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Sun Jan 5 2014 09:01:47

Will eBay Change Its Ways after Class Action Lawsuit Settlement?

By: Reader

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Dear Ina,
I received an email today about the featured plus class action lawsuit settlement against eBay. eBay sellers will get either a whopping .36 or $3.19 and it will be a credit on your seller fees or you can get a check.

I do not believe that a settlement with no teeth matters to eBay a company flush with cash. A slap on the wrist I would call it and it pales in comparison to the other things they have done such as forced PayPal, fvf on shipping, a slanted TRS system which benefits diamond sellers and large sellers who are dishonest, no negative feedback for buyers, ads in our listings, forcing sellers into global shipping with deceptive terms of service agreements, a failed search engine, rolling blackouts, forced picture resizing and eBay's 100% buyer guarantee featuring PayPal holds on honest sellers.

I read that email about the settlement and I found myself thinking about all of this and I came to this question. What rights do sellers have on eBay? We are forced into a terms of service user agreement that causes injury to small medium sized businesses and in my opinion violates our constitutional rights and the Rico Act.

I still believe that a honest business is the most successful and eBay could benefit by changing their ways. I was wondering what your readers think, do they think eBay will change its ways and do things fair and honest now because of this settlement?
I say no they will not.
Please keep this anonymous.
Thank you.

Note from the Editor: See also this December 23rd EcommerceBytes Newsflash article, "eBay to Pay out $4.75 Million in Class Action Lawsuit Settlement."




Comments (19) | Permalink

Readers Comments

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

This user has validated their user name. by: iheartjacksparrow

Sun Jan 5 14:02:40 2014

OP - The words "eBay," "fair," and "honest" should never be used in the same sentence. And don't forget that the TOS now has a provision that you can't file a class action lawsuit against eBay, so this settlement means nothing.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: FeelingFroggy This user has validated their user name.

Sun Jan 5 14:13:03 2014

It will be business as usual with Ebay...They have no morals thus don't they could care less.

In order to pay any fines they will just raise the FVF.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

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

Sun Jan 5 14:29:59 2014

Spend your $0.36 share of the settlement wisely as there will be no more class action law suits against eBay; the SCOTUS says you have agree to “individual arbitration” … http://bit.ly/12edZ2u

Regardless, eBay is undoubtedly probably the most unscrupulous commercial entity on the planet and this leopard is unlikely to change its spots as it attempts to swim against the flow on its continuing journey with Johnny Ho down the toilet.

Heaven help we mere consumers if all the others major commercial entities of the world have the same total void of ethics that eBay habitually displays ...

eBay / PayPal / Donahoe: Dead Men Walking ...

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

This user has validated their user name. by: Puck

Sun Jan 5 15:17:40 2014

$4,750,000.00 wouldn't cover the CEO's annual catering bill for his private jet...

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: pace306 This user has validated their user name.

Sun Jan 5 16:15:36 2014

In a word - NO.

eBay is afraid of no one - except a large manufactorer - people like Sony or Denon or Burberry.

THOSE people, will sue at the drop of a hat - and for HUGE #s.

That would put a SERIOUS dent in the accounts in the Caymans, fuel for the Learjets and of course - no more Dominos Pizza during his "thinking days".

Undertand that 1 - sellers are the trash at eBays feet. So you leave? So I leave? So what? Nothing. That revenue is easily made up by any number of shady crooked deals that eBay does on a regular bases. Things like money holds, "accidental overcharges", back end deals with manufactorers, and the list goes on.

The UA/TOS gives eBay latitude to do almost anything they want - and they do - with impunity.

Fair and balanced, legal or any other wording means nothing to them - dont think for one minute that your story does - it doesnt.

eBay knows you cant afford to take them on in court - they will do a "show cause" in CA, and with the sleazy judges (the ones who are for illegal immigration etc) they "take care of them" - no worries.

CA judges run public elections - follow the money.

Its a fixed, crooked game - and while most say its better off not to play - some times there's no choice - you cant put all your eggs in the Amazon basket.

This ruling will only make them tighten the TOS/US yet again - giving them permission to burn down your house, push your granny off a cliff and/or enslave your kids ... its just a matter of time.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: NetWatch This user has validated their user name.

Sun Jan 5 16:29:54 2014

@pace306, ebay even has deals going with Chinese sweatshop factories that are employing what amounts to slave labor, and ebay execs have been helicoptored to them and are fully aware of what is going on.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

This user has validated their user name. by: Ric

Sun Jan 5 17:36:51 2014

OP... You should have zero expectation that eBay will change the manner with which they deal with their sellers.

eBay changed their user agreement to eliminate class action lawsuits, and as such, one should expect that when eBay's corporate needs conflict with fair, honest and reasonable treatment of sellers, eBay will always place their corporate needs ahead of everything else.

eBay is more concerned with appeasing Wall Street analysts and investors, even if that means treating sellers like something one would scrape off their shoes.

If anything, with the fear of class action lawsuits now all but eliminated, sellers should expect that the treatment they receive from eBay will exist in a steady state of decline.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: brokentoys19 This user has validated their user name.

Sun Jan 5 19:24:00 2014

@NetWatch
"ebay even has deals going with Chinese sweatshop factories that are employing what amounts to slave labor, and ebay execs have been helicoptored to them and are fully aware of what is going on. "



That's quite a statement. Who, when, why??? Please post links

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

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

Sun Jan 5 23:03:40 2014

@Ric, "eBay is more concerned with appeasing Wall Street analysts and investors ..."

And they are doing a stinking job of both ...

What does the "smart money" on Wall Street think about eBay? Well, in August 2007, when Bain’s Johnny Ho was already effectively in control of eBay, the share prices of both eBay and Amazon were ~$40; today, eBay is ~$54; Amazon is ~$398 ...

eBay / PayPal / Donahoe: Dead Men Walking ...

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: pace306 This user has validated their user name.

Sun Jan 5 23:19:07 2014

LMAO ... does nayone REALLY think 4 million is anything to eBay?

They can make that up from, Levis, TRUS, & Skullcandy in a day (or less).

See when you program Cassini (if its there, if its working)(though I dont believe that eBay needs Cassini to do those things) to make sure the small sellers dont get sales - and all "looks" go to those whom they want ... the money rolls in easy.

3 yrs ago eBay said they were doing it in electronics - thats that guy Noah Hershman. He came from an electronics buying group (like the one Sonicexlectronix is in) and eBay hired hm to try and make some order in the electronics section. Thats why things like "authorized dealer" and other things were floated.

You cant do a class action because the TOS you signed said you agree NOT to, you cant sue them individually - they would just "run the clock down" on you monetarily, and since eBay has the best judges money can buy - unless you force change of venue - you are SOL.

These guys take money SERIOUSLY. Amazons more relaxed - as long as the customer is happy - they will loose some. eBay? as long as its NOT them loosing - by all means.

Ive had situations where eBay ruled AGAINST a buyer - then turned around and told them to go to Paypal and create a chargeback. Talk about underhanded.

Ive got a VERO issue now where eBay admits it doesnt even know the law(s) they cliam they are upholding - and even if they did they are "too hard and complicated for anyone to understand" ... but oh yeh - FU2".

eBay only learned that there was/is a chink inthe TOS somewhere - and the eggheads in corporate are working as we speak to eliminate it.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: NetWatch This user has validated their user name.

Sun Jan 5 23:53:31 2014

@brokentoys19...http://www.mitzismiscellany.com/2011/11/i-practice-wha
t-i-preach.html
This is part of the story, have to go locate the other parts and will then post them too.

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: Massachusets Howler This user has validated their user name.

Mon Jan 6 00:35:16 2014

JD cashes in that much in stock options every 2 weeks.
MH

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: FREDDY This user has validated their user name.

Mon Jan 6 08:22:05 2014

Such a ridiculous question.

ebay will change its way right after right after you can start walking on water..........

That lawsuit is the same as your library fine for 1 day late is to you. AND I think that might be exaggerating- -probably means more to you re fine.  

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: KathleenJohnson This user has validated their user name.
Web Site

Mon Jan 6 08:53:36 2014

1. Class Action law suits are cash cows for the litigating attorneys and rarely benefit, fiscally, the "class" they are representing.

2. eBay, on the other hand, does have a "black eye" here all-be-it the fiscal damage miniscule in the big picture - punitive retribution will return the money in kind from the beneficiaries.

3. eBay thrives only on good publicity and all this thunder in the trenches is not seen from the customer grand stand - when was the last time you saw this Seller "discontent" discussed on national television?

4 As long as the impacted class, the Sellers, continues to do "business" on the platform they are dissatisfied with - nothing is going to change.


Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

This user has validated their user name. by: Puck

Mon Jan 6 11:52:07 2014

"@Ric, "eBay is more concerned with appeasing Wall Street analysts and investors ...

And they are doing a stinking job of both ..."


January 6, 2014
10:52 EDT EBAY - eBay slides following downgrade, levels to watch

The shares are down 3.5% to $51.38 following an earlier downgrade at Morgan Stanley to Equal Weight...

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

This user has validated their user name. by: Anonymous Annie

Mon Jan 6 13:49:32 2014

I have no doubts that there is an entire team of legal experts who are paid to come up with a cost/benefit analysis whenever eBay decides to break the law or violate their own TOS.

They very carefully determine a worst-case option (should they get caught and/or fined) VS the overall benefit of swindling sellers (and buyers).

It's a very simple calculation. If the BENEFIT and PROFIT from the illegal activity is *greater* than the potential fines/penalties... then they'll continue to do it! Simple!

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: giftcentral This user has validated their user name.
Web Site

Mon Jan 6 14:53:30 2014

Fat chance.  The total payout of the lawsuit is chump change for E-bay.  

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

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

Mon Jan 6 18:22:15 2014

@Annie,

And the best demonstration of your hypothesis is eBay’s demonstrable ongoing aiding and abetting of the "Chicago Shiller" and others ... http://bit.ly/11F2eas

There surely has to be some risk involved—unless eBay has bought the regulatory bureaucracy, lock, stock and barrel …

Having said that, if eBay were ever to be prosecuted and found to be guilty of knowingly facilitating the demonstrable massive shill bidding fraud that permeates nominal start auctions by professional sellers, I would hope that the penalty would be equally massive …

eBay / PayPal / Donahoe: Dead Men Walking ... http://bit.ly/11F2eas

Will eBay Change Its Ways after Class Action Lawsu   Will eBay Change Its Ways after Class Action Lawsu

by: comet This user has validated their user name.

Mon Jan 6 20:34:57 2014

Sadly like the rest here OP I suspect that this will only make eBay LESS LIKELY to pay any attention to "Rules"  and "Regulations"---

They took a risk that no one would NOTICE their devious and underhanded actions in the FIRST place.

And when some one DID---they had their day in court.  And--lost.  To the tune of what to most of US would be---lottery winning  lifestyle changes.

But to ebay this is as pointed out--chump change.

So they NOW know how THIS game is played and you can BET they have already got the legal team on to the NEXT cost/benefit "scheme"  to defraud.  After all---they HAD that stolen money for YEARS collecting interest and funding the jets the vacations and the thinking days---do you REALLY think it HURTS them to give it up?  WEll I am sure it DOES in principal but---they have already gotten their "Moneys worth"  from it!!!!

And payment "in kind"-well HALF of these affected "sellers"  have already LEFT  ebay!   Go look at a serious long term buyers history and SEE how many sellers are NO LONGER REGISTERED or DISAPPEARED as a  long string of numbers and letters---this is what ebay SHOWS when a seller is made to go POOF!  If they show it at all---I wonder about that!  

So---nope this will just encourage MORE bad behavior and stricter punitive strikes against sellers who they now have even MORE reason to hate.

We made them miss their tee time after all.  In Tahiti.  



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