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Previous: How Online Advertising Influences Sales by Gayle Kesten EBay's farkakta new policy regarding fees and feedback went into effect Monday, May 19, leaving many sellers less than thrilled. Quick recap: In addition to upping the percentage it collects off sales, changing its search algorithm to favor large-volume sellers, and giving PayPal the ability to freeze transactions based on factors beyond sellers' control, eBay is taking away sellers' ability to post feedback about buyers. (I blogged about this three months ago, when some customers banded together for a weeklong strike.) "Sellers who drive repeat business should be rewarded when they receive repeat Feedback, the online auction house states on its Web site. I think what Brian Burke, eBay's director of global feedback policy, told Fortune Small Business is really more telling: "What we discovered through research was that any negative feedback that the buyer gets reduces their purchasing or willingness to purchase within the marketplace." EBay doesn't want to stop its buyers from buying. By definition, they'd no longer be buyers. They'd be browsers -- if they even show up at all. In some kind of ______ attempt to not play favorites (you choose the adjective), eBay says it will provide sellers with tools to help protect themselves against bad-mouthed buyers who give them negative ratings. Still, some vendors seem skeptical. "Over the years, I've reported fraud and negative behavior and never seen any action," an antiques dealer told FSB. "I don't have a lot of faith in eBay's responses." InformationWeek editor/blogger Alexander Wolfe sums up the changes like this: "Sadly, the newfound big-seller friendliness comes at the apparent expense of the smaller sellers who made eBay a big success in the first place." Thoughts? Reactions? Can you really fault eBay for wanting to give its buyers more power? Posted on May 23, 2008 at 12:50 PM| Comments (2) Comments I’m not an attorney. And I’m not on eBay’s side on this issue. But I doubt the situation you describe would make eBay guilty of anything. I would guess (I don’t sell there, so I haven’t seen their contracts) that they have clauses in their agreements with vendors that protects them from anything any person says about any other person on their service. Even without such a clause, chances are the only one that would be responsible legally for slander, if slander could be proven, would be the person who made slanderous remarks. Posted by: Janet |
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EBay's Policy Changes Become Reality
Yes, I have to agree, as a relatively small seller on eBay, their feedback policies, and especially their most recent ones, suck! I’ve been a user and occasional seller on eBay for almost a decade, with a 100% positive profile, until about 6 months ago. Since then, I’ve received 2 slanderous or inappropriate negative feedbacks.
The first was absolute slander. A buyer did not respond to any requests for payment for almost 2 months (due within 10 days). When I gave her negative feedback, she responded with one against me, claiming that “I was unhappy she was a little late paying me, despite the fact that her mother had died during this time.” Well, that was news to me! She had never contacted me in any way, much less to request grace due to any personal issues. Her feedback was purely and demonstrably retaliatory. But did eBay do anything to prevent or correct this crime against me? On the contrary, eBay first facilitated this crime, then refused to do anything to correct it, as is within its power. Out on the street, that is called “accessory to a felony.”
Then recently, a buyer claimed that he had not received an item purchased in one of my auctions. Well, I had in fact shipped it out the day I was paid, and, unknown to him, had purchased delivery confirmation from the USPS. That USPS service confirmed that the package had been delivered to him 3 days after it was shipped. I told the buyer about this, and gave him the confirmation number (0306 0320 0002 0596 0859 see for yourself). Despite the fact that I had proven delivery within a reasonable standard, and also that my service was rapid and professional, the buyer left a negative against me. Did eBay help me out even one tiny bit? NOT AT ALL! Buyers can now post any kind of vicious slander they wish, in a public forum, and eBay backs them up, just like they were partners in a criminal organization!
If slander is a crime, or if making false statement against someone, for the purpose of doing harm is a crime, then both these parties, AND eBay are guilty of felonies, including criminal conspiracy to commit a felony.
Are there any lawyers out there willing to take up the challenge? If so, you should know that I, and probably thousands of other irate customers of eBay, Inc. would be glad to participate.
Posted by: Richard Savary on June 26, 2008 at 3:02 PM