Skip to main content

Online medical company sues woman for defamation



A woman who posted negative feedback on eBay when her order arrived owing postage is being sued by the seller after she refused to remove her criticism.

Amy Nicholls, of Greenville, South Carolina, was disappointed at having to pay for postage and the seller, Ohio-based Med Express, its first negative feedback.

Now the firm, which is believed to sell medical supplies entirely though the internet auction site, is claiming her criticism may damage their business - even though it is true - and is suing Ms Nicholls for defamation.



eBay feedback: Ms Nicholls' seemingly innocuous comment sparked a lawsuit from Ohio-based firm, Med Express

The row began in February when Ms Nicholls bought a microscope light source for $175, plus $12 shipping costs, from Med Express Inc, which trades on eBay as med_express_sales.

When the package arrived with postage due of around $1.40, Ms Nicholls paid it but then went onto eBay and gave Med Express a negative rating.

She wrote: 'Order arrived with postage due with no communication from seller beforehand.'


More...
Fox pulls 'Family Guy' episode that aired last month featuring mass deaths at the Boston Marathon
Former South Carolina Governor Mark Sanford being taken to court after he was 'caught sneaking out of his ex-wife's house multiple times while using a cell phone as a flash light'

According to Public Citizen Litigation Group, Med Express offered to refund her the extra charge, and asked her to remove her negative comment.

Ms Nicholls refused, because her comment was correct and because she was more annoyed by the inconvenience of having to pay extra postage than the amount itself.

At this point Med Express, which has its headquarters in Medina, OH, and which has only one negative review compared to around 140 positive reviews in the last six months, sued.



Microscope light that began a lawsuit: Ms Nicholls purchased this $175 light on eBay and paid $12 postage

They admitted that the comment was correct, but said that she should remove her comment because it could be detrimental to their sales.

The firm also requested a Temporary Restraining Order (TRO) against eBay in that hope that it would have the comment removed. A judge denied the TRO.


Rather than back down, Ms Nicholls is now being helped in her case by Public Citizen Litigation Group.



Lawyers for Med Express filed a defamation suit against Ms Nicholls and requested an order be granted to force eBay to take the comment down

Public Citizen's Paul Levy wrote to Med Express's lawyer James Amodio saying: 'Your lawsuit, and your TRO motion, are completely frivolous and I hope your client will agree to drop both of them without further proceedings.'

Referring to Ms Nicholls, Mr Levy added: '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 $1.40 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.'

Public Citizen is now looking for an Ohio-based lawyer to take on the case on Ms Nicholls's behalf.


Mr Amodio did not respond to MailOnline's request for a comment before this story was published.


Popular posts from this blog

Study Abroad USA, College of Charleston, Popular Courses, Alumni

Thinking for Study Abroad USA. School of Charleston, the wonderful grounds is situated in the actual middle of a verifiable city - Charleston. Get snatched up by the wonderful and customary engineering, beautiful pathways, or look at the advanced steel and glass building which houses the School of Business. The grounds additionally gives students simple admittance to a few major tech organizations like Amazon's CreateSpace, Google, TwitPic, and so on. The school offers students nearby as well as off-grounds convenience going from completely outfitted home lobbies to memorable homes. It is prepared to offer different types of assistance and facilities like clubs, associations, sporting exercises, support administrations, etc. To put it plainly, the school grounds is rising with energy and there will never be a dull second for students at the College of Charleston. Concentrate on Abroad USA is improving and remunerating for your future. The energetic grounds likewise houses various

Best MBA Online Colleges in the USA

“Opportunities never open, instead we create them for us”. Beginning with this amazing saying, let’s unbox today’s knowledge. Love Business and marketing? Want to make a high-paid career in business administration? Well, if yes, then mate, we have got you something amazing to do!   We all imagine an effortless future with a cozy house and a laptop. Well, well! You can make this happen. Today, with this guide, we will be exploring some of the top-notch online MBA universities and institutes in the USA. Let’s get started! Why learn Online MBA from the USA? Access to More Options This online era has given a second chance to children who want to reflect on their careers while managing their hectic schedules. In this, the internet has played a very crucial in rejuvenating schools, institutes, and colleges to give the best education to students across the globe. Graduating with Less Debt Regular classes from high reputed institutes often charge heavy tuition fees. However onl

Sickening moment maskless 'Karen' COUGHS in the face of grocery store customer, then claims she doesn't have to wear a mask because she 'isn't sick'

A woman was captured on camera following a customer through a supermarket as she coughs on her after claiming she does not need a mask because she is not sick.  Video of the incident, which has garnered hundreds of thousands of views on Twitter alone, allegedly took place in a Su per Saver in Lincoln, Nebraska according to Twitter user @davenewworld_2. In it, an unidentified woman was captured dramatically coughing as she smiles saying 'Excuse me! I'm coming through' in the direction of the customer recording her. Scroll down for video An unidentified woman was captured dramatically coughing as she smiles saying 'Excuse me! I'm coming through' in the direction of a woman recording her A woman was captured on camera following a customer as she coughs on her in a supermarket without a mask on claiming she does not need one because she is not sick @chaiteabugz #karen #covid #karens #karensgonewild #karensalert #masks we were just wearing a mask at the store. ¿ o