header.nohb.html

Problem with eBay profit taking... Can we do Class Action?

Drdrumdude3009

DFO Master
Joined
Aug 12, 2020
Messages
5,220
Reaction score
5,214
Location
Roxana, IL
The GOAL is to make eBay pay!

The civil legal system is designed to intervene when one side gets too powerful.

eBay buyer protection has gotten too strong. This allows for bad actors to take advantage of the public.

I'm not worried as much about money ...but Justice and fairness are important for our free enterprise system to flourish!

Okay- you understand, then.
 

JazzDrumGuy

DFO Star
Gold Supporting Member
Joined
Feb 16, 2016
Messages
13,602
Reaction score
5,559
Location
Pebble Beach, CA
The GOAL is to make eBay pay! Hopefully, this makes them change.

The civil legal system is designed to intervene when one side gets too powerful.
On paper, this sounds noble. Unfortunately, that's not the way it works. EBay is not going to change its policies and procedures for you over a $499 deal.

I don't do class actions but I've been in the civil system nearly 30 years. I've got up against the biggest companies in the world and nail them. None of them change the way they do business. Even mom and pop companies have been nailed and in my mind I would think they would change their business but no. Insurance pays and everyone moves on. I've gotten a lot of justice for clients, but I've definitely seen a lot of Injustice as well.

The fact that there was a crack that was covered by paint but was not fully disclosed per the listing words or pics, still makes it a crack in the shell or edge. Whether it was Major or minor, the point is that it should have been disclosed. My policy is always over-disclose so there is lesser chance of these shenanigans. Especially with the eBay policy that favors a buyer.

However, I'm just trying to figure an angle for you to get your money back, or as much of it as possible. I'm also interested in your position that makes it sound like the policy changed mid transaction. That may be a leg to stand on in terms of a reliance agreement, but still would also be a long shot.

The problem is the value of the case is so low you're stuck in small claims and because you presumably are out of state, it's not worth filing a small claims action.

Whether you can fund a class action suit, as you stated earlier, is probably wishful thinking. I'm not going to take a case on a contingency and put all the work in hoping that my client will fund the case. Normally a contingency lawyer will advance all costs which means there better be some serious potential outcome that can be reached. Otherwise, you're basically working for free which obviously doesn't make sense. Doing it for "principal" won't accomplish what you are trying to do, and good luck finding an attorney that will work pro bono on something like this. I don't see it as a matter that affects the general public. This is a private issue with people who use ebay. Yes, that could be millions of people and possibly others have a similar predicament, but I defer to a class action attorney for actual merits of such a claim. You still haven't an articulated what theory other than what's mentioned here. Breach of contract? Fraud? Antitrust? Monopoly? Maybe unfair business practices? If you are serious, there's plenty of class action attorneys in the Bay Area.

Again, I'm just trying to brainstorm ideas to try and recoup your funds if possible.
 

Rich K.

DFO Star
Gold Supporting Member
Joined
Aug 5, 2005
Messages
13,281
Reaction score
3,882
Location
Peterborough, NH
General observations, setting aside feelings, and in no particular order:

1) I don't see one transaction as the basis of a class action. What is your theory?
2) Why was a return started? What was your return policy? Or was it something that was not as described, arrived damaged, etc.?
3) Have eBay forward you the alleged email they sent you with the return label, or at least the tracking #.
4) Was Paypal involved? Can they step in to assist you?
5) Where is the seller located?
6) What was eBay's fee on $499? Please account for the $97.00.
7) Why did you offer a $100 refund? What was the buyer's response? I'd have to see the initial buyer complaint that prompted the partial refund?
Although buyers can still use PayPal, they no longer are the system that remunerates the seller, so I'd imagine a buyer could get PayPal involved in a dispute, but not a seller.
 

drawtheline55

Owner/admin
Administrator
Joined
Jan 31, 2011
Messages
4,587
Reaction score
1,664
Location
Boston
Check your state laws for whats called "false and deceptive business practices" in my state (MA)
it is called chapter 93a.......I recently sued Paypal under it and won.

I do believe every state has it, you would be suing for 3 times the amount PLUS reasonable attorney fees.
The way it works is if the judge finds for the plaintiff (you) he can award double to treble damages.

In talking with my lawyer, if they find hanky Panky they always go treble damages.

What you need to do is find exactly what ebays return policies are and if there is a timeline were you in it etc.
 

Tornado

DFO Star
Joined
Sep 6, 2017
Messages
6,042
Reaction score
9,022
Location
Dallas
this is the part that does not seem legal
Having hard time believing someone or 'thing' (AI) said that at ebay.
Where does ebay get off- saying what can be kept by whom- It's ridiculous

just when you thought the internet couldn't get any weirder

Are you allowed to say As Is No Returns anymore?

What eBay is doing is essentially telling the buyer that they aren't going to interfere with the matter any further. They are washing their hands of it, and if the buyer doesn't return the snare to the seller they aren't going to hold it against them. I don't think they would claim to be deciding who keeps what, although that may be what is effectively the case.
 

JDA

DFO Star
Joined
Aug 7, 2005
Messages
32,866
Reaction score
22,031
Location
Jeannette, Pa.
What eBay is doing is essentially telling the buyer that they aren't going to interfere with the matter any further.
yea If the guy gets his money back plus gets to keep the snare;
I'd say somebody out smarted somebody and or the system

Commodore said:
eBay instructed the buyer they can also keep the snare.

instructed? never heard of it
 

Commodore

Well-Known Member
Joined
Sep 10, 2021
Messages
312
Reaction score
347
Location
Charlotte
post 34

I've been on eBay for over 10 years. In the beginning they covered my inbox with announcements, notices, etc. ...So, I opted out of email notification.

Changing this case from eBay messaging system to an email notice was missed by me. Therefore, I was kept in the dark.

eBay benefited ...because in the new rules they could keep the commission ....by screwing me.
 
Last edited:

Rich K.

DFO Star
Gold Supporting Member
Joined
Aug 5, 2005
Messages
13,281
Reaction score
3,882
Location
Peterborough, NH
Check your state laws for whats called "false and deceptive business practices" in my state (MA)
it is called chapter 93a.......I recently sued Paypal under it and won.

I do believe every state has it, you would be suing for 3 times the amount PLUS reasonable attorney fees.
The way it works is if the judge finds for the plaintiff (you) he can award double to treble damages.

In talking with my lawyer, if they find hanky Panky they always go treble damages.

What you need to do is find exactly what ebays return policies are and if there is a timeline were you in it etc.
Would love to hear about suing PayPal!
 

drawtheline55

Owner/admin
Administrator
Joined
Jan 31, 2011
Messages
4,587
Reaction score
1,664
Location
Boston
Would love to hear about suing PayPal!
Ok, try to do long story short.....I bought a reel to reel off a lawyer in FLA. he shipped it, was bent and didn't work, turned on but thats about it, he did the right thing had fed ex pack and ship, he told them it was top heavy, mu guess they dropped it and things got biffed. I open a paypal case and here is the important part......I took pictures of all my correspondence between me and paypal.

He files a claim with fed ex, they short change him and offer him way less, I said you paid for insurance, he takes it $450.00 plus $200 ship $650.00 original purchase $1750.00

I then file the claim with paypal, they deny it, saying I didn't do it in time, well they kiboshed all our correspondence which would prove I did, in my mind I have them, they have now entered into false and deceptive business practices. I call my lawyer, we write whats called a chapter 93a letter demanding payment of 1750.00 OR we will go to court demanding treble damages $5250.00 plus legal fees.

My lawyer says they received it and the clock is ticking ( they have 30 days to respond)
I made it clear to them that I have all video proof and evidence everything was done well within the time frame.

While waiting I settle up with my lawyer and said, send me the 650.00 and you are out if it, regardless of what happens with paypal, he does, so he his done.

About two weeks later I see the $1750.00 in my paypal account and a note saying we agree with your
situation, my gut tells me that was the 1st time a human looked into the case, bet they deny everyone and hope they go away.....I didn't. I tell my lawyer if they want this thing, they can pick it up.

I let 3 months go by...nothing, put it on ebay no reserve, parts use only, sells for 1100.
So I got my 1750.00 back plus 650 plus 1100 less my legal bill all of 150.00 to write the letter.
Cleared $1500.00 on the transaction....just wanted my money back....who knew.
So thats my paypal lawsuit.

PS...once settled with the lawyer I bought it from...he said "you will never get a dime out of paypal"
Kind of makes you go hmmmm
 
Last edited:

el_37

DFO Veteran
Joined
May 25, 2009
Messages
1,769
Reaction score
685
Location
NYC
post 34

I've been on eBay for over 10 years. In the beginning they covered my inbox with announcements, notices, etc. ...So, I opted out of email notification.

Changing this case from eBay messaging system to an email notice was missed by me. Therefore, I was kept in the dark.

eBay benefited ...because in the new rules they could keep the commission ....by screwing me.

But they didn't keep the commission- they refunded the buyer $499 not $402. They then took $499 from you because as they clearly state in their buyer protection policy- sellers are required to reimburse them when they refund the buyers money in a not as described case where they side with the buyer.

If roles were reversed would you only take back $402 when you refunded $499?

Everyone who sells on ebay needs to not only read both the buyer and sellers protection policies- but know them backwards and forwards if they want to avoid issues such as the one you had. Understandably, people don't really want to bother when selling casually- and that is their prerogative- but don't sell on ebay if you don't want to deal with their policies.

Ebay has changed over the years, but I remember the old days when they always sided with the sellers and you also got no refunds if you didn't get the item or it was not as described. It was a free for all and it turned off many people from using the platform to buy. There is no shortage of sellers on ebay- so in order for the business to grow they needed to instill confidence in buyers that they were going to get what they paid for or get their money back. Have people exploited this? Of course, but people also exploited it when there was no recourse for sellers who just took your money and either never sent anything or sent junk.
 

JazzDrumGuy

DFO Star
Gold Supporting Member
Joined
Feb 16, 2016
Messages
13,602
Reaction score
5,559
Location
Pebble Beach, CA
See my post a few above, I explain it there, thanks, Ben
Bravo! I was more interested in the pleadings and legal action but thankfully it didn't get to that point. Unfortunately, you did not get treble damages. I would have definitely have loved to have seen that! They're only about an hour+ away from me ( PayPal and eBay HQ) so suing them would be the easy part of course. It hasn't gotten to that point.....yet....
 

drawtheline55

Owner/admin
Administrator
Joined
Jan 31, 2011
Messages
4,587
Reaction score
1,664
Location
Boston
Bravo! I was more interested in the pleadings and legal action but thankfully it didn't get to that point. Unfortunately, you did not get treble damages. I would have definitely have loved to have seen that! They're only about an hour+ away from me ( PayPal and eBay HQ) so suing them would be the easy part of course. It hasn't gotten to that point.....yet....
My lawyer thought I would have gotten treble damages if it went to court, they definitely tried to pull a fast one.
 

Tornado

DFO Star
Joined
Sep 6, 2017
Messages
6,042
Reaction score
9,022
Location
Dallas
Bravo! I was more interested in the pleadings and legal action but thankfully it didn't get to that point. Unfortunately, you did not get treble damages. I would have definitely have loved to have seen that! They're only about an hour+ away from me ( PayPal and eBay HQ) so suing them would be the easy part of course. It hasn't gotten to that point.....yet....

This conversation made me think of this scene

chopper-arnold-schwarzenegger.gif
 


Top