Suing eBay Inc. (Corrected)

Hello friends,

I live in Ohio (USA). I need to know what you guys think about this. I was wondering if I could sue eBay Inc. What happened is that, they have messed up my eBay profile, which took me almost 3 years to build. I had a 100% feedback from a total of 171 feedback ratings with no negative feedbacks ever.

Now all the sudden, my feedback ratings changed from 100% to 98.4% (and for the fact 98.4% was considered to be a poor seller prior to eBay's feedback changes.) This happened because they just recently introduced their new feedback policy on May 14,2008. Under this new policy neutral feedbacks do take your percentage down. But the catch here is that this new policy was never their before May 14, 2008. I received this neutral feedback back in January 2, 2008, when they had the their old policy, in which neutral feedback could not take your feedback ratings percentage down.

So in simple words .... That neutral feedback must be calculated under the policy that was their in January, 2008, which was their "old feedback policy" , since that feedback was received in the month of January NOT May.

Now I know this might of happened to lots of other eBay sellers, but most of them do not have 100% feedback anyway so I do not think they would care a lot, but those like me who had a perfect hard working 100% feedback would also be very angry and disappointed with eBay. But the only difference between me and lot of other angry and disappointed people is that, I would like to turn my anger into a law suit.

So the bottom line is that I am a US citizen , and I would like to know if I could sue eBay Inc. and win the case. I would probably hire a good lawyer if I have a good chance of wining the dispute. Please guys let me know what you guys think about this, I would really appreciate any amount of advise that you guys can give me.

THANKS !!!!!
Ravi

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior... You may also report them to the state attorney general's office.

But maybe just encouraging a change at ebay by mass customer input is the best way??

Even if you go small claims you'll have to do it in San Mateo, CA because of the venue clause in your user agreement. You can try to defeat the clause but good luck with that without a lawyer - and if and when you do be prepared to face a claim that the UA requires mandatory arbitration (which you will NOT win).

For the feedback claim there are two more obstacles. California's CDA act is used to indemnify them against feedback defamation. Even though Grace v eBay weakens that it's been practically an automatic cookbook win in these types of cases. You're dead certain to see it. The second obstacle is a clause in your User Agreement which indemnifies eBay from any claim arising from the actions of third party users of the site. Such as posting feedback.

I am not a lawyer - get one even if you're looking at small claims.

my account has been restricted for a minimum of 30 days. My ads have been all removed even the ones that have bids on them because of seller non performance.Alert MCO63 SNPD. I have been on Ebay since 1999, I have over 25,000 feedbacks and my ads have not changed in six months but as soon as Ebay changed the rules on feedback I got 8 negatives in 3 weeks. I have not got but one in the last 30 days and I only have 2 in the six months prior to the new Ebay rules and one of them was a negative where the guy didn't even pay me for the item. I live in Memphis TN and I am ready to take whatever legal action I can to protect my lively hood. Which is 95% on Ebay. Any help would be greatly appreciated. Thanks

Originally Posted by Unregistered Even if you go small claims you'll have to do it in San Mateo, CA because of the venue clause in your user agreement. You can try to defeat the clause but good luck with that without a lawyer - and if and when you do be prepared to face a claim that the UA requires mandatory arbitration (which you will NOT win). For the feedback claim there are two more obstacles. California's CDA act is used to indemnify them against feedback defamation. Even though Grace v eBay weakens that it's been practically an automatic cookbook win in these types of cases. You're dead certain to see it. The second obstacle is a clause in your User Agreement which indemnifies eBay from any claim arising from the actions of third party users of the site. Such as posting feedback. I am not a lawyer - get one even if you're looking at small claims.

I wonder if they could be sued from the standpoint that the ebay member is a representative of ebay, and sued in the state of the member instead.
Especially since not sellers cannot leave feedback for buyers even if they do not pay for the item.
If a member of ebay did not pay, what qualifies them to leave feedback at all since they have no business relationship with me ? The only business relationship they have with me is being a member of ebay and thus they are a representative of ebay at that point since they are not a customer of mine.

Guess they removed all talk of suing them over at the ebay forum???

The link is no longer active.

Ebay gets away with it cause they are a multi-Billion$$(you have ebay, paypal and a few others,That does not =millions it = multi-billions) Company paying people off.. has nothing to do with being right or wrong. This is america there is no justice...With the economy going the way it's going who do you think they will go with.. THEY WILL TAKE THE PAY OFF.. less work, they do not have to do nothing, and just recieve a check for not doing their Job...I have been dealing with ebay for years, and recentlly they tried to tell me I am wrong on a matter, and I proved it to them that I am right. now they are threating me with suspension. I can no longer go into the posting areas.. I posted a post that proved them wrong by their own rules.. and was quickly taken down...I have checked into other auction sites, and websites to sell.. look at the fine print see who they really are.. I like ebay.. I do find people who work there that know what they are doing, and how it works..It's just a pain to have to keep calling till you finally get someone who does know their Job.. Good thing it's an 800#.. You can sue ebay and win...You will have to do it yourself.. If the economy does not turn around.. Ebay is not gonna be doing to good either pretty soon..

Does Paypal refund the full amount for an undelivered item worth $1300.00 paid with paypal ?

[sandra]

Originally Posted by Unregistered Hello friends, I live in Ohio (USA). I need to know what you guys think about this. I was wondering if I could sue eBay Inc. What happened is that, they have messed up my eBay profile, which took me almost 3 years to build. I had a 100% feedback from a total of 171 feedback ratings with no negative feedbacks ever. Now all the sudden, my feedback ratings changed from 100% to 98.4% (and for the fact 98.4% was considered to be a poor seller prior to eBay's feedback changes.) This happened because they just recently introduced their new feedback policy on May 14,2008. Under this new policy neutral feedbacks do take your percentage down. But the catch here is that this new policy was never their before May 14, 2008. I received this neutral feedback back in January 2, 2008, when they had the their old policy, in which neutral feedback could not take your feedback ratings percentage down. So in simple words .... That neutral feedback must be calculated under the policy that was their in January, 2008, which was their "old feedback policy" , since that feedback was received in the month of January NOT May. Now I know this might of happened to lots of other eBay sellers, but most of them do not have 100% feedback anyway so I do not think they would care a lot, but those like me who had a perfect hard working 100% feedback would also be very angry and disappointed with eBay. But the only difference between me and lot of other angry and disappointed people is that, I would like to turn my anger into a law suit. So the bottom line is that I am a US citizen , and I would like to know if I could sue eBay Inc. and win the case. I would probably hire a good lawyer if I have a good chance of wining the dispute. Please guys let me know what you guys think about this, I would really appreciate any amount of advise that you guys can give me. THANKS !!!!! Ravi

Check the links below:

Posted May-26-08 03:17:48 PDTMy name is Tom, my handle is treasureisland777. I am a Power Seller on ebay. I am looking for anyone interested in a class action suit agaist ebay and their recent feedback policy change. I received a negative feedback from a very inconsiderate buyer that did not even have the common courtesy of contacting me to inform me that he was not satified with the item he won. As most of you know, keeping a good feedback record is a very important aspect of having customers feel confident to purchase from you. Ebay refused to correct the problem and responded by sending me some meaninglless form letter stating that, "their hands were bound" and that "it would be a liability if they changed the feedback". That just basically tells me that all ebay cares about is the money they make off of us and do not give a hoot about what happens in the trenches. I am sick of ebay's exorbitant fees and disrespect of the people that truely keep ebay going, the serious sellers. Ebays corporate officers are literally making million off of us and that is all they care about. They have a very condescending attitude toward small time guys like me. It's time for a change, we need to show ebay that there is power in numbers and that we are getting sick and tired of their disrespect and inconsideration. Also, if any one knows of a new or better auction site, please contact me. I have a feeling I am not the only person who has feels this way. I hope to find a medium that will destroy ebay just as Craig's list did to the classifed section in newspapers.

CLASS ACTION LAWSUIT AGST EBAYS NEW FEEDBACK POLICY
eBay Blogs - CLASS ACTION LAWSUIT AGST EBAYS NEW FEEDBACK POLICY

Michael Geist reported in the July 23 issue of BNA's Internet Law News (BNA's Internet Law News) that a California appeals court has made its ruling in the Grace v. eBay case, a lawsuit went to the heart of eBay's Feedback System, a method for rating a transaction that ultimately helps establish a member's reputation.

Appeals Court Rules in eBay Feedback Liability Lawsuit
Appeals Court Rules in eBay Feedback Liability Lawsuit

eBay is in trouble, just about everyone knows that, as signs of disaffection are showing up everywhere. eBay relies on its sellers as representatives of eBay, but when the seller sues the buyer for neutral feedback, we start getting into more signs of the apocalypse, with one of the best comments ever in a standard news press article ever, worthy of Fark in its just blatant directness.

eBay buyer sued for leaving neutral feedback
April 25, 2008 by: admin
eBay buyer sued for leaving neutral feedback « TechWag

I had a perfect 100% after 218 positives. I bought a guitar from a seller in Ohio. I don't know much about fine detail in guitars. But, I knew the company's reputation. After several people in the know saw the guitar and raved about sound and condition and how to keep it that way, I got the idea to sell and buy something a little cheaper. It was sold.
The buyer went balistic. In emails called me "crook" and theif. This after I agreed to take the guitar back and refund in full. The listing was a "no returns" listing. No matter -- I refunded the money.
I received a negative feedback. Not about the guitar, not aboutt slow shipping, or too much for shipping or poor packing -- about me! "Scam artist." "Avoid him."
Hey I don't mind that he badmouths the guitar but not my integrity.
What did the Bay do about it? Zip. Nada. Nothing. So my rating changed to 96.2. One out of 218. 96.2.
I hope someone in the know about legal matters reads this and offers a suggestion or two. And in San Mateo, California, you would have a snowballs chance in hell of winning or getting enough damages to make plane fare to L.A. or a bus ticket to Albuequerque.