Ebay account suspended by error

[waggonerde]

What is the name of your state? Tennessee

I have been selling on eBay for about 4 years now and I have just recently had my account suspended. I was accused of selling illegal copies of DVDs that infringed upon Columbia Pictures rights. EBay suspended my account without contacting me to see what was going on. They gave me an email for columbia to email them if I had anymore questions. After sending an email to both eBay and Columbia I never got a response. So I eventually looked up Columbia pictures phone number and talked to someone who could help me. They did not admit they made an hour they just said since I sold two copies of the same movies they thought I was selling burnt DVDs. So they turned me into eBay. I finally got Columbia to email eBay requesting to allow me to sell the DVDs. Ebay sent me an email saying I could relist the DVD. The only problem is my account is still suspended. I have never received a reply from eBay yet on my account suspension and it has been over a week now. They do not have a 1-800 number to call. They have also now caused me to lose my established customers, be charge with a Non Paying bidder, issue several refunds from customers who do not trust me anymore, and also relisting fee credits. When I go to sign into eBay it says I have been suspended indefinitely. I have read on other sites that "indefinitely" means a year or more. I am needing to know what I can do to eBay or Columbia Pictures (Sony) to make them pay for my troubles, the lost of credibility, and my future profits. Over the last four years I have established a good reputation with over 2000 positive feedbacks. I have just recently started selling DVDs on Ebay. Since I started selling DVDs on eBay I have been selling anywhere between 15-25 DVDs a day. It has been my main source of income and I used the money to help pay for schooling. Any reply would be helpful. Thank You!

 

[divgradcurl]

Basically, you just need to keep bugging eBay to let you back on, or find somewhere else to sell your wares. eBay is a private company, you don't have a "right" to sell on eBay, so they can suspend you if they want. There really isn't anything you can do legally to compel eBay to let you start selling again.

As far as Columbia goes, well, they have a right to try and protect their intellectual property. There is a cause of action for "tortious interference" with a business, but you would have to prove that Columbia shut you down with the intent of disrupting your business -- them trying to protect their IP is insufficient for you to prevail on such a cause of action.

Keep trying with eBay -- if you are a strong seller, then hopefully you can get back on. Or maybe you could just open a new account for now and go from there.

 

[waggonerde]

I do understand how I do not have the right to sell on their website. So you are saying if they wanted to they could not allow certain races to sell on their site. I was wrongfully accussed and I believe I deserve a chance to be heard by eBay. I can not even get as little as an email response from them.

 

[divgradcurl]

So you are saying if they wanted to they could not allow certain races to sell on their site.

Look, someone thought you might be selling pirated goods on eBay, so eBay took action -- how is that in any way similar to racial discrimination? Besides, eBay isn't a "state actor" -- they may have more ability to discriminate than you think.

I was wrongfully accussed and I believe I deserve a chance to be heard by eBay. I can not even get as little as an email response from them.

Lots of people have had a lot of trouble dealing with eBay in this way -- but it doesn't mean you have a legal cause of action.

This has been said before, but just so you are aware, the reason eBay itself doesn't get sued for copyright infringement or whatever is because they take action as soon as they are notified by an IP owner. If eBay made each copyright or trademark owner "prove up" their side of the case before removing a auction or banning a seller, then eBay itself would likely be liable (either via vicarious or contributory liability) for infringement -- but so long as eBay acts as soon as a rights holder says something, eBay isn't liable for the actions of its customers. Of course eBay is going to look out for itself before it sticks its neck out for you, or any other customer.

 

[waggonerde]

I am not saying in any way it is the same thing. You said that they are private compnay so they do not have to let me sell on there. With that said it seems like to me eBay can discriminate people based on race or any other reason? I know they would never do that but I am just saying they can hide behind their "private" status and discriminate if they choose. It is not that I was wrongfully accused it is the fact that Columbia pictures had no reason to think I was selling burnt copies. I state in all of my acutions that they are used original US factory pressed DVDs. I also state in the description that they are not burnt copies or bootlegged copies. There is no way I could had ben mistaken for selling burnt DVDs. My opinion is Columbia pictures would rather customers by new version of the DVDs instead of used copies so they can make money. After contacting Columbia they told eBay they had made a mistake but eBay still refuses to reinstate my account. They also refuse to reply to my emails. How can they get away with this because they are a "private" company. Also I asked Columbia pictures how I can avoid this from happening again and they said there is nothing I can do. They may choose to turn me in again. They told me there is no steps I can take to prevent this from happening again if I ever get my account reinstated. This makes me think that Columbia Pictures can tell eBay anything they want to and have me shut down. If there is no criteria or proof required for accussing me I am at their fingertips. How is that fair in anyway?

 

[divgradcurl]

With that said it seems like to me eBay can discriminate people based on race or any other reason? I know they would never do that but I am just saying they can hide behind their "private" status and discriminate if they choose.

Do you have to let anyone you want come in to your house? Can you choose to decide who you let in? Can you use whatever criteria you want to make that decision? Yes, you can. The government cannot. Private companies are somewhere in between, sometimes they can, sometimes they cannot. Not all discrimination is illegal, even for the government, and private groups, organizations and companies are even more free to discriminate, and private citizens can do almost whatever they want.

In any event, we are not talking about race discrimination here. YOU got banned, not because of your race or religion or anything, but because an IP owner accused you of piracy. You can be banned from the supermarket for being suspected of shoplifting -- why is this any different?

After contacting Columbia they told eBay they had made a mistake but eBay still refuses to reinstate my account. They also refuse to reply to my emails. How can they get away with this because they are a "private" company.

Because YOU don't have a RIGHT to sell on eBay. They get to choose who sells on their site, not you. They can allow you to sell, but you cannot compel them to let you sell. It's their company, not yours.

I'm not trying to be harsh here, but you (and a lot of others) seem to think that you have a right to sell or shop on eBay, or eBay has to let you shop or sell. You don't, and they don't. This isn't a fairness issue -- eBay doesn't have to be "fair." They can run their business pretty much however they want. If you don't lke it, you are free to take your business elsewhere -- they are not the only game in town. Sure, it may be more difficult or problematic or less successful to sell other places, but that doesn't mean that you have any right to eBay's services.

If there is no criteria or proof required for accussing me I am at their fingertips. How is that fair in anyway?

It's not fair -- but, like I said above, it doesn't matter. eBay doesn't have to be "fair" to everyone. Is it "fair" that "power sellers" get certain advantages that other's don't? How is that "fair?" The fact is, most businesses aren't "fair." Volume buyers get better deals than individual buyers. Some places only sell to members. Some places give long-time customers better deals, while other places give better deals to first-time customers. None of these things are "fair," all are discriminatory, and all are perfectly legal.

Your job could fire you (assuming you aren't under some sort of contract) just for an "accusation" of a crime -- why can't eBay refuse to do business with you for the same thing?

Like I said in an earlier post, there is a reason that eBay takes the action it does -- to protect itself against liability for infringement. Trust me, Columbia would much rather go after eBay for infringement than after 1000 individuals -- but so long as eBay does what it does, they can't. Unfortunately, you are trying to sell DVD's in a marketplace that is a hotbed for stolen and pirated goods, so you are not going to get the benefit of the doubt.

Keep trying with eBay, that's all you can do. And maybe you should stop selling Columbia DVD's/ If you been selling all of these DVD's and this is the first time you've had problems, maybe the other DVD's are the ones to sell...

 

[john123456]

Poster:

A couple numbers for ebay:

1-800-322-9266
1-888-749-3229

Good luck.

 

[waggonerde]

Thanks for the numbers John I called both but they just transfered me to an answering machine. Divgradcurl how can they block me out from my account. Right now I am very pissed off about not being able to sell and I still do not agree with that being legal. You have defended their side well but I still disagree. Another problem I am having is the fact that I can not log into my account to look at the itmes I sold before being blocked. I received a money order today for a DVd I sold but I have no way of knowing who it is from because I can not log into my account. Also I have received about 35 packages in the mail of items I have bought on eBay I have no way of knowing if the packages contain the right merchaindise because I buy lots of DVDs on eBay that contain up to 200 movies at a time. Without being able to access the item numbers I am screwed. Ebay sends an email when you purchase an item but some of the emails get deleted by accident and sometime I do not even receive the emails. Also I am not sure if you have ever sold on eBay but if a buyer does not pay for an item you can file a non paying bidder against them and get your fees reimbursed. But you must wait 7 days before filing the complaint. I sold a few $200 items on eBay right before being banned the buyer has not paid for the items because eBay sends them a message telling them that I may be trying to scam them. Now I am still stuck paying the fees on those items that I sold. How is that fair or even legal. To me that is theft. I am stuck paying about 50 dollars in fees due to this incident.

 

[divgradcurl]

Divgradcurl how can they block me out from my account. Right now I am very pissed off about not being able to sell and I still do not agree with that being legal.

Well, you don't have to agree with it, but it IS legal.

You have defended their side well but I still disagree.

I'm not here to defend eBay or anyone else -- I'm just trying to explain to you why you don't have a LEGAL way to compel eBay to let you sell on eBay.

 

[Zigner]

How is that fair or even legal. To me that is theft. I am stuck paying about 50 dollars in fees due to this incident.

Did you even read the user agreement when you signed up?
People really should read things more closely...

 

[waggonerde]

I doubt I did read the user agreement and if I did I did not read it very careful. If I sign a piece of paper that says you can steal $50 from me can you legally do that? Like I said their policy allows you to file a NPB if the cvustomer does not pay for the item. If I am not a customer I can not file a NPB, therefore; I am stuck paying the fees.

 

[stephenk]

"If I sign a piece of paper that says you can steal $50 from me can you legally do that?"

Sure, because you gave me permission to take the money. it is no longer stealing.