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Thu Jan 13 2011 13:18:40

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

By: Ina Steiner

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Brice Yingling and Andy Scott sued eBay in 2009 over the fees they were charged for selling on eBay Motors Parts & Accessories. The Court granted their motion for class certification in July, 2010, which was critical to their case.

According to their complaint, "the Motors Fees web pages have never directly provided for Final Value Fees on any sales of Parts and Accessories. Final Value Fees are specifically identified and defined as fees that appear only at eBay.com, not eBay Motors. Moreover, there was no reference whatsoever (prior to October 2008) on any of the eBay Motors Fees Schedule web pages to the eBay-specific Final Value Fee; instead, the eBay Motors Fee Schedule published only Transaction Services Fees and Successful Listing Fees."

eBay denies it overcharged sellers and came to a tentative agreement to settle the case in November, approved by the Court in December.

The full story is detailed in today's AuctionBytes Newsflash




Comments (55) | Permalink

Readers Comments

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: gomer

Thu Jan 13 13:31:52 2011

It's a start!

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Steve

Thu Jan 13 16:28:40 2011

Keep the class action suits coming until eBay levels the playing field again.
 The small sellers pay the high fees with low visibility and the Mega Diamond Sellers get a free ride with the best visibility.  Donahoe's folly!

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Patricia This user has validated their user name.

Thu Jan 13 17:05:25 2011

A settlement to me means Ebay was over a barrel and didn't want to open the floodgates on these overpayment charges.  Let em come - this is needed because Ebay clearly cheats.  Maybe that will trim their manipulation of listings!!!  Like we aren't all aware of what they're doing!

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

This user has validated their user name. by: Philip Cohen

Thu Jan 13 17:26:11 2011

So, has anyone done an analysis of what benefit this case has actually been to all other eBay consumers? Or, now that this particular case has been "settled" does eBay simply carry on, as before, with everyone else?

eBay/PayPal/Donahoe: Dead Men Walking.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: matt

Thu Jan 13 17:43:03 2011

We sell exclusively on Motors. If I am understanding correctly, the plaintiffs sued because they thought there were no final value fees for items sold on Motors and that instead final value fees only applied to the .com site? SO, in other words...they were "overcharged" because they did get charged FVF?

I guess I'm surprised at this. Ebay may end up paying for what amounts to a typo on their pages of not including the Motors in FVF....but in reality, you would have to be an idiot to not have known FVF applied to Motors, too.

There are a hell of a lot more credible lawsuits that can filed against Ebay. This isn't one of them.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: matt

Thu Jan 13 17:45:35 2011

And reimbursement for 7% of our FVF's for those 4 years (which is a lot of money) isn't worth being put on Ebay's radar and getting suspended for something small down the road. Sorry.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: John

Thu Jan 13 17:58:05 2011

I don't believe eBay will go after sellers who collect on this. It would probably end in another lawsuit. Especially if these sellers have a paper trail of their past performance of selling on eBay.  

Shame on eBay if they do. This can open the flood gates for other lawsuits in the future. even in their pictures on the site. If they show one thing but offer another. Wording, pictures, links, could all come back and bite them you know where....

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Patricia This user has validated their user name.

Thu Jan 13 18:44:38 2011

For a site the size of Ebay I Would imagine that proofreading of the fine print they cook up is a must!  I have never sold on Ebay motors.  I think (but am not sure) that Ebay takes a pretty hefty sum to list a vehicle???  Maybe I wouldn't expect to pay a FVF either. Its their rules so by law they are responsible for them...sorry Ebay belly on up to the bar and pay up!  Get to know what being shafted feels like LOL

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: document reader
Web Site

Thu Jan 13 21:17:41 2011

Look at the link to the Court documents, ebay overcharge fee's in excess of the limit stated on the website, this is not over ebay not charging final value fee's its over ebay over charging final value fee's on ebay motor's, when they were suppose to be the same as regular ebay fee's

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

This user has validated their user name. by: Ming the Merciless

Thu Jan 13 23:29:41 2011

The only thing that will compel ebafia management to act consistently with integrity is an order from the BoD.

This will occur only when the costs of litgation exceed the gains achieved by ebafia's policies of outright theft of sellers' monies and other things that don't belong to them.

As long as ebafia profits from its criminal conduct, it's more cost effective to lie, cheat, and steal.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

This user has validated their user name. by: Philip Cohen

Fri Jan 14 00:39:08 2011

From memory Ebay Motors in AU, at least for the success fee for "vehicles", was a flat fee of $45, or something like that, regardless of the final valuation. ...

eBay/PayPal/Donahoe: Dead Men Walking.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Rick1313

Fri Jan 14 00:46:40 2011

For claiming ''We're innocent!'', eBay settled pretty fast after suit was approved.

Only four months.

One will notice that eBay did make amendments to the eBay Motors site AFTER the lawsuit was started. If they were in the right, as they claim, why change the site literature?

As I have said all along, if eBay,inc. cannot get a lawsuit thrown out on a technicality (first) or feel that they are in a ''absolute win'' scenario (second), they will settle out of court (third).

eBay has no intention of trying to explain itself in a court room and have what they say on public record, that someone else may use against them in another court case.

You want to have your own lawsuit (individual or class) then you supply your own ammo as eBay,inc. will not supply you with any from other court proceedings.

The only question is if this amount has already been calculated (among other open or forthcoming legal issues) when they did their massive fee increase last March?

If not, and they see a potential or having to settle other claims in the next few years, then expect more massive fee increases.

eBay may even reduce the discount PS/TRS program to lessen the fee increase.

The newly created open cases policy is a classic example of eBay trying to avoid giving out the discounts.

It is all secretive and eBay can override a ''favored'' seller open cases and not do so for the rest of us poor smucks.

They are setting up who they want to allow to have the discounts, and who they will try their best to deny the discounts.

Plastering their site with the Buyer Protection Policy (which breaches the eBay.com UA) and literally inviting buyers to open cases shows their bad faith in the matter.

The big boy accounts already have in place what their fee structure will be, regardless of how many open cases they have.

DO you think they would sign on without guarantees in place?

On the other hand, if poster Matt above is on the up and up on his take in the matter, it demonstrates what I talked about yesterday on a thread on the AB LETTERS board.

eBay,inc. counts on the ''fear factor'' to control the vast majority of their sellers.

Once a seller starts saying, ''I'm worried...'', then eBay,inc. was already won.

I stopped using this thought process back in late summer of 2008.

Since then, actions by eBay,inc. has them now saying, ''I'm worried...''.

I have my correspondence with eBay,inc. that shows it as such.

Some of it part of my two small claims court case against eBay,inc.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Rick1313

Fri Jan 14 00:52:45 2011

For the record (and I talked about this over a year ago on an eBay forum thread), it would be wise for eBay,inc. to get away from listing fees as it would relieve them of their liability (ex: site problem of Aug/2008 and Nov/2009) of sellers demanding reimbursement for site issues that does not allow their listings to have the maximum exposure that they are (supposedly) paying for.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: look around

Fri Jan 14 08:41:34 2011

If anyone thinks that fleecebay doesn't know how to play payback on these sellers I have a bridge here in Oklahoma to sell ya.

Fleecebay can and will play payback. Just ask some of the ex posters on the power sellers board who are now restricted.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Rick1313

Fri Jan 14 11:19:13 2011

If one goes to the AB blog on the lawsuit and check the right-hand navigation menu one can click on the entry for...

Issue 2383.

Notice how eBay did not show up at a deposition and how they are trying to have most, if not all, documents sealed.

Avoidance to have anything they say on public record.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: FRED

Fri Jan 14 11:40:45 2011

THE AMOUNT EBAY SETTLED IS NOTHING. PETTY CASH MONEY FOR THEM.  SETTLED AND HOPE TO SWEEP UNDER RUG. THEY DIDN'T WANT PUBLICITY FOR ANOTHER COURT CASE.

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: John

Fri Jan 14 11:48:49 2011

sdıu 'sdıu 'sdıu ɥǝɹǝ˙ ʇɥıs ןıʞǝ ɯnɔɥ ʇɥǝɯ˙ ɟɐʌoɹ ʇo ɐɹonup ǝʌǝɹʎʇɥıuƃ ɹǝʌǝɹsǝ ɐup ıʇ ou sdıu dnʇ ɾnsʇ ʍıןן ʇɥǝʎ..........Little sellers lingo for above..they will just put spin on it and reverse everything around to favor .them much like this .here spin, spin, spin

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Rick1313

Fri Jan 14 15:12:03 2011

To John's post...

Time will tell if ''little sellers'' spin is (are?) not proving to be so little after all.

They've just caved on one class action lawsuit making that spin come full circle for the little seller.

How many more (some already ongoing) in the next few years?

eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

This user has validated their user name. by: Ming the Merciless

Fri Jan 14 19:51:15 2011

Rick1313 wrote:

"Notice how eBay did not show up at a deposition and how they are trying to have most, if not all, documents sealed."

Yes, buyt if or until they are, they are public documents which likely can be purchased from the clerk of court in the lawsuit's venue.

If a judge orders them sealed, the seal only applies to the litigants. Anyone else is free to distribute or republish them as they wish.

If a pattern and practice of discrimination against small ebay sellers can be proven after a series of class actions, ebay could end up owing billions in fee refunds. :-)


eBay Sellers Get Partial Reimbursement in Lawsuit Settlement   eBay Sellers Get Partial Reimbursement in Lawsuit Settlement

by: Rick1313

Sat Jan 15 00:31:09 2011

To Ming's post...

Yes, that is a very HUGE one, and I cannot see eBay being able to settle out of court unless the plaintiffs' are willing to take a very sizable cut in settlement so as to not have it drag out for years.

eBay would take this one all the way to the Supreme Court, just to delay the payout or hope to re-negotiate the settlement amount if they lost the preliminary court case and subsequent, and inevitable, appeals.

Of course, eBay might be holding an ace up their sleeve to have the suit thrown out/dismissed, but are holding back so as to drag it out as long as possible and not tip their hand if other such lawsuits (particularly on an individual basis) should crop up.

The permutations and combinations that can exist with a lawsuit involving a company the size of eBay,inc. is really endless.

Any one thing can send the case into a different legal avenue.

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