in attempts to ruin the final bidding on the items. In 2 cases the buyers have agreed to retract their feedbacks. But the damage has already been done. Although the feedback is removed the comments still remain. Therefore the effects linger. Should not ebay be liable to protect a seller in this case? After all it is a option and right they give to a seller. I guess the best I can hope to do is to get a court order to have each and every of the unjust derogatory feedbacks removed. That would be costly I assume I think I should be able to sue all parties. Please don't bother me about grammar. I typed this in one straight nonstop rant. What do you all think of this.
I clearly state in all my ebay item’s descriptions that I ship “within 1-15 days after receipt of payment.”.
I have now received approximately 5 neutral derogatory feedbacks and 3 negative derogatory feedbacks. All of which the buyer’s complained that I did not ship fast enough or they “felt” it was slow. In each and every incident I had shipped within my promised terms of “1-15 days”. I had done nothing wrong. When a seller list an item on ebay, when they get to the shipping section, ebay policy gives the seller several options for shipping duration, either 1 or 5 or 10 or 15 or up t 30 days.
But when I informed ebay that I used the options eBay gave me so they should defend the rights they gave me they give me no response.
Whenever a bidder places a bid on ebay they are given a confirmation screen that states they are entering a binding contract and they are agreeing that they accept the buyer’s terms and everything the buyer states in the description and on the item.
Not to mention the numerous pages and and info a person must read in order to sign up to become a ebay member.
So the 5-7 derogatory feedbacks that I’ve received from the buyer’s in which I have kept my promised terms and done nothing wrong, is that not breech of contract? And defamatory?
Those derogatory feedbacks can and do cause me financial losses.
In almost every incident the buyer times their feedback to coincide with an important item soon ending. They do that in attempts to ruin the final bidding on the items.
In 2 cases the buyers have agreed to retract their feedbacks. But the damage has already been done. Although the feedback is removed the comments still remain. Therefore the effects linger.
Should not ebay be liable to protect a seller in this case? After all it is a option and right they give to a seller.
I guess the best I can hope to do is to get a court order to have each and every of the unjust derogatory feedbacks removed.
That would be costly I assume
I think I should be able to sue all parties.
Please don’t bother me about grammar. I typed this in one straight nonstop rant.

]]> By: Bryan http://www.theinternetpatrol.com/ebay-buyer-cant-sue-out-of-state-seller-in-home-state-says-court#comment-52566 Bryan Tue, 13 Mar 2007 17:21:01 +0000 http://www.theinternetpatrol.com/?p=1527#comment-52566 This is <b>definitely</b> the jurisdiction of Federal courts, since it was interstate commerce. He should definitely get a lawyer and try again, this time in Federal court. This is definitely the jurisdiction of Federal courts, since it was interstate commerce. He should definitely get a lawyer and try again, this time in Federal court.

]]> By: Greg http://www.theinternetpatrol.com/ebay-buyer-cant-sue-out-of-state-seller-in-home-state-says-court#comment-52066 Greg Mon, 12 Mar 2007 00:48:36 +0000 http://www.theinternetpatrol.com/?p=1527#comment-52066 Since the "actual damages" were less than $3,000, would this have even gone to a real "trial court"? Dunno about NY, but IIRC, in many states, if the amount is under $5,000, the case goes to small claims court. The jurisdiction of a small claims court is pretty narrow. IANAL, but another course of action might be to take this to federal authorities and file a complaint of wire fraud. If Walser was found guilty of wire fraud, he could be forced to pay restitution as part of his sentencing. Since the “actual damages” were less than $3,000, would this have even gone to a real “trial court”? Dunno about NY, but IIRC, in many states, if the amount is under $5,000, the case goes to small claims court. The jurisdiction of a small claims court is pretty narrow.

IANAL, but another course of action might be to take this to federal authorities and file a complaint of wire fraud. If Walser was found guilty of wire fraud, he could be forced to pay restitution as part of his sentencing.

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