EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

[calibercollection57]

I need someone to direct me to eBay/s Legal department so I can forward info to my legal representative;

I believe that eBay lost a case some years ago in Federal court for misleading sellers in regards to the features of the premium advertisement fees such as the current sponsored listings program which I have had major issues with -

CAN someone please confirm that there is legal history of findings and penalties against eBay for misleading sellers about the features of premium paid advertising spots? and can someone give me contact info for their legal department; the bots on help option cannot process my request and it takes forever to get a hold of a real person and when you do, they never fix the issue, just promise contact in 48 hours plus by email which almost NEVER happens-

In the last month, I have spoken to 4 different supervisors and other representatives in order to prove that I was fraudulently charged exorbitant fees for sponsored listings while my listings never made it to local search engine results, and the fact that non-promoted listings were ranking higher on eBay's own search bar results than my sponsored listing. Each time I have spoken to supervisors, the calls lasted nearly 2 hours. It took this long because I did not accept their initial opinions that there was no problem and eBay delivered to me what I was promised.

I will try here to make a long story as short as possible - I was promised time and again that since they had tested my listings for the sponsored AD features advertised by EBAY for sellers, and the problem was verified by them, I would get compensated by EBAY for all the sponsored listing items I sold and paid for sponsored listing fees. Never happened.

ALSO, a supervisor said that since my seller status had fallen due to seller defects - my listings were not being prominently featured, for sponsored listings and regular ones. I asked this supervisor to go over defects, and told him that two of the five that showed on my record were not my fault; rather they were issues caused by the buyer's negligence in reading my descriptions. Two of the supervisors went through these defects on the phone with me, and verified that my claims were indeed correct, the fault was with the buyer clearly in one case, and the other was eBay's fault for not catching a mistake. Once again, they promised that they would appeal the defects and would get them removed from my record thereby restoring my seller status to 'Above Standard' rather than 'Below Standard'- this never happened, and their promise that I should wait 48-72 hours for the changes to take effect were completely false. After waiting several days, and no changes made to my account, I tried to follow up and some representatives claimed their was no notes from previous call, and that I should tell them all over again what the issue was. The times that I got an email back, the department who sent it, erroneously assumed that my issue was not apparent - although I had proven it before, over the phone with a supervisor -

It is abundantly clear that their language on the page describing the features of Sponsored Listings for sellers is misleading and deceptive - anyone can see this plainly by going there - the following statements can lead any seller to believe that their listings will go to Google Shopping results, both for online eBay purchase and for Local buyers to purchase in person. my sponsored and promoted listings never made it to any shopping search result of any search engine, google or otherwise; Furthermore, the passages below also mislead sellers by telling them that sponsored listings get featured at top of eBay search bar results - which was also tested by eBay on my listings and confirmed by eBay as a defect and problem that needed to be rectified.

https://www.ebay.com/sellercenter/growth/promoted-listings/promoted-listings-standard

FROM THE FAQ SECTION -

What is Promoted Listings Standard and what is the eligibility criteria?

Promoted Listings Standard puts your merchandise in front of more buyers when they’re actively searching and shopping on the eBay network, increasing item visibility and helping to improve the likelihood of a sale.

Why should I use Promoted Listings Standard when I am already optimizing for Best Match?

Promoted Listings Standard helps boost your items’ visibility by showing them in prominent places on eBay, including search results and product detail pages; and also across the eBay network.

As of now, as I write this message, I have been charged excessive fees for selling 'Below Standard' which I never knew would happen, and also my items are showing way below the top section of search results  on eBay search bar.  Furthermore, none of my listings are making it to Google Shopping results.  

[calibercollection57]

First of all, the problem with sponsored listings I was having, was happening well BEFORE my seller status fell to 'BELOW STANDARD';   

Secondly, my drop in seller status was not due to my negligence, it was due to a buyer's error and Ebay's error in not catching that mistake and penalizing me without merit.  

And lastly, I was promised that both issues - the fact that I paid for premium ADs and never got what ebay stated,  and also the unjustified drop in seller rank would be resolved.  Nothing came of my efforts.  

Yes, the Lawsuit was for a different program, yet the principle is the common factor that I am alluding to -

If ebay had done what was promised to me by three supervisors with whom I spoke to on the phone for nearly 2 hours each, I wouldn't be considering any legal proceeding.   

[luckythewinner]

I need someone to direct me to eBay/s Legal department so I can forward info to my legal representative

If your legal representative is incapable of finding eBay's legal department on his own,  I will humbly suggest that you may want to find a competent representative.

I was fraudulently charged exorbitant fees for sponsored listings

Didn't you choose the fee rate that you would be charged?

while my listings never made it to local search engine results

The user agreement you acknowledged says that if a buyer clicks one of your promoted listings, you will be charged a promoted listing fees for any of your promoted listings that buyer buys for the next 30 days - even if the item he bought never appeared as a promoted listing to any user. 

and the fact that non-promoted listings were ranking higher on eBay's own search bar results than my sponsored listing

eBay never promised to put your promoted listing above all other non-promoted listings.

As of now, as I write this message, I have been charged excessive fees for selling 'Below Standard' which I never knew would happen

The fact that you never bothered to read the fee schedule does not mean you have a legal case.

also my items are showing way below the top section of search results on eBay search bar

Again, eBay never promised this.

Furthermore, none of my listings are making it to Google Shopping results.

Please show us where eBay promised they could force Google to show your listings. 

[coolections]

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@calibercollection57 wrote:

a supervisor said that since my seller status had fallen due to seller defects - As of now, as I write this message, I have been charged excessive fees for selling 'Below Standard' which I never knew would happen, and also my items are showing way below the top section of search results  on eBay search bar.  

---

There is your problem. Being below standard will never get you higher up in search results. Make sure when you talk to your lawyer that you let him know your are a below standard seller.

[clown_car_driver]

Yes, if this was true, every man who had a prenup legal contract would never have it thrown out by a "family" court judge.

Apples and oranges.

In court, especially Family Court, a man is always wrong.  

The judge (a woman) would never give him an even break.

.

[monroe67]

(1)  1786davycrockett posted:  "And you might wish to read the contract to which you voluntarily agreed, at the time that you decided to sell on eBay, in which sellers acknowledge that they will not bring lawsuits against eBay."

(2)  dbfolks166mt posted:  "That clause in the contract means virtually nothing. You cannot agree to contract terms that are illegal and in the US there are few instances where a person cannot sue another individual or a corporation."

Response to (1):  eBay's User Agreement (UA) does not state that sellers (or buyers, for that matter) are not allowed to bring lawsuits against eBay.  The UA states that any disputes will be resolved by binding arbitration.  It is silent on how any legal disputes between eBay users and eBay are to be started.  

Response to (2):  "That clause in the contract" does not exist -- most likely because  it would be illegal.  

Here are the first few paragraphs from item 18. Legal Disputes in eBay's User Agreement.  The bolded text is in the original.  The phrases I chose to highlight are in green.  

[beginning of quote]
18.  Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes section, the term "related third parties" includes your and eBay's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, eBay's, and these entities' respective employees and agents.

You and eBay agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eBay (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of eBay or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and eBay, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and eBay each agree that any and all disputes or claims that have arisen, or may arise, between you and eBay (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of eBay or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.

Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Utah, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.

[end of quote]


eBay's UA does specifically prohibit one form of legal action, the Class Action, explained with the following quote.  Bolding and uppercase letters are in the original.  I've separated the wall of uppercase text into sentences to make it easier to read.  

[beginning of quote]

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND EBAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

UNLESS BOTH YOU AND EBAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. 

If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and eBay's right to appeal the court's decision. All other claims will be arbitrated.

[end of quote]

[mam98031]

Oh I understand that.  I just explained that not every promoted listing can be at the top of any given search return.  It is simply NOT possible.  There are too many of them, so Ebay has to rotate them or whatever they call it.  While you have taken the policy to be some kind a guarantee, it isn't written that way it is how you have interpreted it.

I also tried to explain to you that while your account is ranked Below Standard, you can't use Promoted Listings.  That is just a fact, not my opinion.

I NEVER said or implied that your drop in seller status was due to "negligence".  IDK if you are just so angry you will battle with anyone that shares anything with you or if you are actually trying to start conflicts on the thread.  I suggest taking a breath and try to realize that most are actually trying to help you.  Accept it or throw it out the window, your choice.  If you are so fixated that Ebay did you dirty that you can't listen to other very experiences sellers, then good luck to you.  It will be a long lonely road for you, not to mention expensive.

Ebay does NOT drop ANY seller's ranking because of ONE buyer.  It simply does NOT happen.  So accept that or not, it is the truth.  So until you are willing to actually listen and tell us specifically what the issue is and what your Dashboard numbers tell you, no one here can help you.  You have to help yourself FIRST.  The way you describe the issue is NOT how it actually works in reality, so you misunderstand something along the way.  You can say it is everyone else all you want, the fact remains is you have a misunderstanding.  Until you open your mind and accept that someone else may know something that can actually help you, there isn't much anyone can do for you to include a lawyer.

Ebay is unlike scared or concerned over you threatening legal action.  You will not get some quick resolution to the issues you have from a lawsuit.

IMHO your time and money is better spent on trying to get your account back in good standing so you don't risk losing your selling privileges all together.  That, at this time, should be your primary concern. 

[gone.c-33]

Any law firm worth its salt employs people whose sole job is to research and analyse old cases and precedents.

They shouldn’t be asking YOU to do their job.

[traditonalproducts]

Why would you ask this forum questions concerning these issues. If you have a legal representative that is what you are paying for their time, research, and experience. 

[itsjustasprain]

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@calibercollection57 wrote:

I need someone to direct me to eBay/s Legal department so I can forward info to my legal representative; 

---

I am sure that your legal representative is perfectly capable of locating the Ebay Legal Department when the time comes. Where I think your time would be better spent would be in conversation with an attorney right now. He or she can look over the user agreement(s) and tell you if anything is worth pursuing.

You should be able to find a free initial consultation with a law firm near you and I think you would benefit greatly from that. Right now I do not get the idea that you actually have a legal representative or that you have spoken with one.

[stephenmorgan]

See if this is what you are looking for.

https://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf

[calibercollection57]

Ok - allow me to clarify a few things, because are assuming way too much incorrectly, and sharing things which have no bearing on my dispute and claims - 

First of all, my listings which were sponsored, were for several months running BEFORE my seller status got downgraded - 

how did I know that my listings NEVER made it to google - OR to any third-party site or search engine outside of EBAY.com or Ebay's official app - Because I searched for them from a different computer altogether and a different IP address.  Also, the Ebay Supervisor I spoke to, did his own search efforts with me on the phone, and confirmed this fact - he was the one who said that based on his understanding, I should get a refund for my listings that sold, which were /SPONSORED'

Secondly, this same supervisor, and another one later searched for my sponsored listings on EBAY'S search bar itself - (I spoke to 3 supervisors, he was the first )   AND, he tried outside ebay searches and on ebay itself,  BEFORE my seller status dropped from ABOVE STANDARD to BELOW STANDARD-

Anyway, even when he searched on ebay.com search bar, my PROMOTED LISTING at ebay's suggested AD rate, my listing only appeared after many other sponsored and also after listings that were NOT SPONSORED-  considering a TOP to BOTTOM  list view/page orientation and order-  SO, the supervisor himself, after spending two hours on the phone with me,  determined that the official description of sponsored listings on Ebay's site - was indeed misleading - and I had been wronged, when I paid sponsored listing fees.  He even suggested , that it may be due to  a problem with Ebay/s software or a bug. 

By the way, the other two supervisors I spoke with after, also came to similar conclusions.  ALL of them promised that since they checked and proved my claims, I should be compensated.  Furthermore, they dug into 2 of the 5 defects on my seller record and determined that I had solid grounds to reject one if not both of the defects which I showed had no mistake or wrong-doing on my part -

GUESS WHAT? NOTHING HAPPENED - when I got emailed back two of the times, the department basically said in a one line response, that they did not see the problem! Yet, the problem was there, and spending nearly six hours on the phone with three different supervisors proved that fact -  

negligence on my part  WAS IN NO WAY a factor  that  played in my dispute  -

in terms of reading the terms offered by ebay in regards to sponsored listings, nor in getting penalized with seller defect score.   

Furthermore, I am not making a fringe or absurd claim, go look at other posts on this forum replete with sellers complaints with sponsored listings (other issues and maybe same issues as mine)

By the way, this account I am using is fairly new with only few feedback - However, I worked for a small company in which I was a partner / manager, where we sold vehicles and commercial equipment - that had over a 1000 100% positive feedback - So, no, I am not a new kid off the block who knows nothing about my rights as an ebay seller- bottom line is,  ebay, like many other corporate giants, have chosen to pursue higher profits at the expense of seller rights.  

And Lastly, ebay has been sued, and lost a case for making  SIMILAR deceptive / and fraudulent claims and charging sellers for them.

[luckythewinner]

GUESS WHAT? NOTHING HAPPENED 

That is because what those 'supervisors' told you was not true. Promoted listings are not guaranteed to appear in every search, and are not guaranteed to appear above non-promoted listings.

And the results of a search by you or a supervisor prove nothing, because there could be hundreds or even thousands of other matching listings that are also promoted.

That is why eBay offers you the opportunity to set a higher promotion rate, because the higher you set the the rate the higher your CHANCE of being placed in one of the limited promoted spots on a page. 

[fashunu4eeuh]

@calibercollection57 wrote:

“GUESS WHAT? NOTHING HAPPENED…”

That’s because the so-called “supervisors” had no authority to effect change on your behalf and likely told you what you wanted to hear. Had what they said had any merit at all, some kind of change or problem-solving would have happened for the 6 hours you spent. But nothing happened, and that is a big red flag. What was promised will never materialize.

We regularly hear tales like this here in the forum—“i called customer service and they agreed with me!”. This can be a disservice to the seller who then embraces his belief to the exclusion of all else. They didn’t do anything for you except perhaps to give you faulty advice that could lead one to damage their prospects rather than resolve their issues.

[mam98031]

"And Lastly, ebay has been sued, and lost a case for making  SIMILAR deceptive / and fraudulent claims and charging sellers for them."

This is not accurate.  Yes Ebay was sued and they SETTLED.  That is not the same as going to court, in front of a judge and maybe jury, presenting evidence on both sides and ultimately Ebay lost the case.  That did NOT happen. 

While you may not want to acknowledge there is a difference, the fact is there is a HUGE difference.

[calibercollection57]

well, you are missing a major component about the previous case which they settled for fraudulent Advertising  packages offered to sellers-  They tried to get the case dismissed altogether, I do not remember the exact argument they made - but the judge rejected their motion, and after that, at some point - they decided to settle.  

so no, its not like they lost in front of a jury - but that by no means indicates that they were  on solid footing - if they had been bulletproof, the judge would have allowed their legal reps the upper-hand;