Class Action Lawsuit Against Ebay? (for not paying back sellers)
This is a discussion on Class Action Lawsuit Against Ebay? (for not paying back sellers) within the Small Claims Courts forum, part of the Civil Litigation category; Dear Friends, I'm thinking about starting a class action lawsuit against ebay for not paying back sellers their final value ...
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#1 |
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Junior Member
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Join Date: Jan 2012
Posts: 1
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Dear Friends,
I'm thinking about starting a class action lawsuit against ebay for not paying back sellers their final value fee when they partially refund an item and I'd like your feedback. Here's what's happening. When an item sells on Ebay the seller is charged a final value fee based on the full sales price of the item. For many transactions a seller needs to partially refund an order to appease the buye...r. I recently partially refunded an order because I offered a shipping discount if the buyer bought more than one item. Common sense dictates that I should pay a final value fee based on the final price the buyer paid. Ebay does not use common sense in this regard. Ebay charges me the final value price based on what the item initially sold for. I contacted Paypal regarding this issue and they assured me that I would be reimbursed by Ebay for the difference. I called Ebay and at first they said I could get the money back, after putting me on hold for 30 min and I called back, they said it's in their policy that no partial final value fee can be given. With this policy Ebay is reaping countless dollars off of final value fees that are not the true selling price of the item. What do you think of this and what can be done to prevent this unethical, and possibly illegal, practice by Ebay. |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,625
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I wish to inform you that Class Action lawsuit may be filed by you under Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. § 1332 (d). Further you may file a complaint with Federal Trade Commission. Complaint can be filed online with FTC. Further as ebay has has taken money online thus you may also report to IC3 and inform them regarding unfair practice of ebay.
AFF |
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#3 |
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Top Level Member
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Join Date: Apr 2011
Location: Florida
Posts: 6,816
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It takes a ruling by the court to allow certification of the class in order to sustain a class action suit. This type of case is not rubber stamped but needs several elements to be proved to the court to get it certified as a class action suit, numerosity of plaintiffs, common facts to claim, a couple of them. One can count on the defendant corporation having a staff of attorneys to vigorously defend and bury one in paper, too. So these types of suits are usually pursued by law firms that have a good sized support staff.
It is a matter for an attorney to handle and needs to be brought in superior court, not small claims for there is no provision in small claims to bring such suits. You should be approaching law firms who pursue such claims. |
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#4 |
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Top Level Member
Join Date: Sep 2010
Posts: 3,437
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if you opt for a class action find out similarly affect persons and file a suite. In this the joining parties to the suite have to adduce evidence against the case and it must show uniformity. Court will consider the case only after verifying the veracity of the case.
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#5 |
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Guest
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I have lost a lot of money to this penomenon as well. If you manage to get this thing off the ground consider me in
gravesxxx@aol.com |
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#6 |
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Guest
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I am really mad with ebay and would love to take Ny legal action against them .add me davidp0830@gmail.com
Thanks |
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#9 |
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Put me on your list too. Ebay has gone over board greedy. We are doing all the work and they are getting all of our profits. They keep coming up with new ideas to cut into our pie. I have no pie left to share. I use to make dollars now i make pennies :'(
There should acutually be multiple Actions against ebay. Such as #1) this partial refund fees not being refunded. I agree, they have scammed us all out out countless amount of money for this. We are talking about millions of transactions. It adds up to lots of $$$. And if you don't partially refund, the buyers can keep you hostage by leaving you with Low DSR'S and or a Negative feedback which results in low selling performance. Ebay is rubbing thier hands of greed on this one to, please read on. #2) As a result in low seller performance ebay/paypal team hold your funds until 3 days after a buyer receives the product. If the buyer has the product that I bought, then sold and sent and the buyer has it in thier pocession I need to be paid, I should not have to wait any longer, I mean I still had to wait for them to recieve ok but then an additonal 3 days, WHY? By the way you have to call to get those funds released it is not always automatically refunded. Wasted too much time and money on this BS. Ebay suspends your money for one month for low selling performance. #3) Ebay charges a fee for shipping. Really? I have to pay more than what it really costs to ship the package to a buyer and try to do this without trying to charge shipping or insurance to a buyer or take a chance of having low DSR'S for charging shipping. We are doomed from the get go. We keep giving and we are not getting. Who comes up with these greedy rules. Come on now. This vicious cycle is making ebay richer by collecting interest off the money you have worked hard for. Meanwhile you juggle to keep a float while your finances are beeing kept hostage. I believe there are thousands of other sellers who feel the same way but they just don't know how or have the means to do anything about it. But this is a start. I hope that we can get a re****ion soon. Cause ebay has all of our money to pay for those high profile Lawyers. But the more people that protests the more we have a spine. |
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#10 |
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Guest
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Paypal just refunded $200+ dollars to the buyer because I do not have proof of delivery to the buyer's house. For First Class USPS Mail, they do not provide delivery confirmation and I also shipped through Ebay. The buyer is a fraud and Ebay side with the buyer. There is no seller's protection! Not only that, Paypal and Ebay did not refund the fees they charged my account for selling on Ebay and receiving funds through Paypal. They are robbing me with their eyes opened!
I am in for a class suit! aluyen@aol.com |
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