Are there any class action suits against Ebay dealing with fraud via financial institutions?

[fischstik]

I ran into an issue, which I believe Ebay is well aware of.

I had a buyer open a case with their financial institution.

A relatively expensive professionally graded item.

The buyer did not follow any of Ebay policy.

Did not open an Ebay Return.

Filed with FI on the 48th day of receiving the item.

The buyer opened a dispute with financial institution and of course sided with its client.

Ebay had my funds frozen. Then released funds to (FI).

And did NOT protect me as a seller. 

And did not get my item back.

So if this has happened to you.

I would like to hear about it.

If there is a class action suit going.

I would like to be included.

Ebay knows this is happening. And is allowing this.

I have taken down any super big ticket items due to lack of safety.

I will be reposting this under several different subjects to make sure I reach the proper audiences.

[mam98031]

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@vintagecraze50 wrote:

Some folks do not understand that it is the Laws governing chargebacks that are the problem. Certainly ebay cannot stand this problem either.  Nor any merchants here or anywhere else on the planet no matter where they sell.

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Yep that is exactly what my post just above yours goes over, but of course a bit more long winded.  😍

[fischstik]

As stated. eBay knows this is happening. 
but they must either get the item back before releasing the funds to the FI. 

because this is straight up theft. 

and if I have to take every dishonest buyer who does not send the item back. 

I will be in small claims court every time. 

im not in business to be scammed. 

[fischstik]

Thank you. 

hopefully people are learning something from this discussion. 
and heeding the warnings of selling only items they are willing to lose to scammers. And fraudulent FI. 

[fischstik]

I’m not in the business of losing merchandise. 

I have enough right offs. 

im looking to find patterns to put my scammer away with a track record of doing this. 

the state this buyer is in. 
the PD are really good. Have their own fraud bureau. And more than eager to work w my PD. 

it’s extra work. But a learning lesson for me. 

Never had this problem in 22 years. 
but now I’m figuring out how to fight these poor practices. Not with eBay but with where the problem began. 

the buyer. 

[fischstik]

Thank you. 

I can’t believe a lot of other buyers seem like they would just take this. And not pursue something. 

I will do my best to get some criminal charges. Even if it costs a lot. 

[fischstik]

I will try to be the maid then. 

[fischstik]

Recourse is to not sell anything you are willing to lose. Nothing in my opinion over $250. 

ebay not only gave my item up. 
they returned the funds. 

also they kept my approx $275 seller fees for a sale that technically never happened. 

since I was a victim of straight up theft. 

[fischstik]

So what did you do?

what was the outcome?

[fischstik]

That is not it. 
That is where u r wrong. 

if it’s a fraudulent dispute and you can prove it’s a fraudulent dispute. Then you must take action against this system. 

the Fi is always going to side with its client. 

you can’t just make things up. 
there is legal recourse for this. 

and if you can prove a pattern of dishonesty. The more the better. 

you might just sit back and accept this. I will not. 

the fact that the FI in my opinion did not read or understand the issue. Or care is the issue. 

The fact that eBay will not provide who the Fi is. Is deceptive. 
this should have nothing to do with safety for the dishonest buyer. since they have millions of clients. 

I would want to know who the FI is. 
so we can figure out the worst practicing ones.  Vs the good ones. 

I don’t want to use an FI. Who is taking the easy way out and just giving my money away. 

[fischstik]

Love to hear them

[fischstik]

Have gone the route of small claims court yet?

I can’t believe no one pointed me in the direction of a class action suit on eBay or FI that are abusive and accomplices to these thieves. 

[fischstik]

I believe from all I’m reading. The class action would be more against the FI. 

but eBay is no better for looking the other way.  And not standing up for us sellers.

No way in the world should the buyer get the item and the money. 

that is theft. With an accomplice. (eBay and Fi)

While keeping our seller fees. 

[luckythewinner]

The fact that eBay will not provide who the Fi is. Is deceptive.

What you call "deceptive" could very well violate disclosure laws. You are not a party to the transaction with the FI. The buyer paid eBay, they did not pay you. You do not have standing with FI over the transaction.

No way in the world should the buyer get the item and the money.

eBay cannot force the buyer to return the item.

eBay cannot charge the buyer's payment method again.

eBay cannot change the FI's decision.

Your issue is with the FI, not eBay.

eBay is no better for looking the other way.  And not standing up for us sellers.

eBay cannot force the buyer to return the item.

eBay cannot charge the buyer's payment method again.

eBay cannot change the FI's decision.

Your issue is with the FI, not eBay.

All eBay can do it pass the information you give them to the FI.

What else EXACTLY are you expecting eBay to do to "stand up" for you?

[dbfolks166mt]

if it’s a fraudulent dispute and you can prove it’s a fraudulent dispute. Then you must take action against this system. 

     This is the biggest challenge. It is a he said, she said situation and the buyer under current consumer protection laws almost always has the upper hand. 

the Fi is always going to side with its client. 

     Not always. While the statistics on merchant win rates for chargebacks are difficult to nail down it averages somewhere between a 20-40% win rate for the merchant. A lot of these are related to INR, purchase not recognized, credit card theft and hacks. The merchant success rate against NAD claims is very low. 

you can’t just make things up. 
there is legal recourse for this. 

     Yes there is mostly through small claims court. To start a class action lawsuit against either eBay or the FI would first require you to find a lawyer, more likely a firm, to take the case and the odds of that happening are almost 0. Lawyers will generally only take cases where they feel there is a high probability of winning. 

and if you can prove a pattern of dishonesty. The more the better. 

     That is going to be the challenge, proving it. 

you might just sit back and accept this. I will not. 

the fact that the FI in my opinion did not read or understand the issue. Or care is the issue. 

     You have no proof that the FI did not review the case. There is as good a probability that they did read and understand the issue but are constrained by the current federal laws that are in place. 

The fact that eBay will not provide who the Fi is. Is deceptive. 
this should have nothing to do with safety for the dishonest buyer. since they have millions of clients. 

     No deception at all. From the FI's perspective eBay is the merchant of record despite the fact that they do not sell anything but the financial transaction, which is all the FI is concerned with, was/is with eBay. 

I would want to know who the FI is. 
so we can figure out the worst practicing ones.  Vs the good ones. 

     Information that is never going to be released. While there may be minor differences almost all the FI's operate under the same laws. You can pull the chargeback policies from each of the individual FI's and read through them at your discretion. Following is a link to the one for Master Card, it's just a bit over 700 pages. 

https://www.mastercard.us/content/dam/public/mastercardcom/na/global-site/documents/chargeback-guide... 

I don’t want to use an FI. Who is taking the easy way out and just giving my money away. 

      They may not be taking the "easy way out" but simply complying with current laws. FI's HATE chargebacks as much as anyone. It takes time and resources to handle and address the chargebacks and that eats into the bottom line of any FI. I am quite sure the FI's are putting pressure on Congress to change the 50+ year old laws that pre-date the ecommerce surge but our government was never intended to be fast or efficient. 

[dbfolks166mt]

eBay is no better for looking the other way.  And not standing up for us sellers.

eBay cannot force the buyer to return the item.

eBay cannot charge the buyer's payment method again.

eBay cannot change the FI's decision.

Your issue is with the FI, not eBay.

All eBay can do it pass the information you give them to the FI.

What else EXACTLY are you expecting eBay to do to "stand up" for you?

     There are things that eBay could do but probably will not since it takes time and resources to do so and that eats into the bottom line. The chargeback laws were put into place 50+ years ago before the surge in ecommerce and were intended to be a last resort for consumers that could not resolve disputes with merchants.

     While the current laws are not specific references are made to utilizing all merchant options to resolve the issue before leveraging the chargeback. EBay could work with the FI''s to close chargebacks where the buyer has failed to first go through eBay's own claim process however there are a couple of timeline issues that put constraints on this. It is unfortunate that consumers are RAPIDLY becoming aware that chargebacks are the path of least resistance in most cases and in general are focused only the financial aspect of the transaction not the product or service. 

     Way too many buyers, more so the scammers, are well aware that a chargeback route will most likely not require the return of the item to the seller.