Ebay cancel culture could be violation of Anti Trust laws

[calicorecordsandcds]

If Ebay does not implement policy fairly and across the board for each and every seller they could be in clear violation of contract as well as Anti Trust Laws.  The latest thing that comes to mind other than my item is the Halloween costumes.  While one can argue that some of them are in horrible taste that is not the reason they refuse to allow them.  The argument they made as to why quoting policy cannot and does not match.  If the reason they quoted is what they consider to be a valid reason they should implement same bans on 10s of thousands of other items that arguably could fit or do in fact fit better than the said Halloween costumes.

Ebay needs to get out of this practice before they get sued for violations of Fair Trade Act which they may be committing against paying customers under the guise of market place policy.

They must enforce policies correctly first and foremost.  Then they must do the same for any like items that also violate this policy.

[redmodelt]

"If eBay's rules say you can't list something, you can't list it. It doesn't matter if other people have the same item listed-- that means they just haven't been caught yet."

I think that argument is getting old. If they can find one, they should just as easily find the others and remove them all. The bots need better training! Instead of all the changes in how things are listed, maybe the coders should work on that. 

[this*old*attic]

I can’t really argue with that in general, but I do think some items get pulled because a competitor or some stranger with a hair you know where reports the listing.

[yuzuha]

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@redmodelt wrote:

I think that argument is getting old. If they can find one, they should just as easily find the others and remove them all. The bots need better training! Instead of all the changes in how things are listed, maybe the tecks should work on that. 

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The problem is that bots can only flag things by looking for particular words in the title or listing. If the listing doesn't have a word that gets it flagged by the bots (say, "ivory," for example), the only way it's going to get caught is manually, and it's simply not feasible for eBay to have people checking every single one of the thousands and thousands of listings that go live every day.

Heck, we've seen sellers getting falsely flagged by bots too-- look at how many people have been told they can't list something because it contains the word "ivory" even when they're talking about the color of a pair of curtains, not actual ivory. Or sellers selling officially licensed replica props getting flagged for using the word "replica." Sellers of sports cards getting flagged for official reprint cards, etc.

Bots can help, but they mess up sometimes too. Sometimes they miss things that should get caught, other times they hit things that aren't a violation at all.

OP's original post talks about offensive Halloween costumes, for example-- I can think of plenty of Halloween costumes that could be considered offensive but that wouldn't trip a bot.

[calicorecordsandcds]

Factor in sellers are here voluntarily and that lawsuit goes down the drain.   I don't buy coffee at McDonalds because the smell from the material of the cups makes me nauseous.   I have no plans to sue them, I just get my morning drink at home or elsewhere.

This is not factual in cases of Anti Trust Laws especially when you are being charged for being here.  All market places are in fact voluntary.  You, might want to learn a little bit about fair trade laws.  

Further no where in my conversation did I say I planned to sue them.  I am simply pointing out that they could in future have a very serious legal problem.

[calicorecordsandcds]

Not certain exactly the source of your "angst".  

We too sell vinyl - quite a bit of it, actually.  And from time to time, something that is a bootleg or rated M or the cover art is offense and e-Bay takes it down.  Any of those apply to your angst?

I don't know who we is but, from the looks of it you don't sell anything.  What store are you with.

this does not concern bootleg or rated M.  I do not include photo of the cover because it is offensive so that is not the issue but, because the photo is there even if I don't show it.  They have said no go.  I asked how can I and they said you cannot no matter what.  Yet, there are thousand of the same type photos that Ebay according to their own policy (maybe some of you need to read it again) APPROVED!  Are allowed to post in the category that eBay says they must post in.  I am not even allowed to take that step and have been told that ebay does not allow those types of photos even though they Ebay,  APPROVED thousands of the same type of photos.

So here is the situation I have a photo on a album of a widget, I am told no way no how, however others with exact same type of photos submitted them for approval and they are posted having been approved by ebay.

just saying!

As for the recent halloween costumes.  That also may be a clear violation of Anti Trust Laws.  Unless they take everything off ebay that has to do with any type of violence.

[inhawaii]

Sorry this happened to you.
Ebay is not picking on you.  Don't take it personal.
I understand other sellers have the same thing listed.
Those listings will come down eventually.
Kinda like when you get pulled over and  cited for speeding.
You don't don't expect the cop to pull over all the other speeders do you?
Some get caught. Some don't.

[johnrj1226]

Sounds  like you just had a bad day.

My guess is that eBay's legal counsel has scrubbed their policies and practices to keep them out of of the court room.

My SWAG  says you have little knowledge how many other listing have been pulled that were  the  same or similar to yours.

[brites7214]

Since when does eBay follow any fair policies. They did dirty to there sellers for years and years. Now the buyers are getting it. They no longer have a 100 percent guarantee. 

I returned boots the seller listed incorrect size. They wouldn’t take return and they never gave me my money back. So tell me what’s left

[bonjourami]

"I don't know who we is but, from the looks of it you don't sell anything.  What store are you with."

You are not familiar with a posting id?

[bonjourami]

"I returned boots the seller listed incorrect size. They wouldn’t take return and they never gave me my money back. So tell me what’s left"

If you filed a case with 'doesnt fit', thats a remorse return and the seller is not obligated to take them back and refund you.

[bonjourami]

"As for the recent halloween costumes.  That also may be a clear violation of Anti Trust Laws.  Unless they take everything off ebay that has to do with any type of violence."

Another graduate of the Google School of Law..there have been several lately.

[dbfolks166mt]

     I won't get into the legal aspects but as far as eBay and their prohibited items list it's their site and they are free to run it as they see fit as long as they are doing so within legal boundaries. As others mentioned I am quite sure eBay has a LARGE team of lawyers that address the legal framework. 

     As for me I am indifferent there are simply too many other options out there to move merchandise and what I cannot list on eBay I list elsewhere. It's as simple as that. I don't have the time or the resources to get into a legal battle with eBay over trivial issues. 

[dbfolks166mt]

Since when does eBay follow any fair policies. They did dirty to there sellers for years and years. Now the buyers are getting it. They no longer have a 100 percent guarantee. 

I returned boots the seller listed incorrect size. They wouldn’t take return and they never gave me my money back. So tell me what’s left

     You did not provide any specifics on how the process was handled but if the boots were not as described, i.e. a different size than what the listing indicated, and you opened a NAD case with eBay and lost you would be one of the few buyers I have EVER heard of this happening to. If you simply mailed them back to the seller expecting them to give you a refund that is on you. 

[1tuna]

I sure would like to see some offensive vinyl

I never knew vinyl records or vinyl costumes could be be so offensive

are we talking blood and gore or slutty types

I need an example so I can judge for myself

@bonjourami 

[rosszonebricks]

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@calicorecordsandcds wrote:

Ebay needs to get out of this practice before they get sued for violations of Fair Trade Act which they may be committing against paying customers under the guise of market place policy.

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Contact your lawyer instead of the message forums.  Come back and let us know how your suing eBay worked out.