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eBay censorship
I’m curious why eBay believes they can force us to use arbitration. I believe the courts have ruled that clubs, organizations, businesses, etc. cannot require members applicants and or visitors to surrender constitutional rights in order to participate
I asked a question on the community board if I should use the small claims court system or arbitration with regards to dispute with eBay and they erased it saying it violated their community standard Merely inquiring opinions seems to be a threat to eBay. One wonders why
7 comments
monroe67
Mentor1 year ago"I’m curious why eBay believes they can force us to use arbitration."
In general, arbitration and/or mediation are much less expensive and much more efficient methods of resolving disputes than filing a lawsuit and going through everything that has to be done even before a case gets to trial.
As for "surrender[ing] constitutional rights", "surrender" is not the proper word. eBay itself uses the words "waive" and "waiver." Here's the pertinent subsection of the current User Agreement, with highlighting:
[Beginning of Quote]
2. Waiver of Jury Trial
YOU AND EBAY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and eBay are instead electing that all Disputes shall be resolved by arbitration under this Agreement to Arbitrate, except as specified in Section 19.B ("Agreement to Arbitrate").
[End of Quote]
Over the 15 years that I've been selling on eBay (on another ID), I've seen eBay publish many revisions to the User Agreement. Personally, I've never had any difficulty with any changes they've made.
BUT this is the first time I have ever seen eBay suggest that people actually close their eBay accounts if they don't (or cannot?) agree with the revisions. Here's another quote, with additional highlighting:
"We encourage you to read through the updated User Agreement. If you do not agree, you may close your eBay account by May 16, 2025 and stop using our services. If you keep your account with eBay, you agree that your continued use of our services constitutes your acceptance of the updated User Agreement, including the agreement to arbitrate."
You have to decide for yourself what is the right thing for you to do.
jimburg-51
OP1 year agoA contract signed under duress is invalid
rock.star
·1 year agoYou are not under duress !
You can leave at anytime!
jimburg-51
OP1 year agoWords of wisdom from somebody who has no idea of what’s going on.
monroe67
Mentor1 year agoDuress:
threats, violence, constraints, or other action brought to bear on someone
to do something against their will or better judgment.
None of that applies to eBay's User Agreement or its new Arbitration provisions.
jimburg-51
OP1 year agoAnd you don’t think eBay action to force us to use arbitration is against our will or not.
comics-scifi-collectibles
Mentor1 year ago@jimburg-51 I still see MANY copies of the question you asked earlier. The mods might have deleted a post because of spamming the boards with the same question over and over does violate community standards.
We can only tell you what the user agreement says and can not provide legal advice>
Here's a copy of the section regarding arbitration. It does say you can opt out of arbitration but that has been done prior to filing any case.
Read this User Agreement carefully as it contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or related third parties to binding and final arbitration, unless you opt out of the Agreement to Arbitrate in accordance with section 19.B.9 (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
Here's a link to the full user Agreement. use CTRL F type Arbitration in the small box on the upper right and it will highlight all instances or the word.
https://www.ebay.com/help/policies/member-behavior-policies/user-agreement?id=4259&st=3&pos=1&query=User%20Agreement&intent=eBay%20user%20agreement&lucenceai=lucenceai&docId=HELP1313