If the warning is unsuccessful, the next step has to be taken: the lawyer contacts Ebay directly.
Since reviews and ratings must be related to buying experience and must adhere to guidelines, the lawyer can point out the violations of a rating / review according to Ebay review guidelines.
However, the violation only applies to formally inappropriate or fraudulent contributions. If you consider the evaluation received as "unfair", it is not a sufficient reason .
When are the guidelines violated?
1. Rating extortion:
You cannot blackmail in order to obtain a favorable rating or price discount.
2. Manipulation of ratings:
Ratings that are only designed to reduce the rating profile of someone-for example multiple purchases of the same dealer only to give negative ratings after each purchase, are forbidden.
3. Vulgar, racist, or insulting ratings are not allowed.
4. Rating campaigns:
Organized ratingn campaigns, where several persons collude and purchase at one dealer only to give negative ratings., are prohibited.
5. Paybackratings:
Payback ratings due to revenge are prohibited – for example someone gives a bad rating because the same person gave him one earlier
When is established law violated?
1. False assertions not based on facts
2. Defamation- An accusation of a contemptible character trait or attitude, also dishonorable behaviour.
3. Slander- This occurs when someone is suspected of having committed a crime, even though the accusation leveled was clearly false and the person now risks prosecution.
4. Abusive Criticism-Ratings designed to degrade a person and do not deal with the issue
5. Insult-Insulting or mocking of a person by at least two others
Costs: For the 1st and 2nd step we charge a lump-sum flat fee of EUR 200.