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eBay Legal or Illegal 2/1/2012 Outage

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Spencergo

Junior Member
What is the name of your state (only U.S. law)? PA
What is the name of your state (only U.S. law)? PA
I am posting the terms of agreement first.

Here is the part of the user agreement that EBay published as the terms.

"Hard outage of two hours or more

In the event of a hard outage of two hours or more, eBay automatically extends listings for 24 hours. eBay also automatically credits all associated fees for affected listings. The following listings will be eligible for extension and credit:
Any listing scheduled to end during the outage
Any listing scheduled to end in the hour after the end of the outage
Additionally, credit will be issued for the 10-cent Promotional Fee on any 10-day listing that is running during the outage (regardless of the time it's scheduled to end). This includes either one or all of the following features:
Item pages
Bidding"

On 2/1/2012 there was a SEVEN hour period where many EBay users were unable to sign in to their accounts... they received error messages stating that their passwords were not correct. This glitch prevented those users from all parts of EBay including listing, bidding , receiving payments from sales, making payments for sales, communicating with users and so on. It screwed up outside sniping services that demanded new user information as they were getting errors as well.

I have several concerns. As an auctioneer there are laws in place in at least 14 States concerning BID DISCRIMINATION..bid discrimination occurs when a party that is registered to bid in a public auction is barred from the bidding. An auction company can not exercise bids for some that register for an auction and refuse or ignore the bids of others.

my first concern is that EBay conducted business in a manner that is unlawful and that the auctions conducted we discriminatory by only allowing some members to participate. those that were not permitted to sign into the site to bid were damaged.

My second concern is for the sellers of items that ended within the seven hour period of time. they were hurt as sellers because the normal amount of bidding did not take place therefore the prices were much lower than they should have been because so many that would have bid were boxed out of the system.

Under the EBay policy the auctions should have been extended for 24 hours to protect the interest of both buyers and sellers but someone decided that by not extending these auctions EBay would save a great deal of money as they would not have to reimburse fees.

Is a class action in order as this involves as much as 30,000,000 in auction proceeds during this period of time?

Are both parties buyer and seller hurt by EBay refusing to follow it's own policy that is written in the user agreement?

Is it legal to block some from bidding while allowing others to bid even though all parties concerned are registered to bid on the system.

I see this as discriminatory. I already know in some states it is illegal but what about online. Do the individual State laws come into play here?

I am interested in online situations that require legal interpretation as many of these large Companies get away with things that to me seem unethical, and illegal. any comments would be helpful and I am willing to produce evidence that EBay knowingly violated their own policy. I have printed and filed records of this 7 hour period that will prove a huge number of users were effected by this.What is the name of your state (only U.S. law)?
 



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