Power Sellers Unite

CMD3 · Joined: 19 Sep 2006 Posts: 1

eBay LAWSUIT SUMMARY

I would appreciate tips on how to sue eBay for lost business and other damages resulting from the temporary closure of my store. eBay temporarily closed down my store for "violations" of eBay policies that are new, unwritten & constantly changing.

While the particular issue is a bit esoteric, eBay says that my listings violated a California law (it is an unenforced law that will become a non-issue at the beginning of 2007, but that is beside the point). Knowing the law in question I assert and explain that I am in compliance; after several rounds of emails where I address each of eBay's concerns/arguments, eBay runs out of any logical argument and their response is that their policies go "above and beyond" the law.

However, under no circumstances will eBay explain what they mean by "above and beyond" the law. When I try to draw specifics from them via email, they say that they will read but may or may not respond to my emails.

In several prior rounds with eBay compliance people, they have indicated and actually stated on one occasion that “this is eBay’s playing field and we can make any rules that we want”. They further cite that it is my choice to either be on eBay or not. The reality is that eBay is pretty much the only game in town.

My response (in general) is that I created an eBay store in good faith and then built a business (with hundreds of feedback and a 100% rating). eBay is acting in bad faith in penalizing me for not complying with a policy that is new, evolving, unwritten, is surrounded by confusion within eBay, and when pressed, cannot be articulated.

Any thoughts or suggestions on how to sue them???

Thank you,

Chuck

ASLANstore · Joined: 20 Apr 2006 Posts: 704 Location: MidWest

Chuck,

well... and I say this respectfully because I was a life-long resident there until 2 years ago - you live in California, there are a dozen lawyers right around the corner from wherever you live that would LOVE to sue

and you have intentionally not been very specific about the issues - why exactly was eBay suspending you, etc... that kind of evasiveness is a lawyers playground - I'm sure you'll do great

now of course, there's the money to pay a Cali-Lawyer

mojavelyn · Posted: Tue Sep 19, 2006 10:38 pm Post subject:

Contingency.

ASLANstore · Joined: 20 Apr 2006 Posts: 704 Location: MidWest

Lol Mo - yer speakin' california-ese

Marty

mojavelyn · Posted: Tue Sep 19, 2006 10:46 pm Post subject:

Its beginning to rub off... Oh how I long for the rain and humidity and tornadoes of TEXAS!!!

added! Be sure to include the word IT alot.

added again... Get a hungry lawyer too. One not too far out of law school who has a lot of loans to pay back.

giladboker · Joined: 23 Sep 2006 Posts: 13

If you find how to sue them count me in!!!
They just suspend me when ever they want!!!

They have a system... When ever I place products to sell they have Excuse to suspend me and still collect there money for the advertising of products!!!!

Ebay!!! You are pathetic company who exploit many people!!!

It is against the law not to let us DELETE our account with credit information!!!

eeedoggies · Joined: 20 Jul 2006 Posts: 623

lol next they will just use our money to stake claim to all the lawyers too... like the word "it"

giladboker · Joined: 23 Sep 2006 Posts: 13

No Worries...
Ebay PayPal already uses your money for investments and interest!!!
If not why dont they transfer it directly to your account in bank?

elgato · Joined: 24 Feb 2005 Posts: 17241 Location: Texas

Contingency would be a must IMHO. Ashame OJ's lawyers passed away :cry:
Now that dude could rally some media attention for your cause !

More than likely ebay has attorney's on retainer for just this reason which is probably a full-time job for those ole boys

Good luck and please keep us updated, unless the Judge orders a gag order :shock:

airborne82 · Joined: 06 Aug 2006 Posts: 108

The problem with suing ebay is that no lawyer would do it on a contigency basis..

getting anything above your actual listing fees would require proving negligence or fraud on ebay's part.. ( you might have something with selective enforcement of the policy if other sellers never get sanctioned, but that would even be a stretch ).

most lawyers only take contingency work if they know the case is a slam dunk.. personal injury , crap like that..

sellers really don't have much leverage with ebay in courts... because the agreement you signed gives ebay alot of discretion...

Where ebay is open, and I am shocked there are not more lawsuits, is with Paypal.. basically it is a bank,, operating outside of the federal reserve system, that holds customer's accounts for months on end.. without any 3rd party oversight.. just that fact that they arbitrate disputes between buyer and seller, when they have a financial stake in the transaction screams lawsuit..

Actually the EU is going to beat ebay hard with a baseball bat over paypal.. ( yeah the EU is bored with hitting microsoft and hinted that ebay is next ).

There are also a few states that are not too happy with paypal skating the line of bank/financial institution..

rwink · Joined: 18 Apr 2006 Posts: 5 Location: Penfield, NY

Here's the problem with sueing a huge corporation. They have lots of lawyers who can file motion after motion to keep your lawyer busy and just bankrupt you before it even gets to court.

Unfortunately, our court system is really not built to allow the little guy to take on the big guy.

sickofit · Joined: 17 Aug 2006 Posts: 50

True rwink..There are a few websites out there but after having seacrhed some I was told the only way you would have a hope of a suit is on "Unfair Business Practices" which we all know ebay violates daily
try...www.lawyersandsettlements.com a good informative website..if you get anything going as far as a class action let me know for I have some issue with them also.
www.lawyersandsettlements.com