A South Carolina woman who posted negative feedback on eBay after buying medical supplies is being sued by the seller she purchased them from.
When Amy Nicholls received her order from Ohio-based Med Express there was still $1.40 in postage that was owed on the package. Nicholls disappointedly paid the postage and then took to eBay’s feedback section to voice her displeasure.
She wrote: “Order arrived with postage due with no communication from seller beforehand.” It was the first negative feedback that Med Express had ever received, according to The Daily Mail.
According to Public Citizen Litigation Group, an organization that is aiding Nicholls, the company offered to refund Nicholls for the postage and asked her to take down the comment. She refused the offer because she was annoyed by the principle of having to pay extra, not the amount she was charged.
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After her refusal, Med Express filed a suit against Nicholls for defamation, claiming that her comment is bad for business. The company also filed a temporary restraining order (TRO) against eBay in an effort to get the comment taken down.
A representative of Public Citizen Litigation Group, Paul Levy, wrote the following to Med Express's lawyer James Amodio: “Your lawsuit, and your TRO motion, are completely frivolous and I hope your client will agree to drop both of them without further proceedings.”
He wrote about Nicholls: “The point she made in her message to you was that the problem wasn't the money but the hassle. She indicated that she would have been willing to pay more in shipping up front, but that she was posting feedback because a company that ships products ought to be able to do a better job.”