While it may have said photo only, it was displayed in a way to be deceptive as to what was really for sale. Also, the size, weight, features, etc, did not match what she was selling. So in no way was the seller in the right.
But this video shows why I dislike Judge Judy. She often crosses the line of what is relevant to the case and just harassing them. She had no reason to talk about her husband and marriage like that, or what kind of mother she is to her kids.
Also, wtf, $5000? That's the maximum you can sue for in small claims court. Where did the extra $4500 come from? The only other place it can come from is possible lost business from the negative comments. But eBay can remove those comments and they would have to prove they lost money from said comments. Did they try to sell anything during the period that these comments were up in which possible bidders didn't bid because of the negative comment?
The irony of all of this though is that the seller gets paid for allowing the case to be shown.
I'm more of a People's Court person. The judge on there is rational and let's everyone try to plead their case and clearly states what she is awarding in damages and what she isn't.
But in all seriousness I agree with Jumpman completly, Judge Judy harrassed the crap out of the seller and IMO has no right to make the sort of comments that she did, I would take her arse to court over some of the crap she was spewing.
I have no idea if that is the sort of shite she normally goes on with as I haven't really watched the show before.
While the cases on Judge Judy are actual small claims court cases, the show is not a court of law, but rather an arbitration, and all parties must sign contracts agreeing to arbitration under Sheindlin. Even this status has been disputed: in Doo Wop Shoppe Ltd. v. Ralph Edwards, syndi-court justice was determined not to be an actual form of arbitration because a third party pays the cost of the judgment.
I think Judge Judy is a fucking arrogant, ignorant hag.
When you make a purchase on eBay, _read the fucking auction_.
She posted dimensions etc. of the phone, not what she was selling.
I say gj for scamming them, and a big fuck you to Judge Judy.
I blame ebay too because they shouldn't let people scam on there. I ordered a gba game on there once and resold it, the guy I sold it to gave me negative feedback before he'd let me sort things out and my auction didn't state it was any different than what was shipped to me previously and I had actual photos of what I was sending out. So I still need to get that sorted with ebay, stupid auction sites always are full of scams and shit, ebay shouldn't let people sell fake merchandise if it is not allowed.
I go with Judge Judy's decision on the weight, why the hell would you say it weighs that much if you are only sending photos. At least make an effort to make the package weigh enough and then see what the judge will say. Ebay is not a good place to go if you want to cheat people, very bad idea and I'm glad I finally see that a judge will actually rule in favor of the plantiff.
I also agree with jumpman... that was a bit over the top and it is out of the judge's scope. It isn't a psychiatric ward.