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April 22, 2013
Josh Wolford Lawsuit From eBay Seller For Negative Feedback Dropped
By Josh Wolford
We recently told you about a particularly odd lawsuit in which an eBay seller was suing a buyer for feedback left on their page. The seller, Med Express, was suing the buyer, Amy Nicholls, over her complaint on the eBay feedback page that her product had arrived with an extra $1.44 postage due.

Med Express offered to correct the mistake, reimbursing Nicholls for the undue charges. But Nicholls had already posted the “negative” feedback on eBay. Med Express claimed that that feedback (which knocked their favorability rating down to 99.3%) caused them irreparable harm. They sued for an injunction to get the feedback removed and for damages from the resulting loss of business.

Nicholls, with the help of Public Citizen’s Paul Levy, lawyered up and fought back – saying that her feedback was accurate and that expressing it is not a tort, and especially no reason to seek damages. To Levy, the lawsuit was the epitome of a frivolous mess. The case saw widespread coverage across tech sites. You can read our longer [...]

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