1. Not allowing sellers to leave negative feedback to a buyer. Sellers must leave positive feedbacks to buyers. It is ridiculous! Nowadays, more and more scammers on eBay and even feedback to warn other sellers beware of the buyer/scammer are not allowed!
2. Take the buyers' side without any brain. You can buy anything and return it no matter the seller accepting returns or not, as long as you select the return reason "item not as described" and give any made-up excuse. eBay will always force the seller to pay for the return shipping and fully refund you. If the seller did not provide return shipping label, eBay will fully refund you with you keep the item. And also count this case into seller's defect transaction and after the defect transaction rate is more than 0.3%, increase the seller final value fee of everything by 4%. eBay's seller protection is almost a joke. eBay is taking advantage of sellers too much and should be punished!!!
If anyone is willing to sue eBay on behalf of sellers, please count me in. Thanks.
Unfortunately, suing EBay on a class-wide basis is near impossible due to the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion. That decision in 2012 allowed companies like EBay to insert arbitration clauses with class action waivers into their form terms and conditions pages (which you have never read).
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
The first problem you would likely encounter in attempting to bring a class action is that you and every other seller probably agreed to arbitrate any legal claims you may have against eBay, and if there is an arbitration provision in your agreement with eBay, you can rest assured that it contains a class action waiver.
Even if there isn't an arbitration provision, the problems you have you identified would raise numerous individualized issues of fact that are unsuitable for class action treatment. For instance, the way you may have been harmed by eBay not allowing for negative feedback concerning buyers could be very different from other sellers. Moreover, the nature of any harm from not being able to provide negative feedback regarding buyers would be highly speculative.
Likewise, the problem with eBay taking "the buyers' side without any brain," by allowing the buyer to return so long as they select the reason for return "item not as described" suffers from the same types of individualized questions. To begin with, how would one determine on a class wide basis the items that truly were not as described from those for which it's just a convenient excuse?
But please don't take my word for it -- contact a class action lawyer for a consultation. Someone else might have a different take on the case.
Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances. I am licensed to practice law in California, New Jersey and Pennsylvania.
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