I recently purchased a Steeda Clutch Quadrant from an EBay merchant. I paid for the item within seconds of hitting the "Buy it Now" button. When the package arrived, I had received a C&L Mass Air Meter Pipe (approx. $250) for a Fox Body Stang.
Being the honest person that I am, I call the company and tell them that I received the wrong item. They they tell me to take the item back to the Post Office and tell them thta I cant accept the package and for them to "return to sender". OK.. So I do that and I call them and let them know that the package was on its way. They tell me that when they receive the package, they will send me my clutch quadrant back. Well a week and a half goes by, so I call the company during business hours, and no answer. I do this for 2 Days straight, and leaving messages. Finally I get someone and they tell me that my item will be in the mail soon. Well, like another week goes by and nothing. I have already had to re-schedule my Installation Date with a shop that I was going to do the work at. Finally, the Thursday before my new scheduled date to do the work comes, I finally get the part in.
So.. I go to my Ebay account and for my feedback, I put a NEUTRAL Comment which is this "Received wrong item 1st Time... Seller corrected and shipped right one....... A-"
2 Days after that I get feedback from them. It is NEGATIVE Feedback and all it says is "Negative". So I get pissed off and ask them why they gave me the NEG feedback and tell them to take it off or else I would post my experience with the Company on the Mustang Forums, ie.. Stang Net, United Mustangs, Mustang Corral, etc...
Well they send me an email threatening me that if I post my experience with their company, which I feel I have the RIGHT to do, they will take me to court and SUE me for their Damages or Losses. They say that I am trying to blackmail them, and will also sue me for Slander and Defamation of Character.
Luckily, I live in Texas and am Also a Police Officer here in Texas, so I am pretty familiar with Texas Law. Technically, if I am violating any laws by posting on the net/forums, the laws are being violated or broken in Texas, so I guess that they would have to file their Lawsuit here in Texas. Well, Texas has a Law called the Texas Homestead Act. This law prevents me from losing any property that I own, such as my house, and 1 car per adult in the household. Well, I live in an Apartment, have 2 vehicles, I own 1 and my wife owns the other. Both cars have leins on them, so they cant take my vehicles due to the leins. I dont have any $$$ in Savings, or Bonds, or whatever. I live Month to Month Basically. So, What the hell can they take from me ?????
This is how I feel about what I can do......
First of all, I have the freedom of speech (1st Amendment). As for Slander, Slander means saying something Publicly that may RUIN someone's Good Name and what is said is NOT TRUE. And that is pretty much the same thing as Defamation of Character. (Both deal with INDIVIDUALS, not companies) What I am wanting to say is the Truth and to let everyone know my experience with a particular company. As for blackmail, I dont see it as blackmail. I flat out threatened them to remove their negative feedback, or else I was going to start posting on the Forums about my experience with them and suggest to people not to do business with them, or to be cautious when doing business with them.
As to my knowledge, when you own a Company, you are open to people making comments about the business that you run. How can anything said about a company be considered Slander or Defamation of Character ??? To me it is just like what Newspapers do and News Channels do when the have "Resturaunt Reports"... anyone agree????
So give me some feedback on what I should do. If there are any Lawyers in the House, please feel free to help me out and give me some advice. I just want to make sure that I am 100% in the right before I release the name of this Ebay Company.
Being the honest person that I am, I call the company and tell them that I received the wrong item. They they tell me to take the item back to the Post Office and tell them thta I cant accept the package and for them to "return to sender". OK.. So I do that and I call them and let them know that the package was on its way. They tell me that when they receive the package, they will send me my clutch quadrant back. Well a week and a half goes by, so I call the company during business hours, and no answer. I do this for 2 Days straight, and leaving messages. Finally I get someone and they tell me that my item will be in the mail soon. Well, like another week goes by and nothing. I have already had to re-schedule my Installation Date with a shop that I was going to do the work at. Finally, the Thursday before my new scheduled date to do the work comes, I finally get the part in.
So.. I go to my Ebay account and for my feedback, I put a NEUTRAL Comment which is this "Received wrong item 1st Time... Seller corrected and shipped right one....... A-"
2 Days after that I get feedback from them. It is NEGATIVE Feedback and all it says is "Negative". So I get pissed off and ask them why they gave me the NEG feedback and tell them to take it off or else I would post my experience with the Company on the Mustang Forums, ie.. Stang Net, United Mustangs, Mustang Corral, etc...
Well they send me an email threatening me that if I post my experience with their company, which I feel I have the RIGHT to do, they will take me to court and SUE me for their Damages or Losses. They say that I am trying to blackmail them, and will also sue me for Slander and Defamation of Character.
Luckily, I live in Texas and am Also a Police Officer here in Texas, so I am pretty familiar with Texas Law. Technically, if I am violating any laws by posting on the net/forums, the laws are being violated or broken in Texas, so I guess that they would have to file their Lawsuit here in Texas. Well, Texas has a Law called the Texas Homestead Act. This law prevents me from losing any property that I own, such as my house, and 1 car per adult in the household. Well, I live in an Apartment, have 2 vehicles, I own 1 and my wife owns the other. Both cars have leins on them, so they cant take my vehicles due to the leins. I dont have any $$$ in Savings, or Bonds, or whatever. I live Month to Month Basically. So, What the hell can they take from me ?????
This is how I feel about what I can do......
First of all, I have the freedom of speech (1st Amendment). As for Slander, Slander means saying something Publicly that may RUIN someone's Good Name and what is said is NOT TRUE. And that is pretty much the same thing as Defamation of Character. (Both deal with INDIVIDUALS, not companies) What I am wanting to say is the Truth and to let everyone know my experience with a particular company. As for blackmail, I dont see it as blackmail. I flat out threatened them to remove their negative feedback, or else I was going to start posting on the Forums about my experience with them and suggest to people not to do business with them, or to be cautious when doing business with them.
As to my knowledge, when you own a Company, you are open to people making comments about the business that you run. How can anything said about a company be considered Slander or Defamation of Character ??? To me it is just like what Newspapers do and News Channels do when the have "Resturaunt Reports"... anyone agree????
So give me some feedback on what I should do. If there are any Lawyers in the House, please feel free to help me out and give me some advice. I just want to make sure that I am 100% in the right before I release the name of this Ebay Company.