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Ebay - caught?

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JoeArizona

Junior Member
What is the name of your state? Arizona
Hi,
I believe I have eBay dead in the wrong through chat sessions I have had with them.
How do I/we prosecute them?

1. They admitted that a User Account was compromised by a third party and they
continue to allow the user account to post listings for bait in an off eBay
site scam. They will not post any negative feedback on this user account
either.
2. They told me that it was ok to use a criminal’s web site to conduct eBay
business.


I have it all in chat sessions and I even called them to have the listing
removed and they said they would (after telling them the user account just
had a listing pulled last week), and I still see the listing.

No Law enforcement agency will take the complaint other then the ic3 web
site to which I completed the complaint last week and still have not been
contacted.

eBay for the past month has helped these criminals scam folks out of
thousands maybe millions of dollars and I would like to know if I have a legitimate case.

thank you for your time!!!What is the name of your state?
 


JoeArizona

Junior Member
My personal mental anguish damages are growing by the day knowing that eBay is participating in illegal actives and everything that I have done so far has not been able to stop them, let alone stop them in a timely manner. I have many contacts with eBay documented.

Money wise it is $3200.

But in my mind and many others minds they are criminals at this point helping other criminals. What can we get for that? All’s I want is for this to stop and stop now, thus what can we get for that comment as it will take a lot for eBay to change their ways. eBay needs to shutdown the user account and or put negative feedback on them, put more warnings up where the users look and attempt to shut down the site that is using their name and log to which eBay personal say is a real site and feel safe when using it…
 

moburkes

Senior Member
Why are you so stuck on negative feedback? Negative feedback occurs between a buyer and a seller. Where have you seen ebay leave negative feedback?

from the ebay User Agreement:
Liability
You will not hold eBay responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

...
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

...
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

...
Resolution of Disputes
If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

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.

Improperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up to $1000, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
 
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JoeArizona

Junior Member
I'm stuck on the whole thing happing, but on the negitive feedback becase the fake ebay site links back to eBay site for seller ratings/feedback. If there would have been a posting by eBay that the account was compromised I would have seen the warning. The warnings in the correct places...

FAKE eBAY Site URL FOLLOWING - LOOK, BUT DO NOT USE
http://cgi.ebay.com.ebaymotors.itemz6848xlhz005private6315rdz1cmd.odapi.com/ssl1/eBayISAPI.dll.php?ShowPage=Item&item=184632436392

Yes that is a bogus site and eBay told me I can use it and be feel safe about using it. (I have the conversation captured thru chat)
 

JoeArizona

Junior Member
I expect to be protected from the elements of the environment when shopping.

I also know that they know that http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=lrivera1960 account has been compromised.

I know that for sure know as the listing that for 100% sure now as the second listing this account posted was just removed. I have the print outs of the listing as of 3 hours ago and now the listing is gone.

In this case they also need to remove the user account and or put negitive feedback on it as the scammers are relying on the real eBay site to give thier prey a sense of security when the prey views the feedback.

In this case eBay is 100% in the wrong in my and many others minds.
 

moburkes

Senior Member
1. Show me where ebay leaves feedback for even one single transaction.
2. You asked for the listing to be removed, and it has been removed. What is the problem, now?
3. What part of their user agreement are they violating?
4. What part of their user agreement did you not agree to when you joined ebay?
5. What the heck does this mean?
I expect to be protected from the elements of the environment when shopping.
6. If you are unhappy with ebay, then do not use their website.

You say that you were scammed. How did you pay for the transaction?
 

JoeArizona

Junior Member
1. Show me where ebay leaves feedback for even one single transaction.
[Joe] I'm not thinking this would not be a single transaction feedback, but on the feedback review it would have a warning on it that would tell the community that it is raining out side and if you don't want to get wet don't do business with this person.

2. You asked for the listing to be removed, and it has been removed. What is the problem, now?[Joe] I asked that the previous listing be removed also and it was. Then eBay allowed them to put up another listing and then had to remove that listing.

3. What part of their user agreement are they violating? [Joe] Welfare of its customers? I don't know. You tell me? They are violating something by telling be to use a fake ebay site and allowing folks to contact a spoofed account

4. What part of their user agreement did you not agree to when you joined ebay?[Joe] None as long as eBay does what they can to stop crime. And in this case it is very very simple. Remove the users account.

5. What the heck does this mean?
---Quote---
I expect to be protected from the elements of the environment when shopping.
---End Quote---
[Joe] That means a company has a duty to provide a safe environment when shopping.

6. If you are unhappy with ebay, then do not use their website.
[Joe] I am unhappy, and I probably will never use the web site again, but that is not the point at this time. The point is that in this case they need to do the right thing right. You can not always look the other way when things are not right.

You say that you were scammed. How did you pay for the transaction?[Joe] Through the FAKE web site that an eBAY rep said was safe to use.
 

moburkes

Senior Member
1.Ebay is a middleman. Period. You chose to do business with the seller. Ebay did not force you to.
2. So? What is the problem?
3. What was the feedback of the buyer before you did business with them? What is your feedback on ebay? Ebay did not violate its user agreement. They did not breach a contract with you.
4. What is ebay's responsibility to you that they are required to "stop crime"?
5. Ebay provides a safe environment that millions of people use daily. Not everone enjoys their ebay experience. I've enjoyed mine so far.
6. How did you pay means check, certified check, money order, paypal, etc?
 

K'Ta

Member
I've read through this thread twice and I still can't tell what in the hell is going on. Can anyone translate?
 

moburkes

Senior Member
Op was fleeced by an unscrupulous seller, and they are now blaming ebay.

OP: anybody can sue anyone for anything. However, the chances of you winning are slim to none. So, i fyou have several thousand dollars, and a lawyer willing to take on your case, and several years, you are more than welcome to sue ebay. Be prepared to explain how they violatetd their terms and conditions as a starting point.
 

fairisfair

Senior Member
http://forums.ebay.com/db1/thread.jspa?threadID=2000227197

http://66.102.7.104/search?q=cache:diLSjdBHgVsJ:forums.ebay.com/db1/thread.jspa?threadID=2000225151&tstart=0&mod=1158706136337+odapi+ebay+scam&hl=en&gl=us&ct=clnk&cd=4


Copy the urls and paste them in the browser and hit go.

No one has yet answered my question. How do I/we prosecute them?

Can someone answer the question or give me legal advice on what I should do and how to do it, please
?
Yes, go directly to the bank, remove all of your money, checking, savings, CD's, everything, find an office that has the word lawyer hanging over it, strip malls are good places to look, plop your cash on the desk and kiss it goodbye. :rolleyes:

PS That is NOT legal advice, just how to do it.
 

JoeArizona

Junior Member
The news is interested in this story (shooting next Tuesday) - the news i hope is one way to go
I will give my story and then the news team will question eBay about my evidence.

I'm not asking for crazy things..
To resolve this issue to my satisfaction:
1. the user account, lrivera1960, must be removed from eBay today
2. the fake ebay site must be blocked from communicating or even contacting
the real ebay site
3. to recover my losses, I would like a check made out to my son or me in
the amount of $3300 to cover the cost of the car that we did not receive,
do to eBays lack of due diligence, of $2995, plus other minor costs.
4. Next to the listings on eBay "Buy it now button" eBay must put the warning to never use Western Union or wire transfers.
5. If eBay is aware of any other SCAM site now and in the future,
eBay within 1 hour of it being reported to eBay, eBay will block that site from communicating with the eBay sites.
6. When eBay is warned about scams and the account might have been compromised, it must state this in the users feedback and in the history along with the warning to never use Western Union... until the investigation is over.... to which the account should be removed if found quilty.
7. eBay to contact all users who contacted lrivera1960 and ask if the were scammed. If they were scammed, eBay to refund their money.
 
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