Is This Considered Defamation?

[newusername]

I am looking for advice on what to do about a situation where another seller on an online auction site is saying false statements about me and to see if it would qualify as defamation. If I was selling $10-$20 items I wouldn't be worried but I sell large lots that are roughly $20-$50k per auction and some of the false statements being made could cost me thousands of dollars per auction. Basically a competitor of mine is saying things in their auctions and ask a question section to discourage people from buying from me. Some examples that I have cut and pasted below.

A statement they made when someone asked them about me:
"Your point about whether the guy would actually ship out is absolutely dead-on, and should scare people. This character uses only "private" listings, hiding the supposed "winners" (you can't match feedback to anything, he can literally make anything up!), undoubtedly shill bidding to the moon, and one of these days, eBay may get sued too, for turning a blind eye on a person who stomps over all the rules. Buyers, if they only knew, should realize this is NOT a person they can trust! This is one reason we would like to post this response, we hope you don't mind, but we worry about the poor unsuspecting buyer who stumbles on their phony game"

Here's where I consider it defamation:
Basically I use private listing which isn't against ebay rules, I've sold a lot of items on ebay and is trying to make it sound like I'm not going to ship out the items, accuses me of shill bidding, tells people they can't trust me, and accuses me of running a phony game. If a bidder seen these false statements obviously it could make them not want to do business with me.
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Another statement they made:
since we refuse to use the highly dishonest "private" auctions (which may be fine for the "Adult" materials category!), we must limit zero bidders so that serious bidders have the confidence that they are bidding on a completely legit, "true auction". Other sellers may use this term, but it means absolutely nothing if they are hiding behind a private listing. Oh how we wish we could "save" the poor bidders from these sharks, but it is really up to eBay to finally do something to stop them. No, we have no desire to pontificate on this matter, it's just that it's so serious, and it is a current gap in what eBay is doing to protect their bidders

Here's where I consider it defamation:
He calls us a shark and states how he wants to save poor bidders from us

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Some more statements made by the other seller about me:

we pray no one will end up a victim.

In short, they hold all the cards, and can do whatever they choose. Obviously, there are rules against disparaging other sellers, and we have not said anything in particular, but we hope people will read between the lines, for their own good.

Folks, it's only a matter of time before this fellow gets what he deserves, but please, in the meantime, we recommend you avoid him like the plague!"

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I have complained several times about all these statements made and others for the last month and the auction site will not do anything about it. I have a 100% positive feedback rating and run a good legit business. I don't think it fair that someone can make false statements about me and I want it to stop. I don't know what else to do, Any suggestions?

 

[dee_dub]

It is possible to be defamed even without being named personally, if a reasonable person would believe the writer was referring to you (or something like that). I don't see your name mentioned anywhere, but I presume it could reasonably be inferred.

Whether what he's saying amounts to defamation is unclear. The writer tends to talk not about persons but about what he views as deceptive business practices. He's allowed to have and express an opinion about private auctions and to point out what he considers to be their shortcomings. On the other hand, the comments about shill bidding and "not to be trusted" appear to be directed to "this character", i.e. you, and smack of defamation.

What does the auction site say when you complain? I would hazard a guess that the auction site's rules against disparaging other sellers, referred to in the last post you quoted, also might forbid disparaging unnamed individuals that a reasonable person could infer to be the seller.

 

[newusername]

Thanks for your response. In regards to being named personally the seller usually will post by misspelling part of my username, i.e. part of my username is spelled consignment but he spells it consingment, and also when a buyer asked them about us he asked the queston using my correct username and the other seller replied with several false statements.

The auction site says they will look into it when I email them but then nothing happens again and again. I looked at the user agreement and I did not see anywhere that it says specifically you can't say disparaging things about other sellers.(It possible could be elsewhere but I haven't seen it) The only thing I see in the user agreement is where it says you will not "post false, inaccurate, misleading, defamatory, or libelous content (including personal information);"

 

[dee_dub]

I'd continue to pursue the auction site. Advise them you consider the postings mentioning you specifically to be defamatory and in contravention of the user agreement. Your username is thinly veiled but you are obviously the target. The criticisms of the private auctions are misleading and also in contravention of the user agreement. If the person you're dealing with can't give you a satisfactory answer why the auction site won't enforce the user agreement against the poster, demand to speak to someone who can.

 

[newusername]

I called customer service and they kept telling me that they would escalate my complaint to the right person and I would have a decision soon. I said that wasn't good enough so I got transferred a few times, eventually I spoke with someone that told me that "they remove comments at their discretion". And basically told me without saying it directly that the comments aren't getting removed.

 

[dee_dub]

So the reason they're not being removed is because the site is exercising its discretion not to remove them. How nice. Check with a local lawyer - they will be able to give you a better idea about whether the postings are in fact defamatory. It might help the auction site to have that legal opinion as grounds for removing the postings.

 

[patenmet]

problem is that what is being said makes some sense, and he is educating bidders. not taking sides here, but best to look at where he's coming from. if a buyer is motivated they'll buy, if they think analytically about what is being said, they might not because it does make sense. if you are legit, the stuff being said still makes sense 1 example: private bids are run by many scammers, and the person may have been burned many times.
good luck...just trying to offer a different angle