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Mon July 30 2007 22:22:16

Contacting Lawyer in eBay Class-Action Lawsuit

By: Ina Steiner

Sponsored Link

After I published contact information contained on documents in the auction-duration lawsuit filed against eBay (previous blog entry), the plaintiff's law firm contacted me with updated information. They created a page on their website that has more details along with an 800 telephone number:

"Williams Kherkher is the lead counsel for the eBay seller class action. Please direct all calls and questions to Mary Jimenez at 800-220-9341 x337. Our firm website is www.williamskherkher.com for more information."

As always: I am not a lawyer and this is not advice.

UPDATE 1/18/08: Looks like they changed the page address, the information page can be found here.




Comments (27) | Permalink

Readers Comments

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: alex

Tue Jul 31 04:13:48 2007

Very nice site. Thank's for help. Will tell about you to my friends in  Kanzas city .

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: V

Thu Aug 2 09:32:42 2007

Does anyone realize what this lawsuit means if the Courts find it in favor of the Plaintiff??? We will all have to get auctioneer's licenses! Please, please read this excerpt:
''It's interesting to note that the plaintiff takes great pains to argue that eBay is an auction house, something eBay has for many years stated it is not. Ewert states in his complaint that if eBay is not an auction house, then eBay failed to disclose to sellers that they must abide by California's Auction Act. ''If eBay is not an auctioneer and/or auction house under California's Auction Act, then it is the innocent eBay customer that is the auctioneer.''

That is ridiculous! Do we want to get licensed? Do you know how costly it is? How long it takes? Will we have to get licensed in all 50 states? Please, folks, read the claim before you jump in. You could be shooting yourself in the foot if I understand this correctly.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Steven Morris

Thu Aug 2 14:01:59 2007

I think V is completely wrong.  I read the complaint in its entirety.  We are not shooting ourselves in the foot.  The lawyers are trying to make eBay get a bond or put up a bond for the "innocent sellers" because they did not disclose the fact that California law requires it.  It just goes to show how evil eBay is in making a buck off innocent sellers.  The bond would also let us file a claim against eBay without having to file a lawsuit.  Kudos to the lawyers - this is a great strategy!Ultimately, this will provide we the sellers with more protection.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: ranson

Sat Aug 4 10:55:30 2007

Thanks for all the help with this

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Tony

Mon Aug 6 01:08:26 2007

Hi Ina
Late last month (July) I thought I had purchased a Ford Mustang of Ebay. The auction was a buy it now.
Before contacting seller I checked his feedback ratings 347 items 99.7% and comments, I also paid for car fax report all checked out Ok.
I contacted seller via Ask Seller a Question button.
The reply came back answering my questions agreed on price and advised me to complete sale by comitting to buy via ''Buy It Now'' button on page and to follow directions.
After comitting to Buy It Now the next page came up with EBay Logo my full details including name & address and also sellers bank details for wire transfer.
Unfortunately for me I had my bank transfer funds later that day.
It wasn't until after this I realised the item was not appearing in My Ebay. I contacted Ebay immediately asking for clarification, I got a respone from Nancy W that Ebay was aware of the issue and was working to resolve it.
They would advise me when problem was fixed. 5 days later the report came back that the site had been hijacked and closed down, ultimately they told me I was dealing outside of Ebay and they can't assist me any further. They also said to contact bank and stop funds, 7 days after the event, their joking aren't they.
Due to privacy laws here in Australia you cannot get other peoples bank account details. I have their account number but that is all.
The big problem with Ebay is the lack of ability to contact a real person, through Live Help you get fobbed of to ''Safe Harbor'' or ''Trust & Safety Dept'' and all they do is send out automated replies that really do nothing to pursue the perpetrator.
These departments sound like the type of security you need when dealing online but they are really just storefronts with no actual interest in rectifying fraudulant behavior.
I have been dealing with Ebay as a buyer & seller since 1998 and this is the first problem I have encountered, alas the largest transaction and I feel helpless in trying to get my money back.
Is their any one you know I can contact in assisting with this matter, are their other people out there in Ebayland that have been victims to similar scams.
I have reported this to FBI but because they recieve several thousand Internet fraud reports every month who knows how long it will take.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Gloria Simmons

Wed Sep 5 02:08:18 2007

I was also ripped off by ebay when I purchased a car through them.  I am on SSDI (a very fixed income!) and could not afford this.  I am stuck with a car tht my mechanic told me isn't worth fixing.  Now,when I ned to take my son to & from his university (6 hour drive each way), I have to rent a car.  How can I get into a classaction lawsuit against ebay? Is there one currently going on?  Thank you.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Shaun Sims

Wed Sep 5 15:57:15 2007

I have just had an identical experience to Tim this week in relation to a Nikon Digital Camera. In fact its so identical I'm wondering just how deep the problem goes. I responded to a Second Chance that did appear within 'My Ebay' email box and contacted the seller from the button within that email. From there it has been the same experience. Send the money in good faith and now be told I have been duped. Ebay are denying that the second chance even came from them! These guys need to be stopped as they take no responsibility whatsoever. I would be interested in just how many of us are out there Tim

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Kurt Malerich

Fri Sep 14 21:03:41 2007

In June 07 I purchased a Suzuki ATV from an eBay auction. As far as I could tell it was all through eBay. The eBay ‘website.’ had positive feedback buyer and protection authorization. I checked email and links on the ‘eBay site’, etc. It turns out that the site was fraudulent and eBay did shut the original auction down. They stated that they advised everyone that had bid on the site that it was closed but they didn’t contact me. I had asked the seller a question and they responded back to me with a very elaborate eBay website. When they contacted me through my email and used a fake eBay web page I never knew it wasn’t eBay. EBay states that it’s not really their site so I have no recourse but that they will be happy to assist law enforcement with any investigations. Big Deal!
EBay did have records of me contacting the ‘seller’ through eBay email but they never contacted me. I contacted the FBI and local law enforcement and supplied them with pages of documentation. The only response I got was lack of evidence precludes further investigation. I paid the ‘seller’ through a Western Union transfer, something I now know you’re not supposed to do. Don’t the Western Union offices have video surveillance so that they could at least see who picked up the money transfer? They had the exact time of pickup and had to have government issued photo ID of the recipient. It took me several days of searching eBay to find all of their fraud prevention information conveniently hidden in their security section. I believe they intentionally hide important safety information from buyers so that they don’t lose any legitimate business due to caution or fear factor. If you are taken by a fraudulent ‘seller’ you have no recourse with eBay. They are content to rake in billions in commissions but do little if anything to prevent buyers from being defrauded. If there are any class action suits to force eBay into protecting buyers then let me know so I can sign up!

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Tammy

Wed Sep 26 16:30:46 2007

Hi! We are thinking of filing a suite because of the ignorance of there customer service. They say that us as Sellers need better customer service. These people get a fortune from us. When we need to talk to someone there is a limited. You can not talk to anyone in there Trust and Safety department THERE IS NOONE. So they limit your account and get to it when they can. Neutral feedback is considered Negative so why have Neutral. We strive to have 100% fb but hey there are people out there that don't even know how to use this system. Well we will be in touch with a lawyer tomorrow. Good Luck everyone.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Travis

Wed Oct 3 22:48:17 2007

Tammy:

If you are reading this, can you contact me? My name is linked to my email address.

I am thinking about filing a suit as well. I'd like to share my story with you and see if maybe we can work together on filing something against eBay.

I had my eBay accounts suspended and eBay refuses to reinstate them despite the numerous emails and faxes I have sent them. You are correct, you are unable to speak with anyone within the Trust and Safety department. It's a total joke. In the mean time, I'm out thousands of dollars!

Thanks,

Travis

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: raymond barski

Sun Oct 28 21:01:13 2007

a seller with a zero feedback was selling a patek philippe watch.  he was also selling 4 other items on ebay. with about an hour to go on the watch seller wiped out all my bids and i was not allowed to rebid.  i complained to customer service and they told me i had to contact security and safe harbor.  i told them of my complaint that i was denied my chance to buy the watch and after 5 days i finally heard from them and they told me they cancelled my bids.  now i see this ebayer has another patek philippe watch for sale, and it is a beautiful watch but whats interesting he has a feedback rating of 2 meaning he was allowed to sell 2 of his 5 items that were up for auction.  i wonder if one of the feedback ratings were for the watch i bid on.  if so do i have a lawsuit against ebay.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: mp

Tue Dec 11 14:27:48 2007

I have the same exact story!  I purchased a vehicle that was listed on eBay, I was sent an invoice from eBay Motors listing all the pertinent details of the transaction and how to send money to them where they would hold it until the vehicle was shipped.  Once the money was sent the ebay e-mail said to fax the confirmation. As directed by eBay, I sent the money, got a confirmation from eBay's Safe Harbor team that they had my payment and they would contact the seller. The money was picked up in Las Vegas! I replied to the very same e-mail confirming the receipt of the deposit from ebay, inquiring when the car would be shipped and what the next step would be.  The response that I received was from ebay, telling me that the transaction was a fake and we were not covered by their Vehicle Protection Program because it was outside of eBay!  I asked ebay about the listing because this person listed a legitimate listing as a legitimate member but they will not respond. EBay is listing fraudulent items to be bid on, AND sending e-mails out confirming those bids.  Thousands of people are being ripped off because of eBay and they will take no responsibility for their actions.  They allow their site to be spoofed and do nothing about it's security.  They are negligent in their actions of allowing fraudulent members to list fraudulent items.  So yes, I'm looking for anyone to take this as a class action suit or if one is out there I NEED TO KNOW!  This has to stop happening top innocent people.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: hellyne

Thu Apr 24 17:34:46 2008

eBay is like any other classified ad section where it is buyer beware. If people in the classified ads are not required to have a license (for selling - and remember that some classified ads when they post __ amt of money or best offer - that could  sound a lot like auctioning/haggling as well) eBay sellers should have the right not to have a license nor should eBay bear complete responsibility for a users loss or inexperience.

eBay is hosting the site where private individuals put their items up for sale - electronic classifieds. I have never sold anything but I have been buying from eBay for many years and although I have had a few less than smooth transactions with a couple PRIVATE sellers, I have not had a problem with eBay itself.

Granted, it you get taken buy a seller, you have no real recourse with eBay (which is how it should be) but with the actual seller themself. The eBay site is much like a newspapers classified ads. A tenative buyer anonymously places an offer on items (or buys it outright). Usually when someone buys an item through the classifieds, they are buying it as is and if the consumer is not wise enough to ask questions, then shame on them.  

eBay offers many options to protect buyers/sellers such as the PayPal
Buyer Complaint Policy -(''Our best efforts program to reimburse Users for losses only to the extent we are able to recover the funds from sellers''.)

Buyers' have seller contact information where they can get more information about the product from the seller and ask any other questions they feel pertinent.

One rule of thumb with eBay, as with any other site. No matter what you desire to purchase, never make a purchase from a user located outside of the U.S. I have found out in my dealings with the less than desirable eBay sellers that there is much more protection for the consumer when a purchase is made from someone in the U.S. than outside. For instance, I purchased a 12 book lot a while back from someone in NY and had some difficulty with the seller. Long story short, I sent payment and never received my purchases and stated that if the seller did not send my purchases that I had the right (as a consumer) to charge that user with mail fraud since the U.S. mail was being used in the transaction.

I would suggest to any eBay user to not only look at feedback but ask questions and look at other signs of possible fraud (such as one day listings).  

If a consumer has a real case, to keep all/any correspondence with the user and be prepared to use it in court against him/her.

eBay should not be held responsible for the ignorance of the consumer.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Nicholas Peck

Thu Aug 21 18:02:54 2008

I need Help I sell or was selling on EBAY and from aout of no wear I got kicked off. I had over 400 items listed and now I find my self almost losing my home as my wife had a stroke and I need to stay home with her and the four boys. I have tried to get back on EBAY but in never lasts that long. I would like to take them for as much money as I can. I always sent my items out on time and did my best to make them happy. Other ebay members have as many as 13 - feedback and one was for over1200.00 Bucks. and Hi is still listing Mousesurplus is the name of the Store on EBAY. I guess IF you sell alot you rip buyers off.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Rachael Schumacher

Wed Sep 10 09:25:39 2008

I am seeking a current class action lawsuit against eBay for double billing seller fees per month. My mother-in-law's account has been double billed several months in the last 6 months. Instead of returning the second billed amount, eBay is keeping the money and applying it to the next months fees. As a result, my mother-in-law has incurred overdraft fees on her bank account for which eBay will not pay. If they had immediately returned the money, she would not have incurred those overdraft fees. She has talked with several other sellers on eBay, and they too have had the same issue with eBay. Is this legal for eBay to do? Is there currently a lawsuit out there somewhere for this issue?

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Ruth

Thu Nov 6 18:26:44 2008

I have been selling on ebay for 10 1/2 years. Never a late payment on my fees and 100% feedback rating. I made a payment to them out of an account and ebay said it was rejected. The money was there so I was confused. I then immediately went and paid the current billing invoice in full (prior to due date). anyway, ebay out of the blue suspended me for non payment of ebay fees. My account is current. I checked and the payment cleared, so even with the rejected payment, my payment was in full and on time. Now, the rejected payment, I checked with my bank and they said it was never even attempted. They had no record of ebay trying to post that payment. I double checked with an ebay employee in billing and they verified the account numbers were correct and I had used that account many times over the past few years. No explanantion available as to how or why this happened. The topper is that they want me to bring my account to a zero balance before reinstating me, even though that invoice is not yet due. Since I need to sell on ebay to pay the fees, that isn't gonna happen. Also, I have several items sold to people that I cannot send as I don't have their info. I'm not gonna manually go through paypal as I do ship some items without the paypal label, so I'm not sure which ones that indicate to ship are ones that actually have not been shipped. I keep notes in my ebay so I can keep up with things. Now with that wiped out, I don't know who gets what. I keep getting people saying that I'll be reinstated, then it doesn't happen and then someone else tells me they tried, but didn't have the authority. I have been told that the ones that have the authority refuse to reinstate me, even though everyone I have spoke with agrees with me that ebay made an error and refuses to fix it. The supervisor of the Billing Dept spoke with the Supervisor of Collections and the collections refused even though the billing supervisor explained what happened. So, in essence, I was suspended for non payment of fees that I had paid in full 5 days prior to suspension. I would love to sue ebay. I use my ebay sales to help make ends meet. I even closed down my physical store as I was making more on ebay at home, now I am making nothing. It's only been 2 days and the paypal disputes are starting to pile up as people can't get a hold of me and think that I have run off with their money. Even when I get this cleared, I'll certainly be out my 100% rating.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Jennifer

Mon Dec 15 16:02:20 2008

I too am interested in a class action law suit, I really dont understand how hundreds of sellers can be selling a certain brand name, but when I try to sell it, my account is banned. They give no definate explaination, as you all know - 'Trust and Safety' is a fraud. I just keep getting the same automated emails. I have never had a negative feedback or item dispute - I even listed the item as used, hoping I would escape the Vero monster. Since when is it illegal to re-sell a designer purse that you dont want anymore? Not to mention my husband had a PayPal disput against him, and without any proof at all from the buyer, she basically didnt read the auction carefully, and filed a dispute. PayPal told us online that we had 10 days to respond, then decided the case in her favor within 3 days - we didnt even have a chance to respond or fax in any documentation. It is rediculious and I am so tired of ebay. Its more like greedbay if you ask me. And get this - they actually expect me to pay my seller fees. OOOOKKKK. sure whatever. Someone please contact me and let me know if anything comes of this - I just want to be treated fairly, and not descriminated against.

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Gene

Fri Dec 19 00:46:37 2008

Below is a copy of my email to eBay's Trust and Safety dept. regarding the removal of my multiple listings auctions.

''What I don't understand, is that my items are not counterfeit. Multiple violations, this is the second ''so-called'' violation over 10 years. Moreover, I was advised by 2 of your customer service agents that I first must complete the tutorial in order to start selling again immediately. It was recommended to me by our customer service agent that I should try selling only a few items of the name brand rather than multiple items to avoid being suspected of fraudulent activity. After taking his advice and completing the tutorial, I attempted list my item, and a notice indicated that I am now restricted for 30 days. When I called customer support for the 2nd time, she informed me that I am restricted for a longer period since I violated ebay policy. I asked her ''What did I exactly violate?'' She informed me that my items were screened for fraudulent activity and I should try listing a different branded item. Now, her story was completely different from the initial customer service agent, and she was simply ''giving me suggestions,'' without telling me what I exactly violated.

With my 100% feedback with close to 200 transactions and an eBay member for almost a decade, I am appalled by eBay restricting my selling privileges; especially when a ''specific'' reason has not been given to me. I realize that my feedback score consists of approximately 26 selling transactions, but this shouldn't justify the restrictions that have been put onto me.

Please tell me ''exactly'' what I violated. This is my 3rd request and please do not simply send me another ''general'' or ''generic'' email for my individual and specific case.

Sincerely,
Eugene Lin

--- On Thu, 12/18/08, eBay Customer Support   wrote:

   From: eBay Customer Support  
   Subject: RE: EN62823 INF Response to your email concerning eBay's ended listing policies (KMM312662055V80161L0KM)
   To: ''Gene Lin''  
   Date: Thursday, December 18, 2008, 5:30 PM

   Dear Gene,

   Thank you for writing eBay in regard to your account restriction.

   I've taken a look at your account history and, because there have been a
   number of policy violations, we won't be able to lift your account
   restriction at this time. You'll be blocked from selling items with that
   brand name indefinitely. Future violations may lead to additional
   restrictions.

   If you want to appeal, please wait six months before writing us back. At
   that point, we'll be happy to review your account.

   To be clear, it's against eBay policy to sell items with the name or
   logo of a company if the product hasn't been endorsed by that company.
   Also, the sale of counterfeit items and unauthorized copies is against
   the law. It's the seller's responsibility to make sure that items for
   sale are legitimate.

   As always, our goal is to keep eBay safe. We may remove listings that
   breach our policies and suspend sellers who violate policies.

   You can find more information about counterfeit and unauthorized items
   here:
   http://pages.ebay.com/help/policies/replica-counterfeit.html


   We thank you in advance for your cooperation, and we wish you luck with
   your future eBay transactions.

   Sincerely,
   Spalding Watters
   eBay Customer Support

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: John E. Smith

Tue Jan 27 00:59:18 2009

I too had a listing removed because it allegedly violated eBays copyright infringement policy.  I tried to comply with their request to complete a tutorial and confirm with the manufacturer that the Montblanc pen is authentic, which I did.  They refuse to list it.  I have researched many Montblanc pens on eBay and see no difference between those and mine.  I too have requested to know how they could possibly know from a photo and description that an item is authentic or not, only to receive generic email responses.  I finally received a real response when I threatened law suit.  I am very interested in joining the many that I have seen treated poorly by eBay with a law suit.

John E. Smith
JohnESmith1@cox.net

Contacting Lawyer in eBay Class-Action Lawsuit   Contacting Lawyer in eBay Class-Action Lawsuit

by: Jennifer R.

Thu May 7 19:05:02 2009

I have sold on ebay since 1998.  I regularly talk to ebay sellers at auction.  I have not found one person who doesn't hate the way they are treated at ebay.  I recently received my one and only negative from a woman from Hong Kong who had zero feedback.  She bid on an item that was 106.00.  She delayed payment saying that she had the "common cold".  She wrote again saying that she would pay by Sunday.  We gave her until Monday morning U.S. time,  basically 11 days from the end of the auction.  In the meantime we had filed a non-paying bidder report. Well Monday came and she didn't pay so we sold it to another person. We wrote her not to make payment as we had already sold it.  She was so mad and wrote really nasty e-mails.  Then she left us a negative.  So I contacted ebay to ask how she could have the right to leave us a negative when she took more than 10 days and never paid despite our warning to her.  Their answer to me was that she had "the intent to pay".  So I wrote them back and asked them that if it was ebay's policy that a person could bid, take as long as they want to pay, never pay and still leave me a negative.  They sent me back a vague form letter not answering the question.  So I point blank asked them, yes or no, is this ebay's policy that a person can bid, take as long as they want to pay,  never pay and still leave negative feedback.  They responded by saying they didn't have the answer to that question.  That it was proprietary, that they didn't give that information to the general public.  By the way I am a power seller not the general public. (I wonder how ebay would feel if I told them that I had the intent to pay my fees, never paid and still expected ebay to allow me to sell?) Then I finally realized I had a phone call available to me being that I am a power seller.  Talked to a nice girl who really didn't help me at all.  She did indicated that there might be something going on with himoney168 (the one who bid but did not pay)  for me to be patient that something might happen yet but that she couldn't remove my feedback.  So I decided to check out the woman who didn't pay me, her seller name is himoney168.  She had done the very same thing to another woman.  Fourteen days and no payment.  Then she had also bid on another item on April 07, 2009.  On April 29th  I contacted the seller of that item and the seller told me that she hadn't paid but she was afraid to file a non-paying bidder strike against her because she didn't want a negative.  So I made ebay aware of all the trouble himoney168 had caused sellers and I still have no response and this was after ebay wrote me telling me that if I had any more pertinent information to my case to please contact them.  It has been almost a week and still no response. Ebay does not listen to sellers.  They choose to listen to a woman who has zero positive feedback verses my more than 2600.  Every time you write you get a different or generic response.  They just try to get you off their back.  Also I have repeatedly asked to speak to a supervisor but they all refuse.  I feel like they are dictators in a communist country.  We have no rights.  Ebay is supposed to have some sort of buyer accountablity but they do not abide by it despite my requests that they do so.  Here is info. from ebay's own website,  " We provide enhanced Feedback protection for unpaid items
In addition to removing Feedback left by buyers who don't respond to an unpaid item report, we also remove negative and neutral Feedback when there is a response but it's clear that the buyer didn't intend to complete the transaction (for example, if they bought the item elsewhere or had a family emergency)".  Why doesn't putting off payment for having the common cold qualify for a stupid reason for not paying?  If she could write me she could click on paypal.  I have repeatedly brought this to their attention to no avail.  I know I am not the only one in this boat.  They have horrendous customer service.

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