Ina Steiner EcommerceBytes Blog
News and insight focusing on ecommerce.
by Ina Steiner, Editor of EcommerceBytes.com
Sat June 5 2021 09:50:51

eBay Hit with RICO Lawsuit

By: Ina Steiner

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A Massachusetts man filed a lawsuit against eBay alleging fraudulent acts against him in violation of the RICO Act, which stands for Racketeer Influenced and Corrupt Organizations. The complaint revolves around what appears to be a growing problem for online shoppers: fake tracking numbers used to provide proof of delivery.

The plaintiff alleged eBay is fraudulently presenting a money back guarantee in cases where the buyer does not receive the item purchased, as he explained in this excerpt of the complaint:

"However, ebay does not give a person their money back if the Seller/shipper provides any tracking number for a package that shows delivery in your zip code. eBay ignores the issue that the package was not addressed to the Buyer/receiver. The refusal of ebay to consider the actually addressee or even the size of the package has created a situation that not only allows sellers to steal from buyers but prevents the buyer from being able to get a refund from the shipping company."

In mid-May, we wrote about the problem on the EcommerceBytes Blog after being contacted by several readers, although as we noted, the scam itself has been employed by fraudsters for years.

In his complaint filed against eBay in Federal court on Thursday, the plaintiff also express frustration with the FBI and US Attorney, characterizing them as "strictly political organizations that care nothing about their obligations to protect the average person."

The plaintiff, Danny M. Kelly, is representing himself.

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by: postbuster This user has validated their user name.

Mon Jun 7 18:18:19 2021

Once again the suits in corporate dove head first into a pool of crap without checking first to see what's in it.

As others have said, they will conjure up some way for the sellers to pay for it.
They have this idea that they can turn 115% profit without doing anything but stealing money.

What's worse is how politicians think they're businessmen, and businessmen think they're politicians.
They are rotten little kids who wont give up their seat in the economic rollercoaster to let grownups fix the problems.
That figures, because they were probably spoiled little brats when they were children.
Their bodies grew up but their brains never did.

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by: Michael4747 This user has validated their user name.

Tue Jun 8 09:51:15 2021

Representing himself? eBay isn't losing any sleep.

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by: Snapped This user has validated their user name.

Tue Jun 8 10:24:30 2021

“… If the OP had done this, [CC chargeback] I would be willing to bet that the issue would never have gotten this far…”

Expedient for the ‘victim’ perhaps, bit the “issue” not only persists, but is actually enlarged by the silence bought by insurance. Which is funded by fee. Which is increased to ‘pay’ for the expedience so the more expensive actually effective solution can be tabled.

It’s not clear, but perhaps the Plaintiff is indeed aware of case by case remedy and is just fed up at this point. That’s usually what it takes to actually resolve any ‘issue’ otherwise hushed by fund.

One of those pennies for this thought: the scale of damage to this particular plaintiff can’t be that large so to make a settlement by this point a no brainer - especially if such expedient remedy (to the same effect) does exist, and there are other paths of ‘protection’ available too, though not from eBay. So why DID it get ‘this far’?

And why did it take so long?

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by: flybuy This user has validated their user name.

Wed Jun 9 12:54:36 2021

I have better luck with PayPal. One time a seller opened an appeal on an item I never received and never go tracking information. Of course after a couple of weeks PayPal closed the original case in my favor. The moment the email from PayPal arrived saying the case was appealed I called and pointed out the seller had ample time to provide tracking and was only providing tracking after the case was closed and I bet they did not send item. I told the PayPal rep to look at my track record and length of time with them and if they ruled in seller’s favor that would be the end of me using PayPal. Once again they ruled in my favor. Since PayPal seems more organized and experienced in these matters I find it a disincentive to buy on EBay once PayPal is banned. As a buyer, seller and collector of vintage items I have seen the quantity and quality of items go steadily down on EBay.

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by: pace306 This user has validated their user name.

Wed Jun 9 17:52:50 2021

"As there was no point in opening a INR case they were advised to open an INAD case. If that doesn't force the scammer to refund then they will have to issue a return label. The skies the limit on what they ought to return."

%100 the best move - it makes the seller be responsible!

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by: Snapped This user has validated their user name.

Thu Jun 10 11:29:50 2021

If the scam seller fake shipped with bogus tracking, and the victim buyer claims a misdescription that cannot be supported by evidence, what prevents the scam seller from then sending a bogus return label using a track number that they’ve already recorded (perhaps arranged for) as being inbound (but not yet received) from somewhere else?

When the victim tries to return their ‘raw egg’ or whatever and the shipper refuses the bogus label, the yolk’s on the Vic. When they try to complain, no case path, and the ‘return’ will show delivered with no way to ‘prove’ it didn’t ‘originate’ with the victim, who despite labeling, could have ‘legitimately’ dropped it off anywhere.,

As long as nobody’s bothering to look at evidence or addresses, right?

“Evil begets evil, Mr President”
- ‘Father Cornelius’, The Fifth Element

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by: NedRyerson This user has validated their user name.

Mon Jun 14 07:03:50 2021

I personally want to see eBay crash, burn and ALL these slime be brought up on charges and sent to the firing squad. Ebay and literally ALL big tech out of California, are objectively tied to this Scamdemic. Have a look at their stock and ALL big tech "corps" or "Inc's" since March 2020. Seriously, give it a go. It should prompt MASSIVE CONCERN let alone and incredible RED FLAG! Yet nothing is being questioned. Nothing is being "reported". No FBI/CIA/SEC cases, AT ALL are being opened nor investigated regarding ANY of these parasites. Concerned? No? Move to or stay in California. You belong there.

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