Ina Steiner EcommerceBytes Blog
News and insight focusing on ecommerce.
by Ina Steiner, Editor of EcommerceBytes.com
Tue Jan 9 2018 14:52:36

eBay Charges Commissions on Infringing Listings

By: Ina Steiner

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eBay is charging commissions for unsold items that it removes due to copyright complaints, according to a seller who had listed a $1,400 item and now owes eBay a final value fee of $140, even though eBay removed the listing unsold. The seller posted the letter from eBay that stated:

After reviewing your eBay account, we've taken the following action:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s).
Your listing was reviewed after the rights owner notified us that your listing used their copyrighted image and text without permission.

According to eBay's letter, the rights owner had notified eBay that the listing violated intellectual property rights. "When eBay receives a report of this type of violation, we remove the listing to comply with the law." But it's not clear how or if eBay determines that a seller is in fact violating IP rights before it charges FVFs. Is eBay charging the fee because the seller violated another party's IP rights, or because the seller was accused of violating IP rights?

To our surprise, we found a similar report from 2 years ago (January 27, 2016), and from nearly 3 years ago (June 12, 2015).

We couldn't find anything in the eBay User Agreement that spells out it has the right to charge a commission for an item that eBay itself has removed from the site - with one new exception.

In the fall, eBay changed its User Agreement to give itself permission to charge a commission in cases where it deems the seller had provided contact information to buyers:

"If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item, even if the item does not sell."

This can be problematic, as indicated by this recent post from a seller who removed a concert ticket the day before the event - the seller asked, "Can anyone please tell me why I have been charged this? I removed the item (concert tickets) from eBay as they had not sold and the concert was the next day. But why have eBay charged me an off eBay transaction fee when I simply just removed the listing?"

eBay is wading into troubling, some might say despicable, but very profitable areas by charging commission fees for items that haven't sold, and it's unclear whether eBay provides a system for sellers to reasonably dispute such charges.

Comments (72) | Leave Comment | Permalink
Readers Comments

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: Beanie

Tue Jan 9 15:42:06 2018

Desperation has set in deeper and deeper on Ebay. Do these idiots stop at NOTHING?  

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: ebayout This user has validated their user name.

Tue Jan 9 15:49:10 2018

Unlawful seizure comes to mind.

Can almost see a bunch of ebay sellers banding together and buying ebay stock...
...then suing the board for breach of fiduciary duty.

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: geoffreymason This user has validated their user name.

Tue Jan 9 16:00:02 2018

Oh, man, is ebay desperate for revenue! Eliminating the listing is adequate "punishment" for the supposedly infringing seller. No, Beanie (and you must be a good person because Beanie is my childhood nickname), they will stop at nothing. They have dug such a deep trench that they will never recover, No brains, no common sense, no integrity I am appalled to see ebay grasping at any opportunity to fleece its sellers. Can't wait to hear from Ming!

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: eXtinctBay

Tue Jan 9 16:12:48 2018

As we all know, eBay has walked a fine legal line. Fortunately for them, so far their counsel have kept them out of trouble. This line has now been crossed.

Logically, ethically, and morally, can eBay actually get away with charging a seller commission on merchandise that has NEVER SOLD, in fact was pulled off of the site BY THEM???

It is one thing to charge a seller a fee if there is clear evidence of an off-eBay sale. If there is proof through their messaging system that the transaction was completed to avoid fees, a seller is guilty of not following the rules, and should be punished.

Collecting a fee when a listing is removed by no choice of the seller (for ANY REASON) is a new low, and has to be patently illegal. No matter what language or fine print is included in the eBay TOS.



Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: RL15 This user has validated their user name.

Tue Jan 9 16:27:00 2018

the thefts by fleecebay keep getting worse.

very brazen. this nonsense has the scorn for sellers all over it, with the attitude of ha ha. he. we will steal from you and you won't do nothing!!

To bad the "government" will not file RICO charges against the delusional ceo and his jabroni's!!

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: pace306 This user has validated their user name.

Tue Jan 9 16:40:55 2018

If eBay removed the item (VERO CLOWNS) then there was NO sale.

NO SALE - unless its under the new monsters rules concerning sales that never happened due to contact - means that NO TRANSACTION took place - hence no FVF.

BUT this is eBay - the true KING SNAKE. They can and will sneak ANYTHING into the TOS ... and not tell anyone. If you cant be honest about charging people for nothing, they you can be dishonest about amending the TOS in the middle of the night.

Theres NO LOW that eBay wont go to - this is simply another case of them being caught "getting to that low".

Id still call and ask the dirtbags in San Jose aka eBays "TRUST & SAFETY" why they are charging you anything at all .... keep calling, keep fighting, and get a lawyer ....

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: pace306 This user has validated their user name.

Tue Jan 9 16:44:29 2018

"When eBay receives a report of this type of violation, we remove the listing to comply with the law."

Excapt thats NOT how the law is written.

eBay does what it does so that IT wont get sued - what you did or did NOT do is irrelevant. eBay doesnt care about truth, it doesnt care about honesty - or if you "did" what they claim you did - its nothing different then fake SNADs.

Sellers are the first National Bank - to abuse as they see fit, when they see fit.

Ive gotten VERO infractions where the maker makes up their own laws, where they enjoin the USA to treaties that we arent a part of, where theres CLEAR established case law AGAINST the makers position ... and eBay doesnt care. They never care. They are out for themselves ONLY, they are NOT your "partner".

We need a hashtag .... #abusedebayseller ........

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

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

Tue Jan 9 17:18:49 2018

I hope this seller launches a Go Fund Me for the purpose of getting a lawyer and posting the url here. I will contribute provided there's verification that an attorney has been hired.

I really can't add anything substantive to what's already been said.

This is illegal. No ifs, and, or ebafia butts about it.

Write your state's attorney general office via snail mail. I hope you live in New York because NY's AG normally has some spine. Plus the "New York Times" has a consumer advocate who's been very loudly critical of ebafia policies in the past.

The law and bad publicity are the best weapons sellers have.

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: bitbybit

Tue Jan 9 17:21:56 2018

Wow..how low can eBay go! Why bother listing anything on eBay going forward? God forbid there is a death, illness, or any event where a seller may have to end their listings and then be charged final value fees for removing said listings. Ebay is taking complete control of not only the sellers' listings but the sellers items/inventory without actually having possession. Maybe call this the Virtual Hands-Off, Hands-On Approach or visa-versa. Is this a new type of forced  virtual valet where all items are held hostage even though sellers have physical possession? Sounds bizarre, doesn't it? Seems in today's world, bizarre is now considered normal. Sellers will give up all rights and control of their items as soon as they press that BIG list button. Sure, right now, it is only on a listing here or there but when does eBay not go for the full monty if they can get away with it?

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: bitbybit

Tue Jan 9 17:45:59 2018

This is actually worse than eBay charging sellers final value fees on shipping when eBay does not even do the shipping and does NOTHING to earn that fee. Now eBay wants to charge sellers final value fees on NO SALES. NO means NO. What a bunch of lazy A..holes!

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: ebayout This user has validated their user name.

Tue Jan 9 17:55:52 2018

This would be a great "man bites dog" story for 60 Minutes.
But, given who controls the media (and ebay), that would be a stretch.

This is from the JD era, but it gives some insight...

***Link Removed***

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: ebayout This user has validated their user name.

Tue Jan 9 18:10:39 2018

Karma?

From today's yahoo Financials...

https://finance.yahoo.com/news/analysts-saying-eb
ay-inc-nasdaq-225309456.html

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: toolguy

Tue Jan 9 20:50:09 2018

@ebayout

eBay stock hit an all time HIGH today! ($40.13)

Paypal also hit an all time HIGH today! ($80.39)

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: geoffreymason This user has validated their user name.

Tue Jan 9 21:18:33 2018

Tool: $40.13 is not ebay's all-time high. It nosed about $55. a few years ago. Does this all-time-high claim come from San Jose? Just wait until the fourth-quarter report and see the price tumble.

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: ebayout This user has validated their user name.

Tue Jan 9 21:35:38 2018

$40.13...and now for the other side of the story.

Finished at $39.59...and the after hours price was $39.31

That chart I posted shows a BIG projected drop in earnings for the next TWO years, and then flat after that...
There is no upside for investors just getting in...even tool knows what happens when there's too much supply and little demand...and NO dividend.
Might as well buy savings bonds.

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: TomH This user has validated their user name.

Tue Jan 9 22:22:01 2018

What does this mean? Each time I list  a item, it means I am captured by eBay for ever more for that item? I don't think so. I list  most items on multiple places.. Wherever the the sale occurs is where the credit is. eBay can kiss-My------ Well you know what I mean.

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

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

Tue Jan 9 22:27:42 2018

@ ebayout

As everyone here already knows, I am no fan of Devin Wenig or ebafia. However, I found your ZOG link highly offensive and grossly inappropriate to say the least.

For those who may not know, ZOG is the acronym for Zionist Occupied Government and part of of the white nationalist and neo fascist movements.

Res ipsa loquitor.

In my not so humble opinion, this has NO place in these blogs or anywhere else for that matter.

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: toolguy

Tue Jan 9 22:47:16 2018

@geoffreymason

eBay was $55 before they spun off Paypal!

If you take the time to pull up a chart on eBay stock you will see it's at an ALL TIME HIGH. . .

Believe me, I know Wall Street. . .I was a day trader for 5 years, I made a fortune and lost 2 fortunes!

PS: If you can't find a chart here's one, when you pull up the page hit MAX above the chart.

https://finance.yahoo.com/quote/ebay?p=ebay

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

This user has validated their user name. by: LasVagueness

Wed Jan 10 00:05:20 2018

I agree with Ming. GTFU @ebayout!  

Perminate Link for eBay Charges Commissions on Infringing Listings   eBay Charges Commissions on Infringing Listings

by: pace306 This user has validated their user name.

Wed Jan 10 00:20:19 2018

1) its already retreated ... 39.53 USD  Price decrease 0.27

2) Ming is right (as usual)

3) NOTHING eBay does (or doesnt do) has anything to do with anyone there being Jewish.

4) most of those people dont know or care about the religion they are apart of ... of course it comes from an inaccurate website that when googled - links to Stormfront - which is basically Nazi propaganda.

Usually people who post this crap dont know what they are talking about and use this kind of misinformation to distract from the truth.

Ill "take it cause I can" .... I complain about eBay ALOT, and they treat me like trash and IM JEWISH. I get "no special favors", I dont get dea of the day, I cant hide my feedback and I get VEROd more times then you could imagine - so your "theory" or shall I say your Nazi theories on who controls what/where is beyond absurd.

If you want to talk about REAL issues - by all means - just not here - this ISNT a political website....... if you want to talk about LIES - comment on Stormfront's page - not here.

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