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Disparaging eBay comment sparks lawsuit
Thursday, June 25, 2009 | 2:01 a.m.
Be careful about comments you post on eBay, or you may end up in court.
That was illustrated Wednesday when Nikki Foote of Henderson was sued over comments she allegedly posted charging that the Gucci handbag she purchased for $495 was a fake.
The seller, Ruhanieh Badi’i of Austin, Texas, insists the bag is authentic and says the comments have hurt the eBay trading business that is the plaintiff’s livelihood.
Badi’i says eBay buyer “nikki809” — identified in the suit as Foote — was asked to remove the comment.
But nikki809 has declined to do so, Badi’i says. The suit says eBay was asked to take it down but refused and told Badi’i to get a court order.
Foote could not be located for comment and also could not be contacted through the eBay account that Badi’i says is assigned to her.
At issue is a brown, extra large tote bag-purse. In photos on eBay, the Gucci brand is shown on the handbag.
Attached to the lawsuit are e-mails between nikki809 and Badi’i. In one, nikki809 said she took the bag to a Gucci store and was told by personnel there that it was not authentic. Badi’i challenged what nikki809 was told at the Gucci store.
The lawsuit, filed in Clark County District Court, says Badi’i told nikki809 she could return the bag, but nikki809 has not done so.
The June 10 comment was still posted on the eBay Web site on Wednesday.
“I was sent a fake ‘Gucci’ bag, and when I told the seller she got very rude!” the comment says.
The reply from Badi’i, “bizdango,” says: “100 percent authentic. She had paperwork, (I) offered to send receipt or return, she kept bag.”
The reply from nikki809: “I kept the bag and gave it to my 12-year-old niece, because I felt sorry for her (the seller)!”
The post has hurt Badi’i's business, the lawsuit says.
The eBay Web site shows that in the past 12 months, Badi’i has received 400 positive feedback notes and just one negative one — apparently the one from nikki809.
“In the eBay community, reputation is essential,” the lawsuit says.
The suit seeks damages of $1,000 per day from the date of nikki809’s post until the time the sales volume and selling prices for Badi’i return to pre-June 10 levels, along with general damages of $50,000 and an order from the court that the comment about the bag be removed.
Discussion: 15 comments so far…
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What an enlightening article! Thanks for reporting this story!
ebay is full of fke goods
Good for the seller. Maybe this will teach the now defendant to think twice before she blithely decides to defame someone. You can't just mess with people and their livliehoods by throwing unsubstantiated bombs. I'm glad someone is challenging this woman and not letting her get away with her irresponsible actions.
This disreputal,fraudulent, e-bay seller has some explaining to do and it appears a good offence is their defence. With their pockets lined from fake,knock off merchandice they can now push around a single, dissatisfied customer without the capital to fight back. To hell with the seller and their bullying tactics. The buyer will walk away the victor in a court battle and I will contibute to her legal fund.
Anyone who thinks e bay is as reputable as the local mall is in a coma.
"Badi'i told nikki809 she could return the bag, but nikki809 has not done so."
Well, the whole case depends on of the bag is fake or not. She still has the bag. This should be an easy case, one way or the other.
Uhh, Homer, you obviously know NOTHING about eBay. Years ago, the site was a magnate for knockoffs, but that has completely changed due to eBay's coordinated efforts with an organization specifically created to combat on line sales of counterfeits. I cant remember the name right now, but every major luxury brand participates. For example, there was a time you could easily get a fake Birkin, Chloe dress or Fendi Spy bag.
Now you can forget it- they simply are not listed. The seller has to verify that the item is authentic before the listing goes up. If they get caught lying, they are kicked off of eBay.
Why does the seller in this case continue to have over four hundred feedbacks, all positive? Why hasn't she been booted for selling fakes? Why is she so adamant to go after this lying defendant? Because she is an honest seller and has been wrongfully
maligned, that's why!
Plus, luxury goods reps troll the site constantly. If they catch a fake that has slipped through, the item gets pulled and the seller gets suspended or terminated.
I have over 1,200 transactions on eBay, so I think I know what I'm talking about. You, obviously, don't.
I wonder if this works for International sales also? I sold a carburetor to a guy in Sweden and it was damaged in shipping and he left a feedback saying I never sent the item and that I'm trying to scam the USPS Insurance company. His being the only bad feedback I have and also the fact that I have proof he received the item one would think that eBay should have no problem removing the bad feedback that this guy left but instead they treat us sellers like we're the bad guy's but in the real world the customer isn't always right.
I just hope that people are smart enough when making a purchase to not only read the bad feedback but to also pay attention to the good feedback that other people have left.
This is great news. I am a large seller on eBay and have been hurt by bad buyers leaving rotten feedback for no reason. I have refunded money and still had the buyer leave bad feedback, with no recourse ! Its about time, I want her attorney !!
a few sellers are the problem. ebay is the bigger problem. you as a seller get teed off on and have no way to answer. you can't leave feedback for buyers anymore. they don't pay and then leave you negative feedback. fair??
I believe the seller... and I fear it going to court without the bag having been returned because now all that is necessary for the buyer to win is to bring a fake bag to court. Something tells me this is going to be hard to win for the seller... unless Judge Judy is presiding.
I sold at eBay for years and ended up leaving because the sellers were at a huge disadvantage. Buyers were able to run amok over the sellers and this is just one more case of buyers getting away with something. You can bet that her 12 year old niece is NOT carrying around a Gucci bag... but I'll bet the buyer is!!!
I now sell at a site where it is fair to both the buyer and the seller... just like it used to be at eBay. I hope the seller wins their case and then heads over to OnlineAuction.com where it's a fair deal for everyone.
One of the more vicious buyers on Ebay is a TV weatherman in Las Vegas. Delinquent payment and bullying emails are his stock in trade. Unfortunately, Ebay permits him to make his feedback private, thus preventing other Ebay traders from identifying a trouble maker. Ebay sellers should have the option of blocking purchases from any buyer with private feedback.
Comment removed by staff.
This one is super easy. No lawsuit is necessary. If the seller refunds, the feedback can be removed because the buyer then becomes a non-paying bidder. I do this when necessary to resolve recalcitrant buyers stubborn behavior. As a mega seller I have a personal account manager over at ebay. The account manager guided me through the process which quickly resolved the issue. The feedback policy has several outs for feedback removal, which if read and used will surely alleviate the issue without lawsuit. No one benefits from a lawsuit including ebay. Ebay clings to it's feedback system to give the illusion that ebay is self-policed. But they also realize the occasional need to get feedback such as in this situation removed so no lawsuit becomes necessary. Try it. It works. Lawsuits on the other hand are extremely expensive and rarely yield any financial gain for the seller. This seller just didn't go far enough or talk to the right person over at ebay, inc. Ebay does have some rather uninformed individuals working in it's offices. I think we can all agree on that.