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Is the following Ebay Feedback a Libelous Statement?

Palm Desert, CA |

"Returning item. Buyer beware-unethical, misleading listings of Anthro products."
Buyer left that feedback for me. They did return the item and received a full refund. They only purchased one item from me, yet calls me unethical and says other listings are misleading, even though she has no first hand experience with any other items I sell. The "Anthro" products they write of stands for Anthropologie, a store that does not produce products, but sells a variety of manufactures products. Please advise. Thank You.

Attorney Answers 4


  1. Not actionable libel. Opinion.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  2. Opinion, and not defamation. Best bet is to try to make the buyer happy, so he removes this.


  3. This would not be defamation, it is simply an opinion.


  4. Probably opinion, as my colleagues have stated (although stating you "mislead" is an objectively verifiable statement in light of your ad's representations that might convert an opinion to a false statement of fact).

    As an immediate practical matter, your best option is probably to pursue the internal mechanisms EBay offers for disputes.