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Class Action Suite Against EBAY Holding Funds
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Class Action Suite Against EBAY Holding Funds
Jan 21, 2012 06:32 PM
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Don't know how long EBAY will allow this post before coming up with some policy infraction and taking it down and closing my account, but I have a family member that is a class action lawyer that was successful in suing Alltel for hidden fees. If after review his firm feels a class action suit is warranted would you be willing to explore the option of joining a class action suit againist EBAY and or PayPal for holding your funds from successful auctions or fixed items because of a change downward in seller performance or other policy changes?
You haven't voted yet in this poll -- use the form below to cast a vote.
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(96 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 7, 2012 07:39 AM
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I called customer service this morning and talked to a supervisor from some foreign country. I have paid my Ebay fees and cancelled my listings for Ebay's unfair practices of holding funds for 21 days. I was downgraded below standard for being a powerseller for many years. I had one negative feedback from a customer who did not pay and left me negative feedback and lower seller dashboard ratings. I have sold on Ebay since 1999 and have had thousands of satisfied customers. I suggest other sellers do the same. Ebay needs sellers for buyers and I will not participate in these unfair practices. I will just own my own shop. I hope others will do the same. I AM FINISHED WITH EBAY
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(97 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 7, 2012 01:50 PM
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count me in !!!!! This is much needed.........
The last straw for me was the fees on shipping charges, REALLY ????
This SCREAMS GREED !!!!!!!!!!![]:)](http://b.us-forums.lvwd.net/images/emoticons/devil.gif) 
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(98 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 7, 2012 02:32 PM
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Hello, I copied and pasted the sentence from my listing, and my understanding was that the "receiving cleared payment" meant the cleared payment from the buyer to myself, so that I could use the funds to ship the goods. I have been on the phone for over an hour today with Paypal and Ebay begging to get the funds released to me so I can buy FOOD. The packages for this listing have been shipped, and my listing specifies no returns, so I expect that my funds should be in my account by now. I have tried the representatives on the phone and only received the repeated 'you won't be paid until 3 days after the buyer receives their goods'. This makes no sense to me on this particular item purchase. Ebay takes their fees out immediately, and keeps my money to profit from without making a timely payment to me. I have a house full of items from my parents' 60 years of marriage, and had planned to use eBay to sell, but now I will use other methods since their practices are unfair, and the following statement in your own shipping instructions states this: Will usually ship within 2 business days of receiving cleared payment
It should say 'after the buyer receives the goods' to be truthful. The way it is stated here, it definitely makes a seller think that they are going to get their money immediately. I understand I am a newer seller, but the fact that I communicated lots with the buyer, and he understood there was no return, should make the funds available to me immediately so I can afford to ship and get the money owed to me. I am livid at eBay and don't plan to use your services any longer. You have made lots of money off of me, but no longer.
Linda
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(99 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 8, 2012 06:57 AM
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As a 10 year user of EBAY; I must say that EBAY is drastically plunging in terms of quality. The absence of quality control is amazing. You can spot thousands of fraudlent listings; manipulated titles; mainly from China. Even more amazing is EBAY doesn't care. Their ITEM reporting automated system does not allow user to report what is happening really. EBAY doesn't care because China sellers are dominating EBAY. I think it is time 4 EBAY to take this problem serously; because serous users are looking 4 other auction site online. I did not mention also the broken English that have enough material to write a comedy book. a seller who used google translation to translate a full text from Chinese to English; which will give you a funny; unrelated words. This is no longer a reliable business site. I would say that any buyer who have respect for himself should leave EBAY.
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(100 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 8, 2012 05:07 PM
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I have just been through Hell for the last 2 months due to ebay and paypal freezing my funds! The first person I had to file a claim to get paid in the first place...then she said the item was a fake and not what the pictures showed (a lie) and wanted her money back. I told her I did not refund shipping (in my listing) and to ship the item back in the same condition. She never shipped back the item and then filed a "unauthorized chargeback" with paypal. Well that took over a month but they did side with me. Unauthorized? Please, she paid it. But my account was frozen for over a month!!! The second was an overseas buyer who filed a claim with ebay because they never received their item.. The tracking clearly shows it was mailed the next day (due to ebays new rules for 1 day shipping!) I clearly state in my listings that I am not responsible once an item has shipped but nooo....they filed an ebay protection claim...well ebay protection is not insurance as you may think!! It is seller refunding money and also loosing the product they have sent!!! They take the money from you and not from some backup insurance plan!!! I got an email today stating that they refunded the buyer for the item and took it from my paypal account and it is no longer frozen and my funds are now available for use!!!! Yes out the money and out the item!!! Buyer protection my @@@. Sorry but I am mad. I have been selling since 2003 and it just gets worse and worse. I have not listed anything new for over a month. I am afraid to. I keep paying higher and higher fees to ebay and paypal. You have to list your item for a higher price in order to make a "slight" profit. It is not even worth it anymore. I am a small time seller and used to make enough to offset my kids private school tuition and get the extra things for them that I cannot otherwise afford but now it is too much hassle. I wish there was another site that could compete with them. I am not sure if I will continue selling. All the rules have changed. I am still not over the negative feedback thing: buyers can leave negative but a seller can't! I have had more and more buyers who do not pay and I have to file a case to get paid (IF I DO) You have to wait to see if you will get paid to get your final value fee and then relist and see if your item sells and then wait again to see if you get paid again.....Then you have to ship within 1 day or lose your best match and chance being dinged for shipping...but you still dinged for it...on and on and on....sorry!
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(101 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 9, 2012 06:38 AM
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Add me to the list of sellers who is being held hostage by Paypal and eBay! I have a 388 feedback score w/ a 100% rating... and they're holding my funds for 21 days? UNACCEPTABLE! I'm in for whatever action against these crooks.
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(102 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 9, 2012 04:53 PM
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What other outlet have you been using? Have you made good sales? I have tried other websites and have not sold one item. I really want to know.
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(103 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 9, 2012 09:25 PM
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Talked to E-Bay customer service today regarding Final Value Fees for shipping and how E-Bay doesn't disclose charging these fees anywhere on the website. The representative stated that upper management knows about this, but haven't decided on an action yet. Seems illegal that you can charge fees and not disclose them. JUST DESPICABLE!!
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(104 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 9, 2012 09:27 PM
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Talked to E-Bay customer service today regarding Final Value Fees for shipping and how E-Bay doesn't disclose charging these fees anywhere on the website. The representative stated that upper management knows about this, but haven't decided on an action yet. Seems illegal that you can charge fees and not disclose them. JUST DESPICABLE!!
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(105 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 9, 2012 10:08 PM
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tambria23 wrote:
Talked to E-Bay customer service today regarding Final Value Fees for shipping and how E-Bay doesn't disclose charging these fees anywhere on the website. The representative stated that upper management knows about this, but haven't decided on an action yet. Seems illegal that you can charge fees and not disclose them. JUST DESPICABLE!!

Welcome To Hollywood, Television, Propaganda and America!
Home of the Great ceo, Hollywood Donahoe: Ebay hehehehe.......
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(106 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 16, 2012 03:38 PM
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Looks like we need to get one going in Florida as well. eBay/PayPal are in breach of Florida Law, 560.208 Conduct of business section 5
(5) Shall, in the normal course of business, ensure that money transmitted is available to the designated recipient within 10 business days after receipt.
http://statutes.laws.com/florida/TitleXXXIII/chapter560/PARTII/560_208
eBay/PayPal polices do not superscede state laws on commerce!
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(107 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 16, 2012 08:47 PM
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Let's see what would happen if Ebay & Paypal start offending the big box stores that are supplying alot of their business now, like Best Buy and more! I am sure that their funds will not be on hold!
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(108 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 29, 2012 06:41 AM
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that is SO not the point and not the way a court would see it. The court willook at the business practice not whether or not a seller "has" to use ebay. get a clue or are you paid by ebay?
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(109 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 29, 2012 06:46 AM
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eBay Must Defend PayPal Monopoly Class Action Lawsuit By Matt O'Donnell
A federal judge has refused to dismiss a class action lawsuit alleging eBay monopolized the market for payment systems used in online auctions. The eBay antitrust class action lawsuit claims the auction site raised fees and shut out payment-system competitors after acquiring PayPal in 2002, and then forced sellers to use PayPal by making it the only viable option. As a result, sellers had no choice but to pay fees to eBay both for listing and selling their products and for using PayPal, the class action lawsuit says. If sellers use a payment method other than PayPal, eBay removes their listing. The class tied the monopolization claims to the continued modification of eBay’s accepted payment policy, which prohibited payments through Google Checkout in 2006, doubled PayPal Buyer Protection in 2007 (which allegedly eliminated buyer protection for non-PayPal transactions), and required sellers to accept electronic payments in 2008. eBay moved to dismiss the claims that the alleged tying between eBay and PayPal harmed competitors, but U.S. District Judge James White denied their motion last week. Judge White ruled that the alleged tying arrangements could have had a significant effect on commerce, and the Plaintiffs’ facts “cross the line from possible to plausible.” Judge White also denied eBay’s motion to strike paragraphs about its acquisition of PayPal in 2002 and of VeriSign in 2005. The class action lawsuit claims the disputed paragraphs "demonstrate the historical progression of the eBay/PayPal business empire, a necessity for later proofs." "Although Plaintiffs do not explain what these later proofs might be, on this record, the Court cannot say that the allegations have no possible bearing on the issues in this litigation," Judge White wrote. The eBay PayPal Monopoly Class Action Lawsuit case is Charlotte Smith, et al. v. eBay Corporation, et al., Case No. 10-cv-03825 JSW, U.S. District Court, Northern District of California.
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(110 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 29, 2012 07:01 AM
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& remember to opt-out, so you won't be stripped of even more rights that ebay has already taken from us!! I have copied & pasted what I received...
"Updated provisions governing how disputes between eBay and eBay users are resolved. The User Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you and eBay to submit claims to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate by November 9, 2012. Unless you opt-out: (1) you will only be permitted to pursue claims against eBay on an individual basis, not as part of any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. Opt-Out Procedure You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice"). For new eBay users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. If you are already a current eBay user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than November 9, 2012 . You must mail the Opt-Out Notice to eBay Inc., c/o National Registered Agents, Inc., 2778 W. Shady Bend Lane, Lehi, UT 84043. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and the user ID(s) and email address(es) associated with the eBay account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us."
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(111 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 29, 2012 07:44 PM
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Me too. I have been a power seller for over 5 years and have sold over 80K on eBay.
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(112 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 30, 2012 12:58 PM
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I'm having a problem that stims from ebay holding funds partially
for I am a victim of joining ebay in the middle of the month so my billing cycle is at the very end of the month "DO NOT JOIN EBAY IN THE MIDDLE OF THE MONTH FOR THEY WILL NOT ALLOW YOU TO CHANGE YOUR BILLING CYCLE" I have contacted them multiple times about changing my billing cycle which ebay does not do for they do not actually try to make their structure realistic for customer use. I have funds waiting tho the item I sold is overseas which I don't mind selling overseas had a pleasant trasnaction tho my money will be avaiable on the 31 I got billed by ebay on the 30th even tho the buyer already recieved the item and left positive feedback weeks ago, so anyone that wants to help let me know and as far as paypal's hidden fees ebay is paypal and they continously add more hidden fees so tell your credit card company to have the transactions go directly through them you never give your credit card number tho alternate number to validate yourself. The credit card company can have the transactions go thorugh your debit card of your bank and there is no need for access fees the credit card company gets more customers and the customers do not get hidden fees works so much better that
paypal is ebay's scam
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(113 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 30, 2012 02:55 PM
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how do you post a comment?
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(114 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Aug 30, 2012 03:02 PM
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Type in your search column of the internet "file a people claim" and file a claim to get your funds they are holding plust INTEREST for the days they're holding them. I've been a power seller for years, have 100% feedback, always have had a good record, and because a couple of people left low dsrs on item not as described - WHICH WAS A LIE - they're holding my money. It's just a little bit of money but it's the PRINCIPLE of the thing. No seller should let them get away with this crookery. They are probobly collecting interest on our money and using any excuse to hold it. I'm done with eBay. I've sold a lot and bought a lot but I will NOT be buying or selling on eBay any longer because I refuse to deal with an unfair unjust rogue outfit such as ebay has become. Used to be good but I think they've lost their minds.
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(115 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Sep 3, 2012 08:48 AM
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My friend I totally agree,I feel the same identical way,I started selling on ebay in 2009 when I lost my construction job of,was in construction 30+ years,ebay started out fine,I thought this was the greatest thing I've ever done,and was wishing I'd did this 10 years ago,now,I don't have enough left after all the fee's,and taxes that go along with it,to replenish my stock so I'm on my way out the door,I'll be closing my store at the end of this billing cycle,I don't have a choice,I was top rated seller for a while until this new set of rules came along,and the one that finally did it in was an item purchased on a Saturday after 12:00 noon,I had the 1 day handling in place on this item,ebay's rule say's I would have had until Monday afternoon to have the label done,okay all this took place,then the same Monday that it shipped the buyer contacted me and wanted to know where his item was,on his end the listing read to be delivered on Monday??????????THE MAIL DON"T RUN ON SUNDAY!!!!!!!!!!!!!!!!!
Another fact that a lot of people don't know is about the US Mail,I don't know when it took place but sometime in the month of Aug. the mail here decided they don't have to stop at your mail box if they're not dropping mail off,even if you flag is up????? No notices,nothing on the new's that I seen to get this info out,ebay hasn't contacted any of it's seller's that I know of about ,it's just a surprise for you!!!!!!!!
Now let's talk about fee's,11% of the first $50,an additional 6% for all over $50.01 up to $1000.00,then another 2% fee's on anything $1000.01 or more,then another 2.75% fee's from pay pal,then 9% on shipping,some states have a sales tax of an additional 10%,insertion fee's,store fee's,where do the fee's end????
I do my best to work with all my customer's if they need a little time to pay as long as they contact me,
if I have an agreement to wait on payment I don't need ebay to send that buyer an unpaid item reminder,this looks bad on me because I gave him my word this wouldn't happen,but ebay has taken this into their own hands,then when I do need an unpaid item reminder sent I cant do it,I'm not allowed,ebay does this for me,it's for my own good??????????
I can't warn another seller of a bad buyer,all I can leave is praise for him,so the next seller can do the same when the guy takes days or weeks to pay
I've even seen comment's on other blogs about how a buyer was taunting a seller with this message," Now you've sent me an invoice,and I can take my time to pay",
Anyway,I"M IN!!!!!!!!!
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(116 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Sep 3, 2012 09:21 AM
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Oh,one last thing,if you have a small business, yo you you you didn't build that,some one else helped you to build that business,
these words ring out across the country to all small business',
Vote your heart in November,things will only get worse if we stay this coarse
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(117 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Sep 3, 2012 11:38 PM
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Empty Chair Day

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(118 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Sep 7, 2012 06:22 PM
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eBay tends to forget that some of us are specialty sellers. eBay no longer protects the rights of the sellers at all. I sell high dollar collectible items(reborn dolls) and I have a really difficult time even selling on eBay. I will list the doll, let it run its course, get very few views(which I find very odd for a 10 day auction) and then when it doesn't sell, I'm told to relist. If I don't relist, I have to pay the fees. If I do relist and I change my auction, I have to pay. If I relist and I don't change my auction, I still pay. Since eBay does not protect the seller at all, if I do sell to someone who chooses to defraud me, I'm out of hundreds of dollars. It hasn't happened to me yet, but its happened to a lot of other people. Someone bids on and wins a doll, pays with a credit card, doll is shipped and received, postiive feedback left, in some cases, then suddenly here comes the chargeback! Mind you, they don't return the doll to the seller but the seller has to return the money. How is this fair? It isn't. I try not to use eBay for my sales but, to be fair, they have the higest exposure to the masses than any other site. So, I get desperate and list. My last sale, I figured out between eBay and PayPal, I am paying over 12% in fees. That is absolutely ridiculous. The items I sell takes a long time to create. Sure, some people make them very fast and sell fast, but I'm the type of artist who believes in taking the time necessary to do the best job possible so I'm lucky if I get one listed a month, sometimes longer. So because of this, I could not come up with 25 US sales totalling over $250 every 90 days and they keep my money. Why do they keep my money? I'm a proven seller. It doesn't take that many sales to know if I ship items out I sell. So because of this, I'd have to restrict my international sales causing me to lose more exposure and more sales because there's simply no way I could afford to ship overseas out of my own pocket because eBay and PayPal have chosen to keep the money until its received. Oh, and I take the risk of never receiving the money because selling internationally is not covered in Seller Protection! Well, I only list on eBay now when I need the exposure(but even this isn't guaranteed) Otherwise, you can find me on etsy under this same username.
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(119 of 248)
Re: Class Action Suite Against EBAY Holding Funds
Sep 11, 2012 02:15 PM
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I hate ebay. Someone used my name to make accounts 3 of them in total. I paid over $400 dollars to have my account reactivated and every day i call in they tell me 24-72 hours i called friday they say 24-72 hours i call tues 24-72 hours, and how do you have a risk management team that has no phone number? GET REAL EBAY. ITS TIME THAT YOU ARE TAKEN DOWN A NOTCH
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