Should I file a Consumer Protection Complaint against eBay?

[risky_jim]

I purchased a product from a seller on eBay.  The USPS incorrectly scanned the item as delivered and did not actually deliver it.  The USPS sent me documentation of their investigation and advised me that the product was Never Delivered to Me.  This was sent to eBay and they denied my claim based on the original USPS error that was documented in the letter. Should I file a consumer protection claims against eBay for unfair business practices?

[wooden_flower]

@risky_jim 

If you have written proof from the PO, you should be able to appeal the case. Do that first by reviewing the claim with customer service.

To speak to customer service, use the link this page “have us call you” - https://www.ebay.com/help/eua?id=5275&mkevt=1&mkpid

If you don't see 'have us call you', click chat.  Then type contact an agent.

If they still can't help, then call your credit card issuer and open a dispute for an item not received. They should have no problem doing this with written proof.

Then file the CPB complaint.

[risky_jim]

Thanks for the contact info.  I have reached out to eBay to correct their decision.  They have chosen to ignore the USPS Official non-delivery report I provided and stuck with their original decision based on the original delivery report BEFORE the USPS investigated and found a non-delivery to me.  I do not believe anyone read the proof I submitted before sending a second AI generated denial letter.  I have the complaints queued up if they don't reply in 48 hours (the eBay standard per their email).  I have over 40 years in Claims, so I know how to file the complaints.  If they were smart, they'd honor my claim or face sanctions and financial penalties in CT, potentially even a small claim for bad faith as well as damages.  eBay would be a corporate defendant, therefore they'd have to hire counsel in CT to address the summons.  A few thousand to hire counsel and appear to fight a losing battle once the USPS report is read.  All this to deny a $130+ valid claim - Makes no sense.

[gosimus]

@risky_jim 

< A few thousand to hire counsel and appear to fight a losing battle >    

Any case filed in court is never a slam dunk.  There's a term, the hazards of litigation, which basically means that being right is no guarantee of winning.  Sorry about coming across like a debbie downer, but I can witness to it because I, personally, have experienced being in the right but nevertheless got scrwed by the system, no need to bore you with the details.  So don't count the chickens, etc.  If you do go ahead, then good luck. 

[rfmtm]

With documentation from USPS filed with an appeal to ebay usually results in resolution right away.  Since it seems AI is taking over, best to do as wooden_flower suggests and just file for a refund with the payment processor and move on.

[risky_jim]

I am a 40+ year Insurance Claims Professional.  I am a veteran handler of thousands of civil court cases.  I fully understand how the system works.  I have read the eBay guarantee policy and I have proof of non-Delivery from the USPS - already forwarded to eBay and the person who I dealt with said she wouldn't read my supporting documentation (that's a major Consumer Protection issue in CT) because they base their decision off of the Original (flawed delivery confirmation explained in the USPS report).  Also, a second customer service person replied and said she read my report, agreed with me and directed me back to the seller to resolve.  As far as cluster messes goes, this one is a slam dunk.  Small claims requires counsel to appear in CT for answering/defending a complaint.  That'll cost the seller and eBay thousands in defense fees for an unwinnable claim of $133.  

[risky_jim]

Both my initial claim and my dispute of original decision were denied as one eBay Customer Service Professional said she "Wouldn't read my supporting documentation as a decision has already been made."  That's Bad Faith here in CT.  A second Customer Service Person sent me a message saying she read my USPS report and agreed with me and told me to go back to the seller.  Based on this chaotic handling and differing messaging, I now have filed my paperwork with the State and will be filing my small claim action later today.  

[gosimus]

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@risky_jim wrote:     

That'll cost the seller and eBay thousands in defense fees for an unwinnable claim of $133.    

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What will it cost the plaintiff, in filing fees and whatnot?  Are the plaintiff's expenses recoverable?  

[rfmtm]

Much easier just to file with the payment processor who can override ebay's decision immediately.  Besides, while you can file a complaint against ebay, you agreed to ebay's TOS that all legal matters will be arbitrated, so going to small claims will not help you. 

[risky_jim]

Plaintiff cost is $25 and I don't have to appear.  Since eBay is a Corporate Defendant, the State of Connecticut requires them to have in person Defense Counsel answer the complaint.  To have Defense Counsel answer and defend a small claims action for a Corporate Defendant in CT it would likely cost at least $2500-$3000.  I know, as a Claims Person, I have hired counsel for my clients before.  Add to this, the fines/penalties that will be imposed for Bad Faith dealing/Unfair Business Practices coming from the State AG's office.  Add also to that the time and expense of the people dealing with this debacle.  I can easily see them spending $10K, so foolish, they just should honor the guarantee.  

[risky_jim]

The payment processor is PayPal, an eBay company.  eBay has refused to reconsider or even offer arbitration.  A clear violation of the Terms of Service.  

[jacbarcollectibles]

Unfortunately eBay has not owned PayPal for many years.  There are no longer any ties between eBay and PayPal   They are two totally separate companies now.  This is why eBay became their own payment processor.

[rfmtm]

Ebay no longer has anything to do with PayPal, they separated years ago.  File the claim on the PayPal website.

You can not sue ebay in Small Claims. You must file for arbitration, per ebay's TOS, which you agreed to when you sign up for an ebay account.

You can however file a complaint with the BBB and your AG, both will send notice to ebay and respond to you.

Also rather than talk to someone on the phone send a private message to ebay where you will get better results.

Send a private message for further help here:
http://facebook.com/eBay
or
https://x.com/askebay
or
https://www.instagram.com/ebayforsellers/

[risky_jim]

Complaints with the CT AG Office, the BBB and a Small Claim Action is pending (awaiting case numbers from BBB and the AG to include in the summons & complaint) against eBay and the seller have already been filed.  I'll now file a dispute with PayPal.  Thanks for the tip.

[rfmtm]

If USPS admitted to misdelivering your package, why didn't you or the seller pursue an insurance claim against USPS?