Can I sue an EBay Seller for making false remarks on my user profile

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superchase

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Dear law.com

I would like to know if I, as an eBay buyer, can sue a seller for making untrue remarks on my eBay user profile that are not true and do not apply to me. I was involved with an eBay seller from the UK in Europe. I am from Canada myself.

Less than 3 months ago I placed bid on an item from an eBay seller that I was a late in paying which was less than $40 American. eBay sent me a reminder through email to pay the seller before a specified deadline. The seller had left my a negative comment on my profile in which he called me a "non-paying time waster." So, I responded to a late payment reminder from eBay before the deadline set by them, by contacting the seller and informing him that I was willing to pay him for the amount. I also informed that I was going to activate a new credit card since I had troubles with individuals who were attempting to fraudulently use my card as of late. The bank I was dealing with had sent me a new card not because I requested it, but because their detectives had uncovered attempted unauthorized use of my card.

However, when I attempted to make payment, the seller replied that he was no longer interested in selling me the item. he refused to accept payment. He in turn contacted eBay to assign a NPB (Non-Paying Buyer)strike against me. eBay did so. I, in turn, left a negative reply on the seller's profile which reads: "BUYER BEWARE if u value ur rating.Tried to pay.Refused to sell to me.NASTY Man."

I appealed to eBay to have the NPB strike against me removed. eBay customer service reviewed the case & concluded that the NPB strike was not justified. The NPB strike was removed. But in the iterim, the seller and I each exchanged some rather nasty comments about each other. The seller placed reply comments on his and my profile stating that I had a NPB strike against me by eBay. On his profile, the seller stated: "Ebay issued a NPB stike & he doesn't like it!!" And on mine, he left an additional comment: "Ebay gave you a NPB strike. What did you expect?" But since eBay had overturned the initial NPB strike, these comments issued by the seller on his and my profile no longer apply.

Now, even though I had won this appeal against the seller to have the NPB strike removed, I still had offered to pay him. I sent the seller a remittance of 20 pounds sterling in a bank draft. I also infored and sent them physical proof that I sent the seller the draft. My desire was to resolve this dispute, and to show him that I was truly sincere in meeting my obligations and paying him. I also indicated to him, that he should in good conscience, either sell me the item, or send back the remittance. I told him that we should work towards a process of mutual withdrawal, because this was recommended to me by eBay customer support. The seller sent me back an email and told me that he wasn't interested in accepting the remittance, but did not wish to incur the costs of sending it back. He also informed me that he did not wish to enter a process of mutual withdrawal.

So, I wrote eBay an email and informed them of my situation. I asked them to intervene, contact the seller, so that the negative comments would be mutually withdrawn. They told me that they are not responsible for the comments of the seller, and that our dispute is our matter and not theirs. They also gave me a number of options, such as their forum, Square Trade, and a Mutual Withdrawal process. The latter I'd already tried. However, since it reuires the participation of the seller, this is not an option.

Since the seller's remarks about the NPB strikes against me do not reflect the current state of affairs, they are false, and I believe, if not willingly withdrawn by the seller, constitute libel. And since it is apparent that the seller involved has no desire to compromise on the issue and work towards a resolution, I'm now looking into the possibility of suing him. I've read some of the other posts in this forum that in order to sue eBay, a plaintiff has to file his suit in a court in San Jose. However, I'm not suing eBay. I have no wish to. They didn't do me any harm. If anything, they did an admirable job in siding with me on having the NPB strike removed. Even they agreed that the seller's attempt to assign a NPB strike against me was unfounded. They are not bad people. In fact, I'd say that they overwhelming majority who work there are, good, honest, hardworking people who are trying to do the right thing. My complaint is against the seller, who left comments on my profile, which do not accurately reflect the current state of our dispute, cannot be substantiated and are therefore FALSE. Therefore, I am very much interested in getting your opinion, or those of other users on this forum as to how I should proceed.

I should inform the users of this forum, that the issue is not money, but principle. I want to stand up to a seller who uses a corporate website intended for good, for the nefarious purposes of slander, character assassination and misrepresentation. I want to stand up to a seller who bullies others and makes false statements which he cannot substantiate, and are false. I want other eBay buyers to feel that they are safe from sellers who make slanderous and untrue statments about them. That is my issue.

If successful in winning this suit, my primary demand would be that the remarks issued by the seller be withdrawn and that my fees were launching the suit be payed. I am not after big dollars, only minimal financial compensation. I have not yet even asked for the bank draft back that I sent the seller.

So the question I ask of you is: Where should I file a suit against the seller? Is it a Small claims court? Should I contact the likes Judge Judy to see if she'd take up the case and have it televised on national television in the United States? How does one go about suing a seller, who is in a foreign country, but operating under the umbrella of eBay, which is an American company? How does the United States legal system go about contacting the seller and informing that he is being sued? How does the law work? What should I do? What are my limitations, and what are my options.

If you could reply to me on this situation, it'd be much appreciated.
 
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