Ebay seller will not provide item and refuses refund

[Bounder]

What is the name of your state? California

I purchased an item (non tangible goods) i.e. a membership to a gaming community. After the purchase was completed and payment had been made the sell informed me that the account was no longer available and refuses to refund my payment.

I read through Paypal and Ebays protection policy and they will only cover tangible goods...

I have still filed with Paypal and Ebay but expect no refund or protection from either..

This means I am out $296.00

My only recourse will be civil action? The seller lives in Florida, my understanding is that I can file in my state and county based on the fact that the item was advertised for sale in my state and county without reservation of sale.

my question is: are my assumptions of venue correct with the following sighted
28 U.S.C. 1391b and c or 15 U.S.C 1121 and 1125 a and U.S.C 1331, 1338a 1338b 1367

i.e. can I force the defendant to appear in my venue due to the fact that the sale was made over the Internet and advertised as selling in my district?

Also are there any other ways to pursue this in a legal matter that would force the seller to pay back the money I am owed? fraud? etc?

Any and all help welcome

 

[racer72]

My only recourse will be civil action? The seller lives in Florida, my understanding is that I can file in my state and county based on the fact that the item was advertised for sale in my state and county without reservation of sale.

You can but you California judgment is worthless in Florida. And it is highly unlikely the seller has any property in California.

i.e. can I force the defendant to appear in my venue due to the fact that the sale was made over the Internet and advertised as selling in my district?

Nope, California has no jurisdiction over a Florida resident, especially in civil matters. And you are wrong about your internet and advertising in your area. Courts, state and federal, have ruled that advertising on the internet is not considered to be targeted at a specific area because of the nature of the internet. Folks have been using laws that apply to print and television advertising and trying to apply them to the internet. There is a reason it is called the World Wide Web. Commercial satellite radio is now dealing with some of the same issues.

Also are there any other ways to pursue this in a legal matter that would force the seller to pay back the money I am owed? fraud? etc?

You can notify the local police department of the seller and the attorney general of the state of Florida. But for $300, don't expect any of them to jump on a bandwagon and fight for you. Till the feds find a way to deal with the types of problems you and millions others are having without interfering with states rights, you don't really have too many options.

 

[shortbus]

You can but you California judgment is worthless in Florida. And it is highly unlikely the seller has any property in California.

I agree the OP won't be able to sue this person in California court;

however, a judgment in one state against a party is valid anywhere in the country under the full faith & credit clause.