Power Sellers Unite

myauction · Joined: 24 Jul 2006 Posts: 277

My suggestion is that a list be put together of every single
questionable thing people have seen on eBay.

For example, many months ago if not more than a year
ago, there was an issue where the search using the
description was only searching so many characters within
the description. That was fixed later, but very questionable
how that could ever happen.

Also I have observed but cannot prove all the times all
a person's items cannot be seen or a page comes up
blank or one cannot bid.

I also believe there is a trend like an algorithm that
only allows sellers to get so many sales per duration.
So for example, say one lists 20 items and 3 sell and
that goes on and on but it did not used to be that way.
Trends are very good indicators of something fishy
going on. Some are calling these things blackouts.

And all the fees included in listings because there is
some method eBay uses if one just happens to click
near that area and wallah one gets charged for an
enhancement they never intended.

The list is very big but need to have someone who has
some very big influence with the news and knows how
to get all this stuff reported to the right authorities to
do a full investigation. My guess is new accounts may
not be affected so not sure how they can prove some
or a lot of this.

Is it fraud? Is it Unethical Business Practices? Is
it Bait and Switch? Is it misleading to entice people
to do things they would not have done, if they knew
the facts? Is it incompetence or on purpose so many
of us has seen so many things that are hard to prove
but just know or are very certain.

myauction · Joined: 24 Jul 2006 Posts: 277

another example is why does it seem when
one gets international they are in spurts
where one might not get any for many
months, then get 2 or 3????

It is like items are randomly showing up
regionally or in certain countries only
when they want them to? And does
the same thing happen with listings all
the time, thus why sometimes people see
50 items then 60 then 40 etc. etc. Is this
a way to keep getting people to re-list
and re-list and re-list so they keep getting
the fees?

Hiding items is not ethical if true. Is it legal?

GAELICTITCA · Joined: 25 Apr 2005 Posts: 1384

The problem with trying to list all the questionable practices
that Ebay has engaged in is that it would take so long to cover
them all!

We pick 'em apart pretty thoroughly, one by one, here on PSU
but the thing with Ebay is they're such a dynamic and moving
target that they're busy adding insult to injury every day, every
hour, every minute.

And, of course, you'd have to include the practices of PayPal in
the mix as well (seperate entity my butt........).

I've heard it said by more than one person on several forums
that Ebay is looking more and more like the next Enron. There's
a lot to that I think -- it's an Enron in slow motion -- and we're
all here watching the collapse one stupid corporate move at a
time.

myauction · Joined: 24 Jul 2006 Posts: 277

Hi,

Yes, I agree it would take someone(s) a lot
of time as well to do something like that but
they should be held accountable if indeed
those things could be proved. I bet there
is enough proof but would need someone
who has the money behind them to do
something like this and the influence. And
a very good writer/organizer.

I do realize it is a very long list and I agree
with you it should also include PayPal and
any other company they own now.

But I am realistic and realize not many have
the time or the finances to do this kind of
thing so maybe wishful thinking. I think
law enforcement needs to do this but because
of all the random things that pop up and I
would imagine what may be happening is
it happens to one seller who may or may
not notice anything then a few do so that
shows up in the forums. I read about the
issue with the bottom part of the description
text not being searchable so I proved that
to myself but did not keep a record. And
so many other things like all of a seller's
listings not showing up. Saw the other day
a store only was showing their auctions but
they paid for a featured store. How many
times does this happen to each seller but
randomly where no one notices? Hard to
say but I would venture more than we
might think. And all these hidden types
of things there are so many of.

So maybe in my dreams someone from the
press who is an investigative reporter or
law enforcement will really spend the time
to dig into all this. Some people think that
people in forums are not representing the
majority, that may be true but only because
the majority is not informed, they do not
have the knowledge and seen what so many
of has seen and found very questionable.

Pipphoe

I think this is also one of the reasons there aren't more lawsuits. Ebay has seemed to be a teflon company. I think that's partly because of constant message of "we're just a venue." I wouldn't like to hazard a guess when the teflon will start to wear off, but like this last go-round with the fees it might be sooner than we think.

There's a bunch of sellers that are very adament about "staying the course," but that might change when the invoices start rolling in. Reality bites :!:

mbols · Joined: 20 Jul 2006 Posts: 12

As for questionable practices???
#1.) Discrimination
Ebay makes users in the United States Pay more for listing than anywhere else. I think this may be in violation of the discrimination act. Since we list in the US & have to pay more they are defacto discrimination against Americans. The discrimination act prohibits against discriminating because of religion, race etc. but I think it also includes where you're born or live ie: Country.
IE: If you rent a house or run a restaurant you can not refuse to serve someone from France just because they're French. If your rent an apartment you can't discriminate against people from India.

mbols · Joined: 20 Jul 2006 Posts: 12

I found the Act that covers discrimination
The Robinson-Patman Act is actually an amendment to Section 2 of the Clayton Act. The following is an excerpt. The Clayton Act which is part of Title 15: Commerce and Trade, Chapter 1: Monopolies and Combinations in Restraint of Trade of the U.S. Code.

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Sections 2(a) through 2(f) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. 13(a) through 13(f).

15 U.S.C. Section 13 - Discrimination in price, services, or facilities:

(a) Price; selection of customers. It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade: And provided further, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

15 U.S.C. Section 13 - Discrimination in price, services, or facilities

(b) Burden of rebutting prima-facie case of discrimination. Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification, and unless justification shall be affirmatively shown, the Commission is authorized to issue an order terminating the discrimination: Provided, however, That nothing herein contained shall prevent a seller rebutting the prima-facie case thus made by showing that his lower price or the furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor, or the services or facilities furnished by a competitor.

15 U.S.C. Section 13 - Discrimination in price, services, or facilities

(c) Payment or acceptance of commission, brokerage or other compensation. It shall be unlawful for any person engaged in commerce, in the course of such commerce, to pay or grant, or to receive or accept, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid.

15 U.S.C. Section 13 - Discrimination in price, services, or facilities

(d) Payment for services or facilities for processing or sale. It shall be unlawful for any person engaged in commerce to pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities.

15 U.S.C. Section 13 - Discrimination in price, services, or facilities

(e) Furnishing services or facilities for processing, handling, etc. It shall be unlawful for any person to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of, any services or facilities connected with the processing, handling, sale, or offering for sale of such commodity so purchased upon terms not accorded to all purchasers on proportionally equal terms.

15 U.S.C. Section 13 - Discrimination in price, services, or facilities

(f) Knowingly inducing or receiving discriminatory price. It shall be unlawful for any person engaged in commerce, in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by this section. Enacted: October 15, 1914, as amended June 19, 1936.

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Copyright 1999-2006 - Institute for Local Self-Reliance
Link to this website: http://www.ilsr.org/newrules/retail/robinson.html

mojavelyn · Posted: Mon Jul 31, 2006 8:37 pm Post subject:

Quote: › docWrite("quote")The problem with trying to list all the questionable practices
that Ebay has engaged in is that it would take so long to cover
them all!
PSU does't have enough room!

myauction · Joined: 24 Jul 2006 Posts: 277

Pipphoe, mbols, and mojavelyn

another reason law enforcement or a lot of
the press needs to dig in and prove all the
things people question.

If however, new accounts are "protected"
from the ebay "glitches" may be hard to do
though.

mojavelyn · Posted: Mon Jul 31, 2006 8:46 pm Post subject:

myauction, one of B-A's members was attempting to collect data on ebay's legal fees and payouts.. he lost his data after $800 MILLION!!

mbols · Joined: 20 Jul 2006 Posts: 12

The reason there aren't any massive lawsuite is that Ebay is so big most Law firms don't have the funds to fight them.
The only firm I know that takes on the tough cases is [B]The Southern Poverty Law Firm{/b} (I think I got the name right)
They sued the KKK and won! Rick Dees is the main Attorney there. He hates those who discriminate but his firm mostly does hate crimes etc.

I wonder if he'd take on eBay??

myauction · Joined: 24 Jul 2006 Posts: 277

I think it should be the SEC, lawyers and
investigative reporters who get in and
start digging.

If one pays for a service one should expect
to get that service and not pay for services
they did not order.

Yes, I agree with all of you that they are
like a Teflon company and just about too
big to take action upon but surely this
can be done. This great site PSU and many
others are doing great but still no where
enough until someone or some agency or
agencies step in and look and dig out the
facts and not speculation.

myauction · Joined: 24 Jul 2006 Posts: 277

I also think that it is not the fee increase that is
the problem. It is the combination of the fee
hike AND the questionable things that has and
is and will likely continue.

All companies have the right to raise fees or
prices but not unethically if unlawful means
are done.

myauction · Joined: 24 Jul 2006 Posts: 277

maybe if thousands of people wrote Bill O'Reilly :)

mbols · Joined: 20 Jul 2006 Posts: 12

I just sent an email to the Southern povety Law Firm but it may take a month to answer my email. And they don't do commercial suits. Oh well.
The SEC will not investigate unless it concerns unlawful trading violations.
Ebay may be poorly run (UNDERSTATEMENT) but that's not unlawful unless they are funneling money into their personal pockets. Misusing comany funds for personal gain. Profits 2 Pockets
Gee I guess I coind a new term for FeeBay!