robertaross
Junior Member
What is the name of your state (only U.S. law)? FL
I have been an eBay seller for ten years. In the last few years I have been a Gold PowerSeller. In the last year I was a Platinum Powerseller for awhile. The Powerseller category on eBay was around since the beginning and was instrumental for many sellers.
In the last batch of unilateral changes to the eBay policies, eBay did away with Powersellers visibility and made several other substantial changes (October 09). They have often done this before, radically impacting sellers who rely on them, usually negatively. In the past in the past I recovered from the changes but not this time - they have almost put me out of business. The credibility my Powerseller status gave me is no longer visible to the public, instead a questionable new program called the Top Rated Seller at set the bar so high it is hard to get in or stay in. This new program also makes it impossible for me to successfully use the marketing strategy I have been using on eBay. I used to rely heavily on featured listings, which now you have to be a top rated seller to buy. Trying to find a way around it hasn't worked, and inflated my eBay fees so that I couldn't make any profit. The TRS program gives such an incredible competitive advantage to whomever gets that status that it is unfair to everyone else.
So I have been thinking about suing eBay. Now I know the theory that it is their game and they make the rules - but I also believe there is another way to look at it. eBay has become so large it has spawned a new industry - and millions of sellers now rely on eBay for all or part of their income. So I believe they have a responsibility to sellers above and beyond their stated policies due to their undue influence in the marketplace they created. They now have a sort of invisible social contract in addition to the written policies you agree to when you sign up.
They now have the ability to put a small business out of business, like they are now doing to me, by their reckless disregard for the impact and influence of their policy changes on sellers. Its a bit like the concept of a warranty of habitability in real estate law, where the landlord has responsibilities that are not stated in black and white on the lease. Ebay has a responsibility to its sellers since they now have an undue influence. Anyway, that is my theory. Any thoughts would be appreciated. If this pans out I would like to consider either suing them myself or a class action lawsuit - millions of sellers would join! Ebay needs to be forced to take responsibility for the effect its action have on sellers that rely on them! They can't just decide unilaterally one day to change something that has been the same for over a decade, that people have come to trust and rely upon, in order to meet some undisclosed business objective that completely changes the landscape overnight putting people like me out of business. It is not just unfair it is unethical. I am not saying they cannot grow and expand or adapt to changing economic times, they just have to give it more consideration, allow seller to have input, test carefully and make sure they are not doing something that has negative impacts. You can't even sneeze on a wetlands without considering the impact on the environment - so there has to be some legal concepts about responsibility, negligence, undue influence, reckless disregard, etc. that can be used to force them to understand and accept their responsibilities and prevent them from making unilateral changes just because they think it will give them a few cents more profit somewhere. What do you think?What is the name of your state (only U.S. law)?
I have been an eBay seller for ten years. In the last few years I have been a Gold PowerSeller. In the last year I was a Platinum Powerseller for awhile. The Powerseller category on eBay was around since the beginning and was instrumental for many sellers.
In the last batch of unilateral changes to the eBay policies, eBay did away with Powersellers visibility and made several other substantial changes (October 09). They have often done this before, radically impacting sellers who rely on them, usually negatively. In the past in the past I recovered from the changes but not this time - they have almost put me out of business. The credibility my Powerseller status gave me is no longer visible to the public, instead a questionable new program called the Top Rated Seller at set the bar so high it is hard to get in or stay in. This new program also makes it impossible for me to successfully use the marketing strategy I have been using on eBay. I used to rely heavily on featured listings, which now you have to be a top rated seller to buy. Trying to find a way around it hasn't worked, and inflated my eBay fees so that I couldn't make any profit. The TRS program gives such an incredible competitive advantage to whomever gets that status that it is unfair to everyone else.
So I have been thinking about suing eBay. Now I know the theory that it is their game and they make the rules - but I also believe there is another way to look at it. eBay has become so large it has spawned a new industry - and millions of sellers now rely on eBay for all or part of their income. So I believe they have a responsibility to sellers above and beyond their stated policies due to their undue influence in the marketplace they created. They now have a sort of invisible social contract in addition to the written policies you agree to when you sign up.
They now have the ability to put a small business out of business, like they are now doing to me, by their reckless disregard for the impact and influence of their policy changes on sellers. Its a bit like the concept of a warranty of habitability in real estate law, where the landlord has responsibilities that are not stated in black and white on the lease. Ebay has a responsibility to its sellers since they now have an undue influence. Anyway, that is my theory. Any thoughts would be appreciated. If this pans out I would like to consider either suing them myself or a class action lawsuit - millions of sellers would join! Ebay needs to be forced to take responsibility for the effect its action have on sellers that rely on them! They can't just decide unilaterally one day to change something that has been the same for over a decade, that people have come to trust and rely upon, in order to meet some undisclosed business objective that completely changes the landscape overnight putting people like me out of business. It is not just unfair it is unethical. I am not saying they cannot grow and expand or adapt to changing economic times, they just have to give it more consideration, allow seller to have input, test carefully and make sure they are not doing something that has negative impacts. You can't even sneeze on a wetlands without considering the impact on the environment - so there has to be some legal concepts about responsibility, negligence, undue influence, reckless disregard, etc. that can be used to force them to understand and accept their responsibilities and prevent them from making unilateral changes just because they think it will give them a few cents more profit somewhere. What do you think?What is the name of your state (only U.S. law)?