Can I file a lawsuit against ebay in My state?

Business 1 views 3 answers
I have been kicked off selling on ebay due to Lies and unjust feedback. I have contested this feedback under ebay's feedback policy that it is extortion,"demanding services or items not included in original auction and retaliation, for filing non paying bidder complaint. I have provided ebay with proof of my claims and they not only ignore them but the buyer gets his unpaid item strike removed and I get suspended from selling. I have been selling on ebay since 1998 and this is my only source of income with the one way feedback system they instituted sellers are being black mailed left and right and nothing is being done. I had 100 percent positive feedback until the new system. I need help. There has got to be some way of stopping them. And please don't tell me to sell elsewhere. NO money.

Attorney Answers

3
Jonathan Levy ·
Ebay has been the subject of a number of lawsuits for similar issues. Keep in mind suing Ebay is a formidable task due to their ultra deep pockets to pay for legal defense. Ebay Sellers are often large enterprises so you are correct, Ebay can definitely destroy a thriving business with a suspension. If you are interested in a consultation contact me at: [email protected] 1-202-318-2406
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Jonathan Levy ·
Sorry, I forgot to answer your main question. You could try to sue in your state however your ebay TOS likely specificies where a lawsuit can be brought. There may be exceptions however.
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
As you've been advised, you need to comply witheBay's terms of use (linked below) to see where and how they deal wtih dispute resolution, which, as a user of their service, you've agreed to comply with. You must sue them in santa Clara. CA courts, or use arbitration. They limit their liability to i"the greater of (a) the total fees you paid to them in the 12 months prior to the action giving rise to the liability, and (b) $100." Disclaimer: Please note that this answer does not constitute legal advice, and should not 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. This answer does not create an attorney-client relationship.
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