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

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.  

Message 1 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

@calibercollection57 

 

"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"

 

If this, indeed, is what you "believe," then you will need to pay your "legal representative" to research the case history on your behalf -- the legal department for eBay will not assist you in your own legal research, as that defies all judicial logic.

 

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.

Message 2 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

Ebay notifies sellers with messages and emails if their account is below standard.

 

They even warn you ahead of time if you're getting close to dropping below standard.

 

Message 3 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

A simple Google search turned this up:

 

https://community.ebay.com/t5/Ask-a-Mentor/how-contact-Ebay-legal-department/m-p/32293922#M55380

 

You will need to explain to the court why the arbitration you agreed to at sign up time does not apply.

Message 4 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

"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"

 

EBay has been sued multiple times by individuals as well as in class action law suits. Some they have lost and been forced to pay. In other instances the case has been dismissed. 

 

If this, indeed, is what you "believe," then you will need to pay your "legal representative" to research the case history on your behalf -- the legal department for eBay will not assist you in your own legal research, as that defies all judicial logic.

 

Totally agree. 

 

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.

 

     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. 

Message 5 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

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

Message 6 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

A simple Google search turned this up:

 

https://community.ebay.com/t5/Ask-a-Mentor/how-contact-Ebay-legal-department/m-p/32293922#M55380

 

You will need to explain to the court why the arbitration you agreed to at sign up time does not apply.

 

     I am quite sure that if the OP found a lawyer or a firm willing to take the case that they have this covered. 

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


@dbfolks166mt wrote:

A simple Google search turned this up:

 

https://community.ebay.com/t5/Ask-a-Mentor/how-contact-Ebay-legal-department/m-p/32293922#M55380

 

You will need to explain to the court why the arbitration you agreed to at sign up time does not apply.

 

     I am quite sure that if the OP found a lawyer or a firm willing to take the case that they have this covered. 


Given that the OP has not even been able to find the contact info for the Ebay Legal Department without help from people here then I hate to think how long it will take him to find a lawyer. I do not think a court case is going to result from this.

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

First of all, I simply asked if there was a direct means to contact the EBAY legal department - it was a simple request no need for dramatic responses in an effort to sound like Ben Shapiro - 

 

Furthermore, I asked for info on another lawsuit which Ebay lost a while back, and instead I get links for Ebay arbitration policy - i know what an arbitration policy is - 

 

if indeed anyone who responded to me said that I cannot sue because of the arbitration clause - I ask them, what would they do when they paid for a service, and they never got what they paid for.  After making repeated requests for resolution, still nothing -despite being promised that issue will be resolved.  Also, if ebay penalized you and dropped your status when it is clearly a buyer's error and Ebay/s error in failing to recognize that fact led to seller status tanking - what would you do ? Generally speaking,  arbitration clause only holds weight to the extent that you have exhausted conventional means of redress- 

 

Lastly, I found the case that I spoke of initially - Ebay LOST the case and paid out $4.5 million settlement for almost exactly the same unethical /fraudulent behavior back in 2012.  

 

here is some info from a website that lists class action lawsuits - 

 

"In January 2012, plaintiff Custom LED LLC filed a class action lawsuit claiming that eBay’s Featured Plus! upgrade, an optional service that was supposed to increase the visibility of its users’ listings, did not deliver the promised results.

 

"According to the class action lawsuit, eBay’s Featured Plus! service would place listings in a prominent “Featured Items” section of certain search results pages. The plaintiff argued that, despite paying $39.95 for the upgrade, their listings received no priority treatment."

 

and ... 

 

"EBay has denied any wrongdoing but agreed to settle the class action lawsuit to avoid the uncertainty and expense of trial.

 

Under the terms of the proposed eBay class action settlement, Class Members will include all U.S. eBay customers who listed items for sale on the eBay website with the Feature Plus! upgrade and incurred fees for the upgrade from January 23, 2008 until the present."

Message 9 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

I wish you luck.

Please come back and let us know how it turned out.

Highway Patrol - Junior Brown
Message 10 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

Ebay hasn't had the Feature Plus program in many years.

 

The lawsuit was from 10 years ago, so I don' think it is a "proposed" settlement, but an actual settlement.  One which is not all that unusual in the legal world since it would have likely cost them more just in legal fees to defend the company.  You see this kind of thing all the time, settling out of court.

 

I assume in today's Ebay you might be referring to Promoted Listings which is a tool sellers can use if they want to as long as their account is in good standing with Ebay.  This and other tools are not available to sellers that fall below standard.  Being Below Standard also causes all your listings to get reduced visibility as they drop you down a bit in the searches.

 

This should not have come as a surprise to you if you had been paying attention to your Seller Dashboard and the numbers in which Ebay evaluates sellers on every month.  You would have been warned you were getting close to having issues.  

 

If you are talking about getting dropped to below standard because of the Service Metrics number, you having too many INADs or INRs, those don't even come into play until you have 10 claims filed against you.  So if you had 5, the Service Metrics wasn't your problem.  

 

Fair evaluation and seller protections

To ensure your ratings are based on valid statistics and fair comparisons, and that we only place limitations on selling activity when significant differences are identified:

  • We only benchmark you against sellers with similar sales activity, items and business policies (see How we benchmark performance)
  • We may adjust a rating in certain circumstances so that it won't affect your account. When we do this, you'll see a message in the service metrics dashboard. For example:
    • Your sales have grown and you've changed from a 12-month to a 3-month evaluation period and peer group. If this results in your rating becoming Very High, we'll adjust your rating and limitations won't apply for one evaluation cycle
    • A service metric rating is High or Very High, but the rate of reports/requests is less than 1% of transactions
  • A Very High rating won't affect your account unless it involves at least 10 reports/requests with 10 unique buyers

https://www.ebay.com/help/policies/selling-policies/seller-performance-policy/service-metrics-policy...

 

Defects are what you can see on your Seller Hub.  In order to try and help you, we need a clear understanding as to what got you in the Below Standard setting.  What you have shared so far doesn't do that and certainly isn't clear.  Go look at each section in your Seller Hub and let us know what you see.  That would  help.

 

"my sponsored and promoted listings never made it to any shopping search result of any search engine, google or otherwise"  I have no idea how you could or have proved that.  That would be a darn high bar to meet.  Keep in mind that while you are Below Standard, you have no Promoted Listings.  

 

All promoted listings can't appear at the top of the search returns.  That isn't even logical.  There are too many of them, therefore they are likely rotated in some fashion.  Same as they are you when click in to view a listing and there are a bunch of promoted listing showing inside some other seller's listings.  They can't all be there at the same time.

 

Now not all sellers use Promoted Listings, but there are over 2 Billion listings on Ebay.  Even if it was 25% of the sellers that used PL on 15% of their listings, that would still be millions and million of listings being promoted at any given time.

 

Every seller that gets downgraded to Below Standard feel the penalty fee of 6% is excessive.  Can't say as I blame them as it is a lot, but it is an incentive to keep sellers from falling in this hole and heeding warnings sent and to encourage seller to pay close attention to their statistics.

 

A lawsuit isn't the answer.

 

 

 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 11 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

 Some thoughts on your opening post:

 

-The contact info for eBay’s legal dept can be found in the body of the section entitled Legal Dissputes in the eBay User Agreement.

 

-If you are calling the outsourced overseas reps, then you are likely wasting your time. They have no authority to act on your behalf. With little training, they are infamous for dispensing unhelpful info and advise. If you need help, go to eBay’s Facebook for Business page and send a private message briefly outlining your issue. These are actual trained employees of eBay with the authority to help. It may take a couple of days to get back to you. 

-This is the blurb in the Promoted Listings policy that references the outside search engines:


Your promoted listings may appear in sponsored placements off eBay, including search engines, to help drive traffic to your listings when buyers are actively searching and shopping across the internet.”

 

I disagree that this is misleading. It does not say a listing will appear in outside search engines. It states “may” appear. That is not a promise of inclusion. Common sense dictates that as eBay has no authority over Google’s choices, that it cannot then absolutely promise that one of its listings will be found there.

-If you wish for your listings to show up in Google, then you would do better with optimization of your listings. I use Promoted Listings on only a few select items and my non-promoted listings still show up in Google without having to do anything but insure they follow the best practices for SEO. (Currently your listings appear not to be optimized.) The link below should help you get started, if you are interested.

-Good luck with your quest. Will watch with interest.

 

https://export.ebay.com/en/marketing/promote-listings/seo-promotion/

Message 12 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

Google search does pick up many of my listings as well REGARDLESS if they are promoted or not. Paying for a promoted listing on the other hand does not quarentee they WILL show up there. Google has their own criteria for selecting these listing and they only allow SO MANY of them from ONE website to appear on them so THEY do not get sued for favoritism, However, IF you pay google enough, they just might let that rule slide. Ebay in no way tells you in their agreement that they quarentee they will show up. You let your account slide by not paying attention to your defects, THAT is not eBay’s fault, that is yours. Did you know also that people are paying extra extra to have those ads competing with you for placement. If you get someone doing the pay per click business they might just win out on the placement of those ads, making yours drop down into oblivion anyway. Do some more research before you pursue a fruitless court case.

Message 13 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

As a side note, Google is in trouble right now for monopolizing the search engine industry and is going to be evaluated for that by the government.

Message 14 of 62
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EBAY FRAUDULENT / UNETHICAL BEHAVIOR REGARDING FEATURES OF SPONSORED LISTINGS..LEGAL ACTION PENDIN

If your lawyer doesn’t know how to get a letter to eBay’s legal department, get a new lawyer.  It is actually pretty easy.

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