Can I sue eBay inc. for restricting my Account.

Attorney answers (2)

1. Licensed in CA

   

   Kelly L Lynch

   San Francisco Lawsuit / Dispute Attorney

   Contributor Level 8

   Answered June 16, 2011 10:06. You should start by re-reading the "Terms of Use" and any other agreements you "clicked" on when signing up to establish your eBay store. If eBay has breached those agreements, then you may sue for the damages you can prove due to eBay breaching the contract. Often these types of agreements have restrictions on where you can file suit and whether you can get attorneys fees and costs if you win.
   
   Once you review the contract(s) and see if there is a forum clause for where you can sue, then you may want to consult with an attorney in that state to get specifics as to your situation.

   It is impossible to give comprehensive legal advice in a public forum no matter how well researched. That is why I... moreIt is impossible to give comprehensive legal advice in a public forum no matter how well researched. That is why I only give general legal information in response to this type of public question or comment. Before relying on any information given in response to your question or comment, contact a licensed attorney in your state to discuss your particular situation. I am only licensed to practice law in California. less

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2. Licensed in CA

   

   Pamela Koslyn

   Los Angeles Business Attorney

   Contributor Level 20

   Answered June 17, 2011 14:38. No. eBay acts like a public utility, and they don't guarantee that their service of hosting your sales will be reliable and wn't have operational glitches like this, or that the internet will allow your customers access all the time, or that you'll be able to successfully sell your products, and they therefore limit their liability to users accordingly and don't allow suits for claimed lost profits. Read eBay's limitations of liability section of their User Agreement:
   http://pages.ebay.com/help/policies/user-agreem...
   
   Further, as my colleague has correctly pointed out, they also have terms of use that users agree to by using eBay that require lawsuits to be brought in a certain court, in Santa Clara, CA, or arbitrated. See Legal Disputes on the same page listed above.

   PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... morePLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. less

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