Starting a lawsuit!

[miladso7575]

Hello all, 

I sold my Apple Watch back in Oct 2021 to a buyer from Armenia, I packed and shipped the item using the label purchased from eBay. In November 27th the buyer messaged me and send me a screenshot of the iCloud Lock Screen which one can only access if the watch is near the phone. In January the buyer claimed they never received the item since the USPS website did not show any update after the item left US. Ebay emailed me their policy regarding the evidence to proof the item was delivered and I provided them with a full tracking history from Armenia’s postal services website showing the item was delivered, every details 100% matches what eBay policy requires but they did not even look at and I received over 20 email from the saying the USPS is not showing update since Oct when the item left US territory. 
after a heated back and forth one of ebays employees emailed me saying i confirm the watch was delivered to the buyer since the iCloud issue and the screenshot shot he sent me from the login screen which he could only get to if he had the watch physically in their position. 
few days later again they tried to take money from my checking account and After confronting them they again are saying the item was not delivered. 

they did not even bother to look at the evidence of delivery I provided and simply they could go to that postal service website and input the tracking number purchased from eBay and confirm delivery, but they never tried and ignored my screenshots of the website. 
moreover their employee emailed me saying he confirmed delivery but yet again they are insisting they item wasn’t delivered and they are kept wanting to drain my checking account. 
At this point I have printed all the emails and communication and I am filling a lawsuit, they did not even bother investigating the new international buyer with no history on eBay but they are trying to extort a US citizen. 

so yes You all will hear about this ! 

[firejake2003]

Were all of your communications handled through ebay or did you go off site and communicate through private email?

[downunder-61]

Ooooh goody, another lawsuit...........

[kensgiftshop]

Let us know how far the law suit goes.

[lamber9347]

You can't sue eBay because you signed an agreement that their decisions are binding when you signed up to be a seller. However, I'm certain you will find a "lawyer" willing to take your money. Best of luck to you....

[monster-deals]

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@miladso7575 wrote:

You all will hear about this ! 

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I would bet against that happening

[dbfolks166mt]

     Actually you can sue eBay if they are in violation of their side of the contractual agreement both parties agreed to. It happens multiple times per day to multiple companies. EBay's decisions are only binding if they follow their published policies. In this case it appears the seller provided the required information to eBay as per their policy and eBay ignored it or did not consider it in the decision process. That would be considered breach of contract. However there are always two sides to every story and the lawyers should have a hay day with this one. Some examples. 

https://www.ecommercebytes.com/tag/ebay-lawsuit/  

[dnasilver]

If eBay violates commerce laws you can sue regardless of a TOS. Where did you sign anything? Clicking on a button that says you agree is not the same as signing. I grant you the odds are slim, but to say you cannot sue is not true.

[maxine*j]

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@miladso7575 wrote:

...  I am filling a lawsuit...  im planning yo also publish their communications to a news outlet to shame them in US...  so yes You all will hear about this ! 

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I await the headlines with 'bated breath.

=

[wildpitchsports]

Why didn't you just use eBay Global Shipping so you didn't have to deal with all of this in the first place?

[mrdutch1001]

good luck with that law suit! and I hope you have deep pockets for those lawyer fees. We all welcome seeing the outcome of this lawsuit....which may or may not even get out of the gate...

wonder which mile-high stack of lawsuit papers yours will get tossed under?!

[katzrul15]

@miladso7575 

Sorry this happened.

Were there no red flags as you considered an Apple Watch internationally?  

Understand your frustration.  I likely would not have shipped it across town, let alone to Armenia.  

Have you reached out to e-Bay on social media to discuss this?

(7) eBay for Business | Facebook

Good luck!

[annadryl]

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@miladso7575 wrote:

so yes You all will hear about this ! 

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Actually kinda tired of hearing all this. Are you doing this to fix the issue or just for attention?

I'm just tagging on in case something actually happens. It NEVER does.

[fashunu4eeuh]

Hi @lamber9347 ! How are you? I always enjoy reading your informative posts.

Just wanted to clarify the section of the User Agreement entitled Legal Disputes. Well, it is as clear as mud, but i believe that small claims court is still available to an individual who is so inclined to sue eBay. 

Otherwise, you are correct that sellers agree to binding arbitration, primarily in place of class action law suits. But apparently this does not supersede an individual’s right to seek satisfaction thru a small claims redress.

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

“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...”

[firejake2003]

If the seller took the communication outside of ebay he is out of luck.  I went through a similar situation where an upset buyer started to reach out to me by phone and my business email.  A number of years ago we sent an electronic item (it was a GPS system for a boat) to a buyer with a US address.  There were no issues with the shipment to that address.  However, it turns out the address was a freight forwarder.  About a week after confirmed delivery, the buyer files a claim that his package was a broken car radio and that we scammed him out of his GPS.  Claim was filed, money taken from us.  He started harassing us off ebay with all kinds of threats.  He was an American who had a business in Honduras, and he uses a freight company to deliver his things.  However this was revealed to us by outside email and a threatening phone call.  We contacted ebay about the situation because we knew it was going to be messy.  We were informed that ANY communication regarding a problem with a buyer who claimed they had a problem had to be done in ebay messaging.  We had to get the buyer to reveal this information within ebay messages.  Once we got him to state in the messages that he used a freight forwarder, ebay said our responsibility ended at the shipping destination.  It took some creative language, but it worked and they supported our situation and ruled in our favor.  Needless to say, I will NEVER sell anything electronic on ebay again!