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.

[dbfolks166mt]

The financial institutions do not have all the facts. 
For example this item was professionally graded. 

     It is incumbent on the seller to provide that information if and when they dispute the chargeback. 

there is no not as described. 
as per item was disputed. 

also if the policy of not opening a return. 
is not filed. Which is first step. 
anything after 30 days of receiving. 

     Buyers are NOT required to open a return request through eBay before opening a chargeback with their CC company. It is supposed to work that way and the current laws reference that but it is NOT a requirement. Most buyers have figured out that chargebacks are the path of least resistance. 

that is it. 

also if page states no returns on graded items. 

     If this item went through an authentication process then eBay should provide the seller coverage. If it did not I can order a LOT of professionally graded items out of China. Not only have they gotten pretty good at counterfeiting the item but the authentication documents as well. 

     Not exactly sure what you mean by "no returns on graded items". 

a buyer should not buy. 

in the world I live in 

A buyer does not get to keep their money and the item. 

     Happens all the time through chargebacks. Sellers only recourse is small claims court but that is often a non-starter due to distance between the buyer and seller. If it's an international transaction good luck with their legal system or trying to get them to adhere to ours. A number of corporations have attempted to bring international counterfeiters to court or to sue them. Most have failed. 

this is called Fraud and Theft. 

    Yes it is. Also referred to as friendly fraud these days. 

No one should sell anything over 250$ on this site since anyone can open a dispute at any time. the FI will always side with their client. 

the fact that I did not get to explain this is lack of seller protection. 

[dbfolks166mt]

You can google something like:  "class action vs eBay and financial institution."
Sometimes when you take action -- like spending time researching legal cases -- it can help you feel a little less powerless.  

However:  eBay's User Agreement specifically states that eBay will not participate in any class action suits against them.  

     They can state what they wish but it may or may not be upheld by the courts. 

If you feel you have a viable case, you can file your own lawsuit against eBay.  You can sue anybody you want, but you gotta be able to prove your allegations.  You need to be aware, though, that the User Agreement also spells out that eBay will resolve any legal disputes by binding arbitration rather than by a trial in court.  That would be a good thing for both eBay and you, the plaintiff.  Binding arbitration is less formal than a court trial and also costs less. 

     It will be interesting to see how eBay deals with the current EPA and DOJ lawsuits. 

[dbfolks166mt]

The financial institutions do not have all the facts. 
For example this item was professionally graded. 

there is no not as described. 
as per item was disputed. 

     Unfortunately at this point in time there is a technical issue and nobody can see the items you sold so there is no way to look at the posting for the item. Care to provide an item number?

[fischstik]

The fraud is with the buyer opening a fraudulent not as described with the FI. 

a professionally graded item is exactly as described. 

Don’t forget.  This is not all about money. 
this has become personal. 
I can still file criminal charges of extortion Harassment. Fraud   Theft by deception and mail fraud. 
2 of which are felonies. 

most of you would just sit back and take this **bleep**. It seems. 

[fischstik]

I read the part that said policies will be followed. 
my item initially said no refunds or returns on CGC professionally graded items. 
(this is eBay policy to have the word no returns )
there goes a breach of contract. 

I also filed a report of being extorted for money and harassed and nothing was done. 
a return was offered but no return opened. 

48 days later. U call your Fi 

that’s 18 days past any eBay intervention. 

all bets are off.

it’s me vs buyer. 
plus criminal charges. 

[fischstik]

And that’s why my sights are on the buyer. 
and even better if I can prove a track record of this.  

[inhawaii]

---

@fischstik wrote:

most of you would just sit back and take this **bleep**. It seems. 

---

Most of us would do the smart thing (nothing) and have the same results as you.

But I wish you luck.

[gone.c-33]

---

@fischstik wrote:

The fraud is with the buyer opening a fraudulent not as described with the FI. 

a professionally graded item is exactly as described. 

Don’t forget.  This is not all about money. 
this has become personal. 
I can still file criminal charges of extortion Harassment. Fraud   Theft by deception and mail fraud. 
2 of which are felonies. 

most of you would just sit back and take this **bleep**. It seems. 

---

All I’m saying is that your anger at eBay is misplaced.

[fischstik]

Customer service failures. ?

 I am a top rated seller for over 22 years. 

how about you let me buy your most expensive item. ?
let me file a dispute. 

and see how it goes. 

then u might see how it feels. 
I can’t believe all the negativity from this post. 

I do not scam people. 
I sell good products. 
I pack with care. 
I ship fast. 
there are predators out there. 
most of u can not see this. 

[fischstik]

Then anyone in their right mind should not sell anything expensive anymore. 

That is the message I am trying to convey. 

learn from this lesson 

don't criticize it. 

see all I did correctly 

and that I'm only guilty of faith in mankind. 
and of just  right and wrong. 

[vintagecraze50]

Ways to reduce chargebacks:

Have a return Policy

Give amble time for a customer to return the merchandise, 30 days pretty standard

Make SURE your listings are accurate with detailed pictures, descriptions

If you get the chargeback, try to dispute it with a file uploaded to ebay with all the pertinent info the credit card company needs for the rebuttal

Pray that Ebay actually does do the rebuttal properly.

NEVER if possible refuse to refund a person here on ebay, you are asking for a chargeback.

How to avoid a major loss to YOUR business? Do not list anything over the amount ONLINE  that YOU cannot afford to lose or recoup through other sales.

[fischstik]

No I’m up against just a fraudulent buyer. 

A small time criminal. 

[fischstik]

I do not feel powerless.
And I have the ball rolling. 
I have all the time in the world. 
Will be taking this to the end. 

[vintagecraze50]

The credit card companies make it easy for a small time criminal to get away with this. The laws are outdated by the Federal Trade Commission. The laws were enacted WAY WAY before the advent and explosion of online sales. The laws were enacted to protect consumers mainly from substantial losses from HIGH TICKET purchases that were fraudulent. It allowed consumers to bypass any merchant to obtain their refund. Unfortunately those laws not cause law breaking behavior. Contact your local Congressman for reform of this law.

[vintagecraze50]

Also, the CREDIT card companies profit from these criminal actions because they charge the Merchant, and in this case EBAY is the merchant, a chargeback fee anywhere from 20 dollar up for each chargeback. You the seller will eat this 20 dollar charge as well when you lose the chargeback. Yes, it completely stinks. Not eBay’s fault though. But, they better be starting to fight these a bit better cause it’s getting to be a big problem.