Is eBay Practicing Unethical & Illegal Discrimination?

[zenpowerstore]

eBay appears to administer accounts unfairly, where some sellers can sell near anything, while other sellers are suspended without stated reason.  If eBay allows sellers on one hand, but not others, for similar services and products then this is discriminatory.  It's no longer a matter of any policy, but a violation of business ethics and even the law.

Such discriminatory actions can be in violation of the Civil Rights Act of 1964 and Equality Act 2010.  As eBay is located in California, even more laws can apply on this matter.  How do others feel about unfair discriminatory actions?  What can be done about it?

[jonathankirkland]

---

@dugoldstuff wrote:

For me, said it was bone.

Yet many items listed with "bone" in title, and in some categories, it's an item specific.

I even called eBay on one to mention this.

As well, I mentioned, on the antique items, that since they were antique, no currently endangered animal was killed to make them.

The CSR said I needed to go to an antique dealer locally and get a letter that the item was a antique. Also said I could go "somewhere" (not sure where) to have someone test the item and say what kind of bone it was and if was not endangered (even though it's antique and lone dead), forward the info to eBay so it could be relisted.

THIS IS TRUE. If this is not ridiculous, I don't know WHAT is.

Yet, again, "bone" is in many listed titles, and an item specific in some categories.

Your explanation, please?

---

This sounds like complete and total nonsense.

You may choose not to believe this, but it's been believed for a long time now that the CSRs you call and talk to at ebay will tell you any nonsense they can think up just to get you off the phone quicker.

The only way to get real, accurate help is by messaging ebay on their official FB page.

[zenpowerstore]

The issue about that, is if a cop stops a driver for speeding, then they tell them why and what they did.  A person will get their day in court to explain their side of the story, and the judge might even give the driver a win.

Where with eBay, it's like a cop that stops a driver, takes them to the side of the road and stomps them out.  After the beating, takes their license and tells them no explanation will be given, your driver license is suspended for life.  Now get out of here.  Then such cop, whenever he feels likes it, randomly pulls over other drivers for the same beating and permanently depriving them of their license.

When people know that this is what such a rouge cop is doing, they will take his badge away, at the least. 

If there is an actual violation of public policy, and not something based on whim or discrimination (thus a violation of various laws), it's at least fair and ethical to inform the user of what it was.  Even if there is refusal to reverse the decision, there is a why and what.

[tools*]

eBay only discriminates based on financial standing, and their ability to get away with it.

[dugoldstuff]

The purpose of my comment was to suggest that no one with any legal experience would agree with the OP.

If many people are supposedly bound by the same contract (sellers) are signatories and bound to the same contract, but it is only enforced on some of them, that is unfair treatment.  I would be willing to wager that a lawyer in contract law could find a breach of contract (or some other foul play) in this situation.

[dugoldstuff]

What kind of animal did the bone come from? Did you state this in your listing?

How do you know what kind of bone is in the handle of an antique knife that's 100 years old (dated by name stamped in blade)? 

No where in item specifics are you asked what kind of bone.  It is not required for listing.

Please do a search now for bone-handled knife. See what comes up. Do any state the animal?

[dugoldstuff]

This is exactly correct. If say 4 sellers are selling a similar service and product and eBay decides to ban 2 of the sellers for life with no explanation whatsoever, but allows the other 2 to sell the same or very similar product (and have been doing so for years), then that can point to discriminatory practices.

Thank you.

And when I had my lengthy talk with the CSR, she said I should "report" other sellers with the same item as mine that was removed. Really? How does that solve the unfair treatment? eBay treats me unfairly so I'm going to get mad and take down other sellers too? No thanks.

[dugoldstuff]

To the OP: Favoritism is not discrimination in a legal sense.

But we are all under the same contract, and it is only being enforced upon some. It is possibly a breach of contract. A business lawyer with expertise in contract law could say if it is so.

Just think about it, what if a teacher would let some students cheat, but not others?

Do you really think that this teacher would not be fired?

[luckythewinner]

---

@dugoldstuff wrote:

But we are all under the same contract, and it is only being enforced upon some. It is possibly a breach of contract. A business lawyer with expertise in contract law could say if it is so.

---

Have you actually read this "contract" that you keep mentioning? 

It says: 

"Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion."

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

[dugoldstuff]

If a seller from China is allowed to do whatever, while sellers from other countries get banned, that is discriminatory. It means the published policies are not being fairly applied, people are being deprived of opportunity, or eBay is doing harm to users or business. Denial of services on a discriminatory basis, can mean a violation of law. Which would also explain attempts to hide it and give no explanations.

Correct.

   Everyone bound to the same contract should have equal treatment and opportunity. There should also be due process for reprimand.

   Interestingly, contract law does recognize the powerlessness of one party in a contract as perhaps designating the contract as not legal.

From FindLaw:

The unconscionability defense is concerned with the fairness of both the process of contract formation and the substantive terms of the contract. When the terms of a contract are oppressive or when the bargaining process or resulting terms shock the conscience of the court, the court may strike down the contract as unconscionable. 

A court will look at a number of factors in determining if a contract is unconscionable. If there is a gross inequality of bargaining power, so the weaker party to the contract has no meaningful choice as to the terms, and the resulting contract is unreasonably favorable to the stronger party, there may be a valid claim of unconscionability.

[dugoldstuff]

eBay can have a tremendous negative effects on businesses and individuals through discriminatory practices where their stated public policy is not fairly applied.

Right,

   And this is why over the fifteen years that I was selling, I never took the bait for those cheap offers for stores and whatever else. I knew they could, and would, just change the terms, at anytime with no notice, and probably right after I ramped up and made investments in merch and equipment. 

I have told CSRs this, as one time several years ago, they had an aggressive "Open a Store" campaign, and CSRs even CALLED you about doing so!

eBay messes with people's lives.

[eribbri44]

I have heard a lot about account restrictions and am very worried.

[dugoldstuff]

This sounds like complete and total nonsense.

It was nonsense. I was totally flabbergasted.  Who, pray tell, was I supposed to send this letter to, for one thing? And I was going to do all that for a stupid knife?

I never took this incident as also a poor reflection of CS, but you are right about that, to just add to the entire incident.

[dugoldstuff]

It says: 

"Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion."

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

So they are basically admitting they discriminate.

You would want to be in a college course where the syllabus says, "I  (the teacher) will enforce attendance rules on anyone at my discretion."

Then, you are late and get docked points, while someone else is late too, and does not.

And how long before that teacher is gone?

[kensgiftshop]

@zenpowerstore 

Some sellers are authorized to sell certain items, while other are not.

Without knowing what you tried listing, it's hard to say what happened.

[pikabo-icu]

---

@dugoldstuff wrote:

To the OP: Favoritism is not discrimination in a legal sense.

But we are all under the same contract, and it is only being enforced upon some. It is possibly a breach of contract. A business lawyer with expertise in contract law could say if it is so.

Just think about it, what if a teacher would let some students cheat, but not others?

Do you really think that this teacher would not be fired?

---

But the comparison isn't exactly applicable..

If the teacher doesn't know the child is cheating, they can't be held liable for allowing it.

Look, I'm not gonna lie, I've seen some big box stores get away with a lot of stuff that the average seller can not. Listing limits are right out the window with big sellers and it is annoying BUT

The contract does allow eBay to make changes to any account for ANY reason or NO reason.

If they deem a big business capable of listing limits of $1,000,000 right out of the gate, they can allow that.

If they have certain sellers prequal for selling hand sanitizer, they can do that too.

I do have a HUGE problem with the preorder rules they have been violating because THAT breaks FTC (I believe that the alphabet) law. There's even a thread about it on page 2 or 3 of this board..

So eBay can be unfair at times- and in the preorder fiasco this is likely illegal BUT for the most part, they can be unfair and they're not violating their contract or any laws.