I merely am referencing this story about Miami Beach attorney Elliot Miller and his lawsuit over a negative Ebay comment:
Just when you think that set of flamingo-themed flatware is a questionable enough buy on eBay, your business might be even more risky: the seller could be a Miami lawyer.
Mike Steadman paid $44 for a "working" time clock for his small Cape Canaveral welding business in November 2008, but it didn't work -- and now he's out $7,000 for legal fees and still facing a $15,000 defamation lawsuit from seller Elliot Miller, an attorney living in a $3 million dollar waterfront home on Miami Beach, WFTV reported.
Perhaps he should have purchased a stone and a slingshot.
"I made the mistake of leaving my honest opinion online," Steadman told Florida Today of checking "negative" in the feedback section eBay asks all buyers to complete at the end of a transaction. "The comments are there to let other buyers know who they're dealing with. [But] because I don't have the money to fight them, I'm losing. It's not right. I'm speechless."Miller's attorney is Judith Frankel:
Steadman says when he received the clock, it didn't run, stamp time cards, or work with the accompanying set of keys as advertised. "When I opened the box it was in 3 pieces [from three separate models] that didn't even fit."
Miller refused to grant a refund, so Steadman filed a complaint with PayPal's buyer protection plan and eventually got his $44 back. But the bad taste lingered.
"Bad seller," he wrote in an effort to warn other buyers about EMiller1313. "He has the ethics of a used car salesman."
Unfortunately for Steadman, Miller is juuuuust a tad uptight about feedback. He filed a lawsuit in Miami-Dade court last February, claiming that the single comment lowered his perfect 100 percent positive feedback rate to just 98.6% -- thereby "seriously harming" his "commercial reputation."
Miller's attorney, Judith Frankel, declined to comment."We have no comment on the case because it is a matter still pending," she said. "It'll be resolved in the courts."Judith's practice appears to focus mostly on probate and estate matters.
BTW, the last thing I bought on Ebay were some old Bo Derek trading cards -- I'm sure I'm not alone on this? -- and needless to say I was 100% satisfied.