Thursday, June 25, 2009 | 2:01 a.m.
Be careful about comments you post on eBay, or you may end up in court.
That was illustrated Wednesday when Nikki Foote of Henderson was sued over comments she allegedly posted charging that the Gucci handbag she purchased for $495 was a fake.
The seller, Ruhanieh Badi’i of Austin, Texas, insists the bag is authentic and says the comments have hurt the eBay trading business that is the plaintiff’s livelihood.
Badi’i says eBay buyer “nikki809” — identified in the suit as Foote — was asked to remove the comment.
But nikki809 has declined to do so, Badi’i says. The suit says eBay was asked to take it down but refused and told Badi’i to get a court order.
Foote could not be located for comment and also could not be contacted through the eBay account that Badi’i says is assigned to her.
At issue is a brown, extra large tote bag-purse. In photos on eBay, the Gucci brand is shown on the handbag.
Attached to the lawsuit are e-mails between nikki809 and Badi’i. In one, nikki809 said she took the bag to a Gucci store and was told by personnel there that it was not authentic. Badi’i challenged what nikki809 was told at the Gucci store.
The lawsuit, filed in Clark County District Court, says Badi’i told nikki809 she could return the bag, but nikki809 has not done so.
The June 10 comment was still posted on the eBay Web site on Wednesday.
“I was sent a fake ‘Gucci’ bag, and when I told the seller she got very rude!” the comment says.
The reply from Badi’i, “bizdango,” says: “100 percent authentic. She had paperwork, (I) offered to send receipt or return, she kept bag.”
The reply from nikki809: “I kept the bag and gave it to my 12-year-old niece, because I felt sorry for her (the seller)!”
The post has hurt Badi’i's business, the lawsuit says.
The eBay Web site shows that in the past 12 months, Badi’i has received 400 positive feedback notes and just one negative one — apparently the one from nikki809.
“In the eBay community, reputation is essential,” the lawsuit says.
The suit seeks damages of $1,000 per day from the date of nikki809’s post until the time the sales volume and selling prices for Badi’i return to pre-June 10 levels, along with general damages of $50,000 and an order from the court that the comment about the bag be removed.