QUESTION
Can you bring a suit for Ebay Feedback removal in NJ small claims or regular civil court?
Asked on Jul 01st, 2012 on Business Law - New Jersey
More details to this question:
I''ve had about one to two negative feedbacks annually on ebay where the buyer claims something is counterfeit and it is not or some other patently untrue statement. The buyer was fully unresponsive to our numerous emails telling them that the item was genuine and asking them to remove the feedback. Can this and other libelous (proveably untrue and unfactual) feedback statements be removed via a small claims lawsut and can I recover up the the $3,000 NJ limit as well from these people who seemingly just don''t care about hurting people''s reputations. There behavior is unconscionable and needs to be stopped. If this can not be achieved in small claims are there any lawyers who would take such cases on contingency as I''ve heard damages awarded can be over $10,000 per case.
1 ANSWER
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Generally you can only sue New Jersey residents, or people who intentionally transact business in New Jersey, in New Jersey courts; you will not be able to obtain personal jurisdiction over people who reside in other states unless that have certain minimum contacts with New Jersey, which will generally not exist in a typical eBay transaction. You will find it extremely difficult to engage an attorney to handle such a matter on a contingent-fee basis. Moreover, any such action may be precluded by the terms of your eBay membership. You should consider attempting to resolve this issues with eBay's support.
Answered on Jul 01st, 2012 at 5:13 AM