Suing eBay Inc.

Update : I also asked this question on eBay forums and got lots of great helpful response. http://forums.ebay.com/db2/thread.jspa?threadID=1000709503&tstart=0&mod=1212048520699

Hello friends,

I live in Ohio (USA). I need to know what you guys think about this. I was wondering if I could sue eBay Inc. What happened is that, they have messed up my eBay profile, which took me almost 3 years to build. I had a 100% feedback from a total of 171 feedback ratings with no negative feedbacks ever.

Now all the sudden, my feedback ratings changed from 100% to 98.4% (and for the fact 98.4% was considered to be a poor seller prior to eBay's feedback changes.) This happened because they just recently introduced their new feedback policy on May 14,2008. Under this new policy neutral feedbacks do take your percentage down. But the catch here is that this new policy was never their before May 14, 2008. I received this neutral feedback back in January 2, 2008, when they had the their old policy, in which neutral feedback could not take your feedback ratings percentage down.

So in simple words .... That neutral feedback must be calculated under the policy that was their in January, 2008, which was their "old feedback policy" , since that feedback was received in the month of January NOT May.

Now I know this might of happened to lots of other eBay sellers, but most of them do not have 100% feedback anyway so I do not think they would care a lot, but those like me who had a perfect hard working 100% feedback would also be very angry and disappointed with eBay. But the only difference between me and lot of other angry and disappointed people is that, I would like to turn my anger into a law suit.

So the bottom line is that I am a US citizen , and I would like to know if I could sue eBay Inc. and win the case. I would probably hire a good lawyer if I have a good chance of wining the dispute. Please guys let me know what you guys think about this, I would really appreciate any amount of advise that you guys can give me.

THANKS !!!!!
Ravi

What discrimination?

It is difficult to understand you over the phone?

My mother is from Belgium, has lived in the US for the past 60 years and still has a strong accent that makes it difficult to understand her over the phone.

And what's the big deal about the 98.4% rating?

eBay changed the way they figure the feedback and percentages, The change resulted in an increase in the feedback for most folks but also includes neutral feedbacks in figuring the feedback percentage. Go to your feedback profile and there is a mouse over on how the feedback profile is now figured. My feedback percentage changed too just like you and a whole lot others. There is nothing you can do about it.

Gail in Georgia said:

What discrimination?

It is difficult to understand you over the phone?

My mother is from Belgium, has lived in the US for the past 60 years and still has a strong accent that makes it difficult to understand her over the phone.

And what's the big deal about the 98.4% rating?

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98.4% was considered to be a poor seller prior to eBay's feedback changes.

TheGeekess said:

98.4% was considered to be a poor seller prior to eBay's feedback changes.

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And of course, the 'geekess' is full of crap. LOTS of people have no problem dealing with a 98.4% approval rating.

You can sue eBay - you will have to travel to Santa Clara County, CA. (I've included info below).
With that said - even if you DO sue - what are your provable damages? None.


Here are two sections of the user agreement dealing with "suing" eBay:

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Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
#

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

JETX said:

And of course, the 'geekess' is full of crap. LOTS of people have no problem dealing with a 98.4% approval rating.

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I agree - I look at what the feedbacks actually say.

JETX said:

And of course, the 'geekess' is full of crap. LOTS of people have no problem dealing with a 98.4% approval rating.

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If you say so.

What I stated is the opinion of many sellers that I correspond with regularly in a different venue. As a buyer, I tend to check feedback carefully before I buy something if the seller's rating is below 99%, to see if it is the buyers or the seller of that product that tends to have the issues. But what do I know about eBay? I've only been using it since '98, with over 400 successful transactions.

TheGeekess said:

What I stated is the opinion of many sellers that I correspond with regularly in a different venue.

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And 110 percent of the 'ebay buyers' that I correspond with on another venue say that your statement is still crap.

As a buyer, I tend to check feedback carefully before I buy something if the seller's rating is below 99%, to see if it is the buyers or the seller of that product that tends to have the issues.

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Of course, you have the right to determine what 'rating' makes you feel comfortable...

But what do I know about eBay? I've only been using it since '98, with over 400 successful transactions.

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Just a young pup. eBay started Sep 1995... and I have been with eBay since Sep 1996. Currently have in excess of 800 positives... and yep, even a few 'crap' negatives (usually in response to my negative to bad sellers).

Zigner said:

You can sue eBay - you will have to travel to Santa Clara County, CA. (I've included info below).
With that said - even if you DO sue - what are your provable damages? None.

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hey bro, thx a lot for replying, u r right I do not have any damages. But then can I sue them for what they did, for their policy. They are suppose to use their old feedback policy for calculating feedbacks left before May14,2008 but they did not, so they screw up. Can I use them for violating their own policy ?

tiger205543 said:

hey bro, thx a lot for replying, u r right I do not have any damages. But then can I sue them for what they did, for their policy. They are suppose to use their old feedback policy for calculating feedbacks left before May14,2008 but they did not, so they screw up. Can I use them for violating their own policy ?

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Sue them for what? You have no damages, thus you cannot recover any money. If you don't like their policies, go somewhere else.

tiger205543 said:

hey bro, thx a lot for replying, u r right I do not have any damages. But then can I sue them for what they did, for their policy. They are suppose to use their old feedback policy for calculating feedbacks left before May14,2008 but they did not, so they screw up. Can I use them for violating their own policy ?

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Where does it say that? The policy I read states that the new feedback policy will apply to all feedback left the previous 12 months.