eBay Class Action Billing Suit Updates

[xppman]

I had a few cents here and there that did NOT compute as well.
I think most of mine bounced back. But not sure.

Oh well just another reason not to trust ebay.

[amy]

[quote author=wayoutwest link=topic=389.msg11695#msg11695 date=1143856982]
nice to see the improper rounding being included in the suit.  I noticed some improper rounding on my acct also back then and feel confident that they did it to everyone.

[/quote]

Those fractional pennies add up quickly when a company is rounding up on a million or more invoices...

[wayoutwest]

[quote author=amy link=topic=389.msg11701#msg11701 date=1143861663]
Those fractional pennies add up quickly when a company is rounding up on a million or more invoices...
[/quote]That was my thoughts too at the time; all those extra pennies is easily paying for at least one persons salary.  I just didnt feel like fighting with the idiots at ebay over a few pennies, which is what they counted on, i'm sure. 

my thoughts about how an ebay meeting probably went
suit1 - "hey, lets make some extra $ by using improper rounding"
suit2 - "but wouldnt people notice and dispute it?  not to mention the fact that it's just wrong"
suit1 - "as difficult as we've made it for people to get anywhere with customer support, do you really think they'll get anywhere when they dispute it?  and how many people do you think will expend all that energy over a few pennies?"
suit3 - "great idea! let's do it!"
note: suit2 was subsequently termed for being a troublemaker

[bargainbloodhound]

I just didnt feel like fighting with the idiots at ebay over a few pennies, which is what they counted on, i'm sure. 

Exactly.

[Anita]

The lawsuit link is no longer valid.

[regic]

eBay 10Q SEC Filing

In July 2004, a purported class action lawsuit was filed by two eBay users in Superior Court of the State of California, County of Santa Clara (No. 104CV022708) alleging that eBay engaged in improper billing practices as the result of problems with the rollout of a new billing software system in the second and third quarters of 2004. The lawsuit sought damages and injunctive relief. An amended complaint was filed in January 2005, dropping one plaintiff, changing the capacity of the other plaintiff to that of representative plaintiff, and adding seven additional eBay users as plaintiffs. The amended complaint expanded its claim to include numerous alleged improper billing practices from September 2003 until the present. In February 2005, eBay filed a motion to strike and a demurrer seeking to dismiss the complaint. In April 2005, the court sustained portions of the demurrer, but granted the plaintiffs leave to amend their complaint. The plaintiffs filed a second amended complaint, dropping the last original plaintiff and again adding new plaintiffs. We filed a motion to strike and a demurrer regarding the plaintiffs’ second amended complaint. In July 2005, the court again sustained a portion of the demurrer and again granted the plaintiffs leave to amend their complaint, and the plaintiffs filed a third amended complaint. In December 2005, the plaintiffs filed a fourth amended complaint, dropping several plaintiffs. In April 2006, the court approved a settlement agreement entered into by the parties. Under the terms of the settlement, the plaintiffs agreed to dismiss the lawsuit and release eBay from all claims, and eBay agreed to make a $250,000 payment primarily directed to charity. The estimated settlement was accrued in our consolidated income statement for the three months ended March 31, 2006.

Auctionbytes:

Fazio said eBay's over-billing was only one aspect of the case. The lawsuit also included a claim for fair procedure, the purpose of which was to obtain for sellers the right to receive notice and the opportunity to be heard before eBay could shut down their businesses. Fazio said, "In other words, we sought to prevent eBay from arbitrarily terminating sellers' membership, on which many rely as a major - or even a sole - source of their income."

However, the judge made it impossible to pursue that claim as a class action, because each seller would have to demonstrate their right to fair procedure by going into the details of their finances, according to Fazio.

"The effect of that ruling made it virtually impossible to prosecute the claim as a class action, because it would require an examination of each and every class member's tax records and other financial information. Not only would such an individuated examination destroy the ability to proceed with the claims as a class action, the ruling would have forced each eBay seller to disclose personal and confidential financial records, and it could actually dissuade people from stepping forward to serve as a representatives in other cases."

"For that reason, as well as several others, we decided to dismiss the case," Fazio said. The parties have settled the lawsuit on an individual basis - not as a class action - therefore, all sellers (other than the individuals who were named plaintiffs in the case being settled) are free to pursue legal action against eBay, as individuals or as a class of sellers...

full article: http://auctionbytes.com/cab/abn/y06/m04/i25/s00

[dimucci]

Ebay's lawyers are total bastards.  >

[bargainbloodhound]

[quote author=dimucci link=topic=389.msg13015#msg13015 date=1146010125]
Ebay's lawyers are total bastards.  >
[/quote]

When eBay knows the other side has a winning case it pulls every trick in the book to drag the trial out for as long as possible hoping the other side will eventually get sick of fighting (or run out of money to pay their lawyers) and agree to settle or drop the case.  In most cases over the years that strategy has worked for eBay.  It did this time.

[iron_chick]

Just my two cents . . . eBay loves class actions because they just have to defend one suit.  And, as BBH said, they can wait and spend most folks out.

I would LOVE to see a couple thousand sellers all file suit against eBay in their local small claims court . . . on the same day.

As an aside, eBay just *withdrew* their registered agent from the state of Georgia.  However, they are maintaining the RA for the realty business.

EBAY INC. (FOREIGN PROFIT) Officers
2145 HAMILTON AVE
SAN JOSE, CA 95125
Control # Status Filing Date Last AR Paid Jurisdiction
0007302
WITHDRAWN (FOREIGN)
02/10/2000
04/02/2006
DELAWARE
Registered Agent Agent Address Agent County
WITHDREW 4-11-2006

, GA
NOT ON FILE

EBAY REAL ESTATE INC. (FOREIGN PROFIT) Officers
2145 HAMILTON AVE
SAN JOSE, CA 95125
Control # Status Filing Date Last AR Paid Jurisdiction
0209482
ACTIVE/COMPLIANCE
02/22/2002
02/15/2006
DELAWARE
Registered Agent Agent Address Agent County
NATIONAL REGISTERED AGENTS, IN
3761 VENTURE DRIVE
DULUTH, GA 30096
GWINNETT

[xppman]

Just goes to show you in our modern times there is
only one way to beat a giant like ebay.

Simply close your wallet before you get screwed.

The  mileyazwipe:
over at feebays boards. (you know who they are).

Call me a hypocrite because I still use the service.
Still haven't been burnt and wont get burnt either.

I never said I didn't use the service I was just vocal about
how I and others felt the service was being run into the ground by ebay.

As you can see.. It is worst now than before ebay bought them out.

Ironically.
I have only had 5 PayPal paid orders this month so far for a total of 166.00

My merchant account on the hand, has handled in access of 2000.00

It's true what BBH says.
Once you out of ebay. PP is not even a blip on the rest of the worlds computer screens.

I think the trend will continue downward for the bay and I hope more will wake up
and close their wallets or significantly reduce the $$ they pay that group of criminals.

Sorry I'm way

Need some rest... Got lots of work to do in the AM.

God I hate ebay.