Suing eBay

[keeniabowden510]

Buyer claims I sent empty box. Then decided in the buyers favor because he filed a police report. I try to appeal case but they simply won’t let me appeal. Now I had to shut down my business and I’ve been doing business on here since 2009. Has anybody sued eBay?

[gamersbaystore]

Despite the claims from others, yes, you have the legal right to sue ebay if they broke the law. Their terms of service and arbitration agreements are void the moment they violate the law. Those agreements are nothing more than scare tactics.

For the record, ebay gets sued constantly thru small claims court. If the item is less than $5K, I would recommend using small claims court.

The one time I threatened to sue ebay, they backed down and gave me my money. They know if they get dragged into a legal battle the costs will only rise.

Amazon too gets sued constantly for all the garbage fraud they commit against their sellers.

[ittybitnot]

@keeniabowden510 

Have you seen the police report?  Asked ebay for a copy perhaps? 

You may find this interesting: 

https://community.ebay.com/t5/Selling/Obviously-fake-police-report-submitted-to-ebay-ebay-using-it-t...

[luckythewinner]

Buyer claims I sent empty box. Then decided in the buyers favor because he filed a police report.

The police report has nothing to do with why they decided in the buyer's favor. They always decide in the buyer's favor.

Now I had to shut down my business I’ve been doing business on here since 2009

Why did you have to shut down your business?

Has anybody sued eBay?

Yes, google "eBay vs. Campbell" from 2012.

She sued because eBay always found in favor of buyers.

She lost.

[pburn]

@keeniabowden510 wrote:

 Now I had to shut down my business and I’ve been doing business on here since 2009. 

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I see you still have 11 active listings. Let me know when you're going to shut down your business, because I spotted something I might be interested in, and I don't want to miss out on it when you shut down.

[maxine*j]

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@gamersbaystore wrote:

...  For the record, ebay gets sued constantly thru small claims court. If the item is less than $5K, I would recommend using small claims court...

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I personally know of no case of anyone suing eBay in a small claims court.  I would love to see citations, however, as that sounds interesting.

So far as I know,  eBay buyers have sued eBay sellers in small claims courts, often successfully., but that's not the same at all. 

And even that is not easy.  If the buyer and seller are in the same state, or if the seller can be shown to have sufficient commercial contacts in the buyer's state, then personal jurisdiction  can usually be established, and a small claims court case can be filed.

If they are in different states, the buyer will have to sue in the seller's state, and that can be done, and has been done, but it's one mighty hassle.

[hpenryessentials]

eBay was just involved in a major lawsuit in April of 2020 when their own collection agency and a non-eBay user sued them for giving ICS completely inaccurate user metrics. The collections company ICS called a "seller" from lists that eBay provided them to try to collect on a past due selling account despite the person never having an eBay account or providing their phone number to eBay and not consenting to receiving phone calls to their personal cell phone (which eBay magically had the number to). 😂

He won. 

Michael Reid v. I.C. System, Inc., Court File No. 12-cv-02661-ROS

[hpenryessentials]

These mean absolutely nothing.

[jack_bucks_ghost]

evidently you can sue ebay--in the UK

https://www.theguardian.com/money/2014/feb/17/ebay-goes-wrong-debt-collectors

[kensgiftshop]

Come back and let us know how it goes.

[luckythewinner]

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@jack_bucks_ghost wrote:

evidently you can sue ebay--in the UK

https://www.theguardian.com/money/2014/feb/17/ebay-goes-wrong-debt-collectors

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"this article is more that 7 years old"

That aside ...

Of course you can sue eBay. eBay's user agreement can't stop you from filing a lawsuit.

[jack_bucks_ghost]

@luckythewinner 

lol...yeah, i didn't even notice that...i bet that case motivated a few tweaks to the UK user agreement

[inhawaii]

I must revise my post:

Sellers who came on these boards threatening to sue ebay:  22,912

Sellers who actually sued ebay:  0  1

[fab_finds4u]

Your word against his word. You sent it but the package could have been rifled or the buyer just knows how to get free items by claiming empty package.  How would you like to be the seller that had to refund $28,300 to a buyer that returned an emlty box instead of the Rolex watch the seller sold?  Refunds happen.  Bad buyers happen.

I'm sorry to say this but don't sell something here you're  not willing to lose.

[4stringfiddle]

Not sure what you were shipping service you used but I'm pretty sure the shipping company you shipped through would be able to tell you the actual weight.,, then you might have a case to appeal. If not you're probably SOL

[cad777864]

Had you come here before the case closed.  I could have helped you.  I don't know what service you used, had it been USPS, you could get the scan photo of this item, if it was valuable, the signature photo, the sig photo of insured, then you also file a police report at your police station for Postal fraud and with the PO.

There is lots of things that can be done to fight.  Those who say roll over and take it, have no knowledge of the things you can do.  And win.