Scam Attempted on Car Owner Who Sued eBay

by: Ebay Seller-Ebay Buyer

Here is the settlement payment terms for Ebay sellers who qualify


Amount of Payments: Class Members who submit a Claim1 (see below) for a Non-Vehicle Listing will receive $5, and Class Members who submit a Claim for a Vehicle Listing will receive $10. Each Class Member can submit only one claim for a Non-Vehicle Listing and one Claim for a Vehicle Listing. The maximum payment to any single class member will generally be $15. If, however, the aggregate payment to Class Members is less than 25% of the Net Settlement Fund (the “Minimum Payout Fund”), then participating class members will receive checks for a pro-rata share of the Minimum Payout Fund.

by: LasVagueness

The payout is bupkis, but I opted in to send a message to eBay.  

by: comet

So--how DO you "Opt In"  to this?  

And yeah--most of these "Class Action"  suits payouts ARE bupkis--like this one--but some do actually get you actual hard cold cash--my sons SCION was a target of one of these and not only was Toyota forced to FIX the defects they also had to cut checks to hundreds if not thousands of owners for around $400 if I remember right.  Not a fortune but a decent amount of change.

SO--If you are eligible for one of these;  take the 5 mins to fill out whatever paperwork you might need to and send it in--you never know which one might pay off.  And YES it sends a MESSAGE to these companies.  Can you just WAIT to see what VW is going to be forced to pay out???  If your kid started Law School NOW they would prob be able to get in on that case by the time it hits the courts!  

by: Marie

Boy it seems to me that most sellers that every did BIN listings would probably qualify for this class action.  I certainly know I do.  But with that said, it is hardly worth the time and effort to prove that for a whopping $15.

And for the court to think that a seller that has been selling since 2008 to now would only be damaged by a maximum of $15 is a real head scratcher too.

by: tradernick

When attempting to file the form online, I entered my phone number with dashes - .  But it said the phone should be 10 digits total.  So I removed the dashes and tried again then it said I had too many attempts in one week to submit the form.  Sigh.  Typical ebay, making it hard to do anything.  I'll try again in a week as I feel the form didn't get submitted.  Be warned not to use - in your phone number when trying to submit the claim form!

by: IDKwhoIare

Ina doesn't say that one must Opt In or Out or Object or this (from letter) goes into effect:

''All Class Members who do not opt out of the settlement by following the instructions above will release the Released Claims, which are defined as all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys' fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating in any way to any of the factual allegations or legal theories that were raised or could have been raised by Plaintiffs in connection with eBay’s ''Buy It Now'' option.With respect to the Released Claims, Named Plaintiff and all Class Members who do not validly and timely request to be excluded from the settlement, and each of their respective successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides:

''A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.'' ''

Sounds like eBay wrote that paragraph. ''...raised or could have been raised...'' Sounds just like the TOS!

I read it as: if you do nothing for this Action (hoping to get into a 'better' suit someday) that you will not be eligible for anything to do with Buy It Now in the future. A future CYA for eBay.

What do you guys think?

by: IDKwhoIare

@Marie

According to a letter I received, a Class Member is:

''All eBay sellers in the United States who paid Listing Fees to place a ''Buy It Now'' Listing on eBay’s websites during the period from July 30, 2008 to September 10, 2015, whose item was subsequently delisted when the ''Buy It Now'' button was selected by a prospective buyer prior to the end of the scheduled listing duration, who were not ultimately paid by the prospective buyer for the listed item, and whose Listing Fees were not refunded by eBay (''Class Members'').''

I did not see anything in the letter as to if (or how) one has to prove anything.  I was going to read the stuff at the link later today.

by: IDKwhoIare

@Comet

''Option 1 – Submit a Claim Form to Be Eligible for a Cash Payment

If you want to receive a cash payment from the settlement, you must submit a Claim Form. You need to complete the Claim Form no later than December 8, 2015. Visit www.ebaybuyitnowclassaction.com/Claim Form to fill out your Claim Form or your can download a claim form and mail it to the Claims Administrator at: Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710.''

by: Moonwishes

I actually got something that to be the legalize about submitting a claim but I thought it was a phishing scam. Even though it might have looked legit, $5 isn't worth it to take a chance of getting an infected computer.

by: IDKwhoIare

Question:

If this suit is only for instances of BIN where payment was not received for that period, is it worth taking $5 to $15 and not being eligible to EVER be part of another suit that actually might compensate one for other lost fees or lost revenue due to rolling blackouts, hidden listings, whatever? (because one had listed as BIN and one Opted in or did not Opt Out of THIS suit)

by: IDKwhoIare

Another question:

Does the capitalized text in the para I quoted regarding Released Claims negate the situation described in my question above?

by: dr shock

Why bother for $5?

eBay is so vindictive I wouldn't put it past them to find some way to punish the sellers who file a claim.

by: toolguy

Most of the BIN listings I've had on eBay were given to us for FREE!

This class action is NOT for me.

Now if they have one for FVF fees on shipping I'll be the 1st in line. . .

by: a_c_green

> is it worth taking $5 to $15 and not being
> eligible to EVER be part of another suit
> that actually might compensate one for other
> lost fees or lost revenue due to rolling blackouts,
> hidden listings, whatever? (because one had
> listed as BIN and one Opted in or did not Opt
> Out of THIS suit)

Participation (or non-) in this suit would have no effect on your possible participation in another on a different matter. That is, you're not allowed to collect on this complaint and then file the same complaint on your own later on. If you want to opt-out of this one and then try your luck filing your own for the same issue, go right ahead. If you want initiate suit on some other complaint, fine.

(Consult a real lawyer if you're really concerned about this, though; I am not one.)

by: DVDsandMore

It sounds like some of you have received notices.  I'm still waiting, but I certainly qualify.  

This is a settlement, not something imposed by the courts, which is why the limits are what they are, but it's typical in a class action suit where most people did nothing to bring of further the suit.  Hopefully eBay will stop the practice of rewarding deadbeats and punishing sellers.  Sadly, it looks like they're doing it by making it harder and harder to get combined shipping, which really ticks customers off.

 

by: Marie

@idkwhoiare

This is from Ina's article.

"Claimants who submit a claim for a non-vehicle listing will receive $5, and claimants who submit a claim for a vehicle listing will receive $10. The maximum payment to any single claimant will be $15. Rosado is expected to receive $2,500 as a class representative incentive award."

http://www.ecommercebytes.com/cab/abn/y15/m10/i12/s01R>

by: The End

Clicking the BUY IT NOW button should NEVER end the item listing. Only clicking the SUBMIT PAYMENT button should end the listing.
Ebay needs a sweeping "Moronectomy, Idiototomy" to begin entering into FUNCTIONALITY.

by: Marie

And you can do that if you set up your BIN listings with immediate payment required.  Of course you can't do that on Auction listings with a BIN, which is unfortunate.  Seems to me a programming tweak could fix that easy enough.  Then the sellers could control if that is what they wanted on their listings.

by: a_c_green

> Of course you can't do that on Auction listings
> with a BIN, which is unfortunate.

Are you sure? I can specify IPR when adding a BIN to my auction, but I sell in sporting goods or collectibles; I'm not doing a vehicle auction. Are you referring to vehicle auctions specifically?

by: Marie

@a_c_green

I stand corrected.  I just went and tested it and you are absolutely right.  I was not aware they had changed that.  Thank you for setting this straight.