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Fri May 4 2007 12:31:05

Two Antitrust Lawsuits Against eBay

By: Ina Steiner

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I'm getting emails asking for the name of the attorney who is representing Michael Malone, who filed an antitrust class-action lawsuit against eBay in April 2007. So that I don't have to look it up each time, here it is, according to court documents:

Michael MacShane
Audet & Partners LLP
San Francisco
audetlaw.com
415-568-2555

As reported in AuctionBytes today, there was a second, similar lawsuit filed by Ann Farmer and Todd Van Pelt on April 23, 2007, that has been consolidated into the Malone lawsuit. They were being represented by

Jeff Friedman
Hagens Berman Sobol Shapiro LLP
415-896-6300
http://hbsslaw.com

I don't give legal advice, so please don't ask. As usual, I will report on developments in AuctionBytes, and I do welcome updates and news.

Oh, and BTW, as far as I can see from the docket, a conference in the Tiffany v. eBay lawsuit is scheduled for today, and the trial is set to begin on 5/14/07 in New York.




Comments (108) | Permalink

Readers Comments

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Jason Hayes

Sun May 6 00:40:44 2007

Ebay is trying to charge me 200 dollars because they did an audit and said that they overcredited a bunch of my listings from 6 months ago.  I have not sold anything on ebay for six months and now they are making up fees for me to pay.  These people are insane.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Rocky2120

Mon May 7 09:32:00 2007

Ebay has been rediculously raising costs for selling.. What IF the Sellers all started rebelling.. I think maybe the worm is turning, and now maybe we should charge Ebay for listing on their Website, Without us they have nothing!.  They seem to want to take all of the profit we have done all the work for.. Rocky2120 of Ebay.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Shellyrae37

Mon May 7 09:42:15 2007

I think acquiring PayPal has given Ebay entirely too much power, The big problem with Pay Pal is they even charge you for shipping fees that are paid.. Is that right?  I don't think so.. So Ebay gets money coming and going.. Give me a break.  Pay Pal is also too free with our money, anyone can complain about a transaction, 9 times our of 10 it seems Pay Pal will refund the bidders money, and the seller is out, sometimes out the item and the money.. Not right.. If USPS insurance is involved with the item.. Pay Pal should butt out.  
Whats your opinion on this?  Shelly

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Beady Eyes

Mon May 7 13:40:06 2007

If you accept a credit card or use a similar service the surcharge is on the total amount charged/paid.  

This is what happens when you use an electronic payment service.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Kirk

Wed May 9 14:58:53 2007

I've been doing business with ebay for years.  I am in the top 2000 largest ebay sellers world-wide - per feedback.  As a active power-seller I pay big fees to ebay every month.  One thing is for certain the auction market is flat and the rising fees are more and more difficult to justify.  I think more comp. will continue to level the playing field.   Kirk

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Richard Moroz

Mon May 14 22:06:53 2007

Ebay realy should have it's wings clipped, paypal should have to follow all the rules that banks do,and ebay should have to have some rules that it should follow, I was a power seller over 4,00.00 a month, they kicked me offf saying that I wa linked to a suspended user, will not answer my emails, will not let me phone them. I would gladly join a law suit against ebay

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Lawrence P

Thu May 17 00:26:39 2007

Definitely time for a class action lawsuit. It appears that ebay didn't learn the first time around. It's almost as if all you have to do is look at a buyer the wrong way or say the wrong thing (some buyer's can be maliciouly malevolent)and Ebay suspends your account. Moreover, Ebay doesn't seem to be able to do anything about scammers from Nigeria. My wife put some expensive phones up and got two hits within the hour. You guessed it, from Nigeria. And payment never follows. This is a waste of time and effort.

LP

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Michael Gerrity

Tue May 22 15:14:19 2007

Ebay got me as well. I had an Ebay store and they closed be down because I was linked with a suspended user.  They will not answer emails and they will not reopen.  Then they used my partners banking information to close him down because his bank account was linked to mine.

I am trying to file a lawsuit right now as well.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

This user has validated their user name. by: Bob

Tue May 29 23:11:37 2007

If there are any IP litigators out there reading this, please contact me.  I have a case against Ebay I wish to pursue as a possible 1st representative in a provable class action suit.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: bob

Tue May 29 23:13:41 2007

Here's contact info left out on my previous comment.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Rayce

Mon Jun 4 18:50:43 2007

I too, was closed because of some fictitious link to a suspended user. Except that when I called, I did get through, and the person said something entirely different as the reason for my expulsion from ebay. Even more balony! I decided to go with the flow and start my own websites and use Google free listings and Google checkout.  If ebay is going to behave errantly towards the people that spend with them, then, Im more than happy to spend more to support the other side of the coin.
Bad Ebay! Bad! Peeing on your customers is no way to behave.  Bad!  How could Forbes have given ebay any press?  Money or not, you shouldnt give strokes to misbehavior

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Arnold Familian

Tue Jun 5 19:08:04 2007

I am have problems they cut me off and do not answer me why. They are saying they want to see my paid bill for what I am selling. I have done business with the for years. Something is going on

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Gilbert Blevins

Sat Jun 16 14:40:00 2007

Two of my auctions were just removed for some type VeRo complaint. Ebay is useless they just refer me to VeRo the member. I bought the item on ebay and now I am unable to sell it because a VeRo member THINKS it infringes on his rights. No proof no recourse just SOL .

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Joe

Sat Jul 7 03:26:44 2007

I've had Ebay and Paypal attempt to FORCE me into using a Premier or Business account in which they can start raping me for ridiculous fees. They've removed a few of my auctions because I stated that I don't accept credit cards into my personal paypal account. These cock-smokers are going to get exactly what the f*ck they deserve. I'm joining ANY AND ALL CLASS ACTION SUITS I can against these thugs. I WON'T be dictated to about my preferred method of payment.
F*cuk Ebay and Paypal!

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Kathy Bannister

Fri Jul 27 15:31:22 2007

I will also gladly join a lawsuit against eBay. I have been suspended for 2 weeks because I have received >5% negative feedback in the past 90 days from buyers. I have two buyers who have left negative feedback. One filed negative feedback for non-receipt, but she suddenly "found" the item the day that I filed an online complaint with the FBI. The other negative feedback was filed by another buyer who I am currently involved in a Paypal dispute with. She damaged an item, and now she wants me to return her money and shipping fees. I too have no one to contact (just some link for Trust and Safety who sends back automated responses that have nothing whatsoever to do with my complaint). I have been scammed and now eBay has continued the scam. They do not support sellers in any way, even though sellers are their primary customer. They have not figured that sellers are vital to their business.
 Another issue...what is with a five point star feedback system for buyers to rate sellers? Why is there no similar system for sellers to rate buyers?! That has really made the playing field slanted in favor of the buyer. Ebay has yet to figure out that sellers get scammed by buyers too.
  Please let me know any way that I can help you. Someone should provide a link to this site through their "me page". I will guarantee you that there are many other sellers who feel just like we do...

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Berl Watters

Mon Jul 30 12:39:44 2007

I think eBay is way out of control. The buyer is getting away with to much and the seller loses money and respect. I pay both eBay and paypal for listings and I get less then 40% and I do all of the work. then The feed back system is out of line if I buy an item I should get positive feedback this happened.
******
I think eBay needs to change the feedback system! I say this because I have been with eBay for a few years and PayPal just to support the eBay system and to keep it a safe and fair place to sell and buy. I have worked hard to make sure I take care of the people I trade with and I go above and beyond for them to maintain my 100% feedback rating. Then I get hit with a trade that I paid for and the trade went wrong when the person canceled a hosting account because he posted the auction to start at $0.01 and I put a bid on this and no one bid on it but me. So I won the hosting for $0.01 per month and he canceled the account after I put all the time in to upload the site to the server. He did not make enough money so I left feedback based on the truth and he started a square trade process on me. I won the case and my feedback was left on to make sure people was aware of the way he traded. So after he lost his case he turned around and left me bad feedback? I paid on time and even offered to pay him more for his hosting if the service was good. I did everything I could to keep my good feedback score and eBay allows this type of person to mess your hard work up. I do not think that is a good policy to have. I am spreading this all over the Internet to let people know how the feedback system is. This is a loophole for bad people to ruin the safe place to buy and sell. So I ask eBay to change this so this kind of thing does not happen. I will not stop till this policy is changed and eBay stops this from happening. If a person pays on time and takes care of his part the feedback should auto post, as Paid and positive feedback should be left. Please if you read this e-mail eBay about this policy. Free form feedback is not the way to make sure the eBay trading place stays safe for good eBayers.
******
I have paid so much to eBay and I get treated like I do not matter to them. Time some one starts a new type of low cost auction site. Put them out of business. I also found that google has a online payment system now for my website. eBay I'm Tired of getting ripped off.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Brent

Tue Jul 31 01:34:23 2007

I'm glad other sellers get treated like crap.  This guy running trust and safety should be run out of town.  He treats all sellers as criminals.

I have 6 ebay accounts and bring in 7 figure revenue from ebay.  I've about had my feel of all the BS.  Trust and Safety is run by idiots.  

One of my accounts was just restricted due to the >5% negative/neutral feedback rule.  Kind of funny considering this account has a 98.7% rating and all the negative and neutral feedback added together only amount to 3.2% of the feedback received.  Of course, someone can't add and thinks 3.2% is greater than 5%.

I'll call my account manager and get it fixed tomorrow.  The problem is I am sick of dealing with this kind of thing constantly.

T&S guy has got to go.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: reno

Wed Aug 22 10:29:53 2007

Tiffany wins this one.  eBay will have to change it's complete model or dissolve.

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Ann

Mon Aug 27 05:23:19 2007

To everyone that posted, they would like to join a class action suit, you must Link Your Email address for anyone to contact you. I linked mine, if anyone wishes information
Regards
Ann Farmer

Two Antitrust Lawsuits Against eBay   Two Antitrust Lawsuits Against eBay

by: Dan

Mon Aug 27 07:57:50 2007

Im in, Ebay trust and safety dept sell on Ebay and go after there compitition.
I reported fraud to them, they canceled all my listings said it was for site interferance, and that I emailed bill Cobb too many times LOL It was more like I interfered with there FRAUD. I was a Powerseller with 100% feedback. My advice look at your compitition and ask yourself why ebay does nothing to some yet cancels others, its a big money scam & I stumbled on proof, yet I cant seem to find anyone willing to stand up to ebay legally, they even have the BBB in there pocket. any help or advice would be appreciated. Thanks Dan
Every agencie Ive filed complaints with refers me to another.

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