Even if a trader is caught red handed scamming on the forum the chances are that they will be protected from justice. Consumers should expect to be deceived and have no right to reply apparently.
It's really not like that Kate. A scammer (or "conman") is generally someone who tries to deceive people to make money....on a regular basis. I remember seeing companies that sold just your basic penstyle for $150 and thinking "what a ripoff!". Now someone who buys a product for $25 and sells it for $150, well, I can safely say that I think that is unethical. Can I publicly call them scammers? Well I could if I could prove it; otherwise, I can be held legally responsible.
See, people don't really know the laws about this. I deal more in criminal law...not so much civil or corporate but I can tell you now that
all law is based on proof (or evidence). You can't win a case without it (and even with it, sometimes you can't win!).
Now if someone merely uses poor judgment and advertises a product that he ends up selling without giving others that indication, well, there could be opinions about such a person but to outright call such people scammers, or con artists, or liars or thieves.....particularly if it causes what they refer to as a "loss of livelihood"...could cause serious problems to the accuser.
And it's not true that we have no right to reply or vent our feelings or "warn" others against those we feel are poor vendors....peope do it here all the time.
It's the wording that matters....and the bottom line is if you accuse someone without proof or call them names which are unfounded and cause them to lose business....then you need to think twice about what you're writing.
Now how about someone adds this to their online magazine "Hey look, I just saw this, xyz is a conman...saw it on ECF. I'd never buy from him!" And that word gets around? The written word will then be damming....to the author of such an accusation. So I for one am glad SJ is taking steps to get a handle on this.
Now if someone wants to say "I got 5 products from xyz and none of them work. I think their products are crap"....that's fine...because that was their experience with it and we all have an opinion on the products we buy, good or bad. But to say they are rip offs and sell bad products....particularly if you have 100 other buyers who are happy with them and could disprove that....then you're just asking for trouble.
Lu