Los Angeles, CA: A $6.4 million settlement agreement has been reached in an unfair business practices class action brought against online retailer eBay. Under the terms of the proposed agreement, eBay would pay class members $4.5 million with the remainder going on legal and administration fees.
The consumer fraud class action was brought on behalf of approximately 1.2 million eBay account holders, although the number of actual users represented by those accounts was unclear as one person could have multiple accounts. They alleged they were charged hidden and recurring listing fees to sell their goods through the online auction site.
Under the proposed terms, class members would receive an automatic credit to their accounts.
The lawsuit was filed by plaintiff Richard Noll in September 2011, alleging eBay suggested that the Good 'Til Canceled listings, which automatically renew every 30 days until the seller cancels the listing or the item is sold, came "at no extra cost" when fees were actually charged on a monthly basis.
A second suit was filed by Rhythm Motor Sports LLC nearly a year later, and the cases were eventually consolidated. The allegations included breach of contract, unfair competition, false advertising, violation of the Consumer Legal Remedies Act, unjust enrichment and fraud.
The class is represented by Keith R. Verges, Parker D. Young and Raymond E. Walker of Figari & Davenport LLP, Vera Brooks of Thompson & Brooks and Shawn T. Leuthold.
Ebay charges sellers for signature confirmation of delivery then doesn't pay ups for this service, so item is left on porch, then if item is stolen they don't refund. Ebay is pocketing signature confirmation charge when done through their web page . I have proof of this. No one knows until a package is missing that was supposed to be signed for.
Posted by Christina Andes
Where do I even start?? Lets start with I sell something that is clearly marked "NON-REFUNDABLE BEING NATURE OF THE ITEMS" make-up, shampoo, conditioner and etc...yet these folks can get a refund because it "wasn't as described" yet the eBay supervisor was in agreement with my claim but being their policies the buyer is always right (one example: a lady bought head lice shampoo with clearly described item saying the label was sun bleached because it wasn't stored properly and she was able to get a full refund plus me having to buy yet another label for her to return the item, also says buyer pays for return shippment, her claim is was that it smelled funny, well because she bought LICE SHAMPOO AND NOT REGULAR SHAMPOO but I had to eat all that money out of my pocket). I post things only to have them taken down, eBay allows other eBayer's to sabotage my store (causing me to lose my Top Rated Seller Ribbon). I have listed items to wake up the next day saying there's a copy right infringement, but yet there are many of the same things on ebay posted just like my item and not on ebay's "Restricted Items List" yet my account gets suspended because of it. I ask whom the email comes from but yet no answer on that because WHY?? No answer of why either. I know a lady (Yes, I personally know this Lady, Named Belinda) whom told me she reported one of my items because she thought it was "unfair" I didn't offer it to her at a better price so she reported me and ebay told me it was from the "owner of that label" which obviously it was not. I've had to pay for return labels for many of items that clearly say "BUYER PAYS FOR RETURNING OF ITEMS". Both of my accounts have been up for over six months and my brothers account of about two years now and we're both dealing with the same BS from eBay. eBay keeps putting holds on our money on items I've sold for NO REASON AT ALL, I call to ask why and they say because they account hasn't been up that long....HOW?? No clear answer yet again. I've had buyers return Items I never sold them, yet I was forced to give refunds. This IS MY ONLY WAY to provide from my family and eBay just keeps taking and taking and taking and I cannot will not take it sitting down anymore. I don't know what to do or who to turn too. Christina
Posted by charlton miller
I have evidence collected over the last three years to prove conspiracy, fraud and collusion. These comments by others are nothing compared to what I have experienced. I am by no way needing money (not to say that others are) and I told eBay I'm going to sue them for not only allowing other eBayer's to sabotage my store (causing me to lose my Top Rated Seller Ribbon) but also instructing me to do things because of these fraudulent activities documented by several sources that caused my account to be suspended, money taken from my Paypal account, and a near stroke! Since that day I have paid an extra 2% in final value fees which add up to a few extra thousand dollars, The search engine does not attract consumers the way it was before so I have been denied more revenue (thousands more) and it's been two years since!!! I still have not been given my Top Rated Seller Ribbon back. I have been very vocal about this is why. Who can be my voice that gets their attention? I'm already a millionaire. I only say this to get the right attention. It's never been about the money. I got wronged and I am sure that many others have as well. It's theft is what it is. Why can't they be held accountable? Who can stand up to this giant? I want to but I cannot do it alone. Will someone please help me? The evidence I have involves Paypal, Beckett Grading Services, and eBay messenger for starters. I am contacting anyone and everyone regarding this as I am sick. I told them that with my dying breath I will try my best to get justice.
Posted by Keith Gee
I think it is illegal for Ebay to say FREE FEES when they never say WHAT fees are actually free.
When you list an item there is never a final fee at the the end of the listing. Which to me means it then becomes an open contract and EBAY can latter tack on any fees they want later.
Posted by Scott Schultz
eBay has been hitting me with hidden fees and making it difficult to contest them for years. I squirm when posting because EBay doesn't stand behind the transactions either. I've sold very well on eBay, but they're like loan sharks.
Posted by Tony Minoldo
I had been punished by ebay.com for being "below standard" according to their new "seller's dashboard" policies. While as a professional seller I accept I'm obliged by a contract signed with ebay.com, I don't think it's legal HOW they're punishing me.
The sanctions include monthly selling limits: 355 items or $12,000, whatever comes first. However, they're still taking the money I pay to have a Premium account, with a monthly fee of $59.95.
1) Firstly, if ebay downsizes my Premium account to a "basic" account, they should refund me the excess money they're charging me: I should be paying $19.95 and not $59.95 as they're charging me. I repeat, a Premium store gives the seller 500 free insertions monthly!
2) In second place, ebay are not imposing "selling limits" but "listing limits" (I cannot LIST more than 355 items or for a POSSIBLE total sales of $12,300). Nothing to do with "selling" but with "listing". The wrong and misleading used of the words should invalidate the listing restrictions.
Posted by larry r. key
Looking for legal opinion/class action suit guidance for claims against ebay for improper and unfair restrictions to 99.9% of currency sellers on ebay.
Add Your Comment on This Issue
Request Legal Help
Please complete this form to request a review of your complaint by an attorney.