Legal Question in Business Law in Florida

defamation harassment

As to re-state my previous question more clearly...I sell on ebay. I only sell Waterford crystal my ebay name is waterford crystal. There is another seller who sells the same things as I do. We are the only 2 selling the exact same items. In her current listings she has a comment this exactly ''Established seller with 1000+ Buyer feedback! No dishonest practices or 2nds here! 100% excellent Ebay standing. Other Waterford sellers have been kicked off ebay several times for illegal activities. New ids to fool everyone so BEWARE, check BUYER feedback then come back here'' I infact do have a new ebay ID also selling the same as my other ebay. It is called waterfordseller (same name, no space. The items that she has these comments listed in are Waterford Clarendon Rub y tumblers. We are the only 2 selling these. This clear she's referring to me. I have emails from 3 other member stating it's clear she's referring to me. I believe she has caused me business loss. She has faxed FAKE subpeonas (not signed, not sealed not served)to ebay to reteive my personal info. She has posted other commentary harmful to me in the past such as...''***Look at completed listings for this item. Are you fooled by dishonest Waterford seller with a new member''


Asked on 1/28/08, 1:35 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: defamation harassment

Seems to me that the issue is whether this statement is false:

"Other Waterford sellers have been kicked off ebay several times for illegal activities."

If it is a true statement, even if it is not you, then I would not think there is anything you can do about it. I would contact eBay -- their rules on handling these disputes are pretty decent if I remember.

If she is sending a fake subpoena, that could be an "abuse of process" and if she sent to eBay may be enough to get her kicked off.

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Answered on 1/28/08, 1:46 pm


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