My question involves a consumer law issue:
I live in Florida and I have a strange situation. Back in June 2017 I purchased a North Face jacket for my daughter on ebay. The jacket was listed as being in great condition and the seller listed one picture in the ad. I purchased the jacket for $16 plus $6 s/h. Upon opening the package I was alarmed at at the condition of the item. The jacket that was described as being in "GREAT" condition wasn't in that state at all. It had stains on the arms, across the chest and on the back. The inside waterproof layer of the jacket was completely peeling away. None of these issues were mentioned in the ad. The jacket appeared to be old and very well worn. Honestly, it looks like something you would find in a thrift story. Upon receiving the jacket, I immediately contacted the seller and told her the jacket was not in the condition it was advertised and I wanted to return it. The seller was polite and refunded by money. She never asked for the jacket back so I assumed she was just counting it as a loss on her part. A few weeks later she contacted me asking me where the jacket was. I explained to her if she wanted the jacket back she needed to send the postage and I hadn't received it yet. She became outraged that I would ask that sort of thing and accused me of being a thief etc. since I had not returned the jacket. I explained to her that the jacket was mis-advertised and I would be happy to return the jacket once she provided the return postage. She never agreed to the return postage and indicated she would file a claim with eBay.
I contacted eBay myself to see what could be done because according to the rules if a seller misrepresents an item they are responsible for the return postage not the buyer. Ebay indicated since she had already refunded my money I was not responsible for returning the jacket as the transaction was complete and anything that was decided would have to be done between the buyer and seller. I relayed this information to her and she was not happy. I kept telling her I don't want this crappy, stained, old jacket that should have never been sold as being in "GREAT" condition and if she wanted to send me the return the postage I will gladly return it.
It's now the end of August and she sent me a message today saying she had filed a small claims lawsuit in South Carolina where she lives. She claims to be an attorney (which I don't believe) and basically said she will get the last laugh because by filing the lawsuit in South Carolina I either have to appear in which case I'll have lots of out of pocket expenses getting there since I live in FL (ultimately making her a winner no matter what the judge decides) OR if I choose not to respond she will be the winner. I haven't received the lawsuit paperwork yet, but she is saying I will be served on TUES. All of this for a $22 transaction over a stained jacket! It's crazy!! I have the ebay listing to prove how it was advertised, lots of emails where she is harassing me about returning the jacket and where I remind her over and over again once she provides the shipping label I will. I also have pictures of the condition of the jacket when I received it.
At this point I could easily pay the $5 and ship the jacket to her, but she's been so unreasonable and to be honest a bully about the entire situation. It's not been a pleasant experience at all. What are my rights in a situation like this? I can't imagine a judge would consider a case like this because there are so many legal issues out there that need attention and this is certainly not one of them. Ugghh! It's just a headache!
Any ideas or suggestions would be greatly appreciated!
Heather
I live in Florida and I have a strange situation. Back in June 2017 I purchased a North Face jacket for my daughter on ebay. The jacket was listed as being in great condition and the seller listed one picture in the ad. I purchased the jacket for $16 plus $6 s/h. Upon opening the package I was alarmed at at the condition of the item. The jacket that was described as being in "GREAT" condition wasn't in that state at all. It had stains on the arms, across the chest and on the back. The inside waterproof layer of the jacket was completely peeling away. None of these issues were mentioned in the ad. The jacket appeared to be old and very well worn. Honestly, it looks like something you would find in a thrift story. Upon receiving the jacket, I immediately contacted the seller and told her the jacket was not in the condition it was advertised and I wanted to return it. The seller was polite and refunded by money. She never asked for the jacket back so I assumed she was just counting it as a loss on her part. A few weeks later she contacted me asking me where the jacket was. I explained to her if she wanted the jacket back she needed to send the postage and I hadn't received it yet. She became outraged that I would ask that sort of thing and accused me of being a thief etc. since I had not returned the jacket. I explained to her that the jacket was mis-advertised and I would be happy to return the jacket once she provided the return postage. She never agreed to the return postage and indicated she would file a claim with eBay.
I contacted eBay myself to see what could be done because according to the rules if a seller misrepresents an item they are responsible for the return postage not the buyer. Ebay indicated since she had already refunded my money I was not responsible for returning the jacket as the transaction was complete and anything that was decided would have to be done between the buyer and seller. I relayed this information to her and she was not happy. I kept telling her I don't want this crappy, stained, old jacket that should have never been sold as being in "GREAT" condition and if she wanted to send me the return the postage I will gladly return it.
It's now the end of August and she sent me a message today saying she had filed a small claims lawsuit in South Carolina where she lives. She claims to be an attorney (which I don't believe) and basically said she will get the last laugh because by filing the lawsuit in South Carolina I either have to appear in which case I'll have lots of out of pocket expenses getting there since I live in FL (ultimately making her a winner no matter what the judge decides) OR if I choose not to respond she will be the winner. I haven't received the lawsuit paperwork yet, but she is saying I will be served on TUES. All of this for a $22 transaction over a stained jacket! It's crazy!! I have the ebay listing to prove how it was advertised, lots of emails where she is harassing me about returning the jacket and where I remind her over and over again once she provides the shipping label I will. I also have pictures of the condition of the jacket when I received it.
At this point I could easily pay the $5 and ship the jacket to her, but she's been so unreasonable and to be honest a bully about the entire situation. It's not been a pleasant experience at all. What are my rights in a situation like this? I can't imagine a judge would consider a case like this because there are so many legal issues out there that need attention and this is certainly not one of them. Ugghh! It's just a headache!
Any ideas or suggestions would be greatly appreciated!
Heather
Ebay Seller is Filing Small Claims Lawsuit Over Misrepresented Item
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