Ebay buyer protection policy- shill bidding

[Badboyz]

What is the name of your state? California

I was a victim of shill bidding on eBAY. eBAY agreed and says it disciplined the seller, I was still obligated to pay the inflated price for the item per eBAY policy. eBAY touts a buyer protection policy but it does not protect the buyer such as in my case... fraud committed by a seller. Shill bidding and other seller frauds occur on eBAY and eBAY allows the fraudulent party to prosper buy requiring the injured party to pay. This scenario is like... "A criminal robs a person, the criminal is caught and at the sentencing the judge pronounces the sentence on the robber and then the judge turns to the person who was robbed and says... "oh by the way the criminal gets to keep what he took from you."

My question is what legal action can be done about this??? I am not thinking of myself but of all the millions of people who purchase on eBAY and is injured by eBAy's policy that allows fraudulent sellers and eBAY to prosper. eBAY prospers because it collects more in fees.

 

[racer72]

I have been a victim of this a couple of times, I did not have to complete the auction. In both of my cases, the seller's accounts were suspended and the auctions could not be completed even if the seller wanted. If the auction was not suspended, you must retract your bid or eBay will still consider your bid valid. You also have the option of not completing the transaction but you also accept the hassle that comes with doing such a thing.

 

[CraigFL]

What is the name of your state? California

... This scenario is like... "A criminal robs a person, the criminal is caught and at the sentencing the judge pronounces the sentence on the robber and then the judge turns to the person who was robbed and says... "oh by the way the criminal gets to keep what he took from you." ....

Unfortunately, it's a common problem. For example, my home was burgularized, items taken and the people caught. Some items were discovered at pawn shops in the area. If I wanted these items back, I was told by the Sheriffs office that I could BUY them back from the pawn shop.

 

[JustAPal00]

My sister in-law is a power seller on eBay. She has been caught shill bidding on eBay twice. Both times all of her auctions were pulled. The second time over 750 items. I'm a little surprised to hear you say that eBay confirmed it because they don't do that. Shill bidding is a crime and eBay does not want the law involved. When someone is caught, the auctions just dissapear, and eBay sends a brief note to all top bidders that the auction was pulled with no explanation. I've only heard of prosecution in very large item cases!

 

[Badboyz]

I have been a victim of this a couple of times, I did not have to complete the auction. In both of my cases, the seller's accounts were suspended and the auctions could not be completed even if the seller wanted. If the auction was not suspended, you must retract your bid or eBay will still consider your bid valid. You also have the option of not completing the transaction but you also accept the hassle that comes with doing such a thing.

The price of the item was inflated within 2 hours of the end of the auction. I immediately contacted eBAY and was told via email that I could not retract my bid and that my bid was my agreement to pay... or the seller could report me as a non paying bidder. eBAy did not suspend the auction! after the auction I filed my complain of shill bidding eBAY said via email that they agreeded and that they had taken appropriate action. eBAY never stated specifically what was done but they provided me with a list of possible actions they could have used. But all in all I had to pay so eBAY and the thief could receive their money.

 

[Badboyz]

My sister in-law is a power seller on eBay. She has been caught shill bidding on eBay twice. Both times all of her auctions were pulled. The second time over 750 items. I'm a little surprised to hear you say that eBay confirmed it because they don't do that. Shill bidding is a crime and eBay does not want the law involved. When someone is caught, the auctions just dissapear, and eBay sends a brief note to all top bidders that the auction was pulled with no explanation. I've only heard of prosecution in very large item cases!

Yes eBAY confirmed and provided me with a list of penalties they could impose on the seller. They would not say specifically what they had done in my case. I have a trail of e-mails from eBAY. That was my point in posting this situation in this form was to hopefully generate some interest from a legal professional who could take this situation on. I could file a case in small claims court and prevail... but eBAY will continue on "Business as usual" afterwards leaving each victim to fight their battles behind a seriously flawed policy. I understand perfectly what you shared but something has changed within eBAY and it's not good for the buyers...

 

[Badboyz]

Unfortunately, it's a common problem. For example, my home was burgularized, items taken and the people caught. Some items were discovered at pawn shops in the area. If I wanted these items back, I was told by the Sheriffs office that I could BUY them back from the pawn shop.

I suppose incidents like these are proof positive that criminals rights prevail over the rights of the injured party. Only in America!

 

[Zigner]

Yes eBAY confirmed and provided me with a list of penalties they could impose on the seller. They would not say specifically what they had done in my case. I have a trail of e-mails from eBAY. That was my point in posting this situation in this form was to hopefully generate some interest from a legal professional who could take this situation on. I could file a case in small claims court and prevail... but eBAY will continue on "Business as usual" afterwards leaving each victim to fight their battles behind a seriously flawed policy. I understand perfectly what you shared but something has changed within eBAY and it's not good for the buyers...

You won't find anybody willing to take on the "case" you are trying to make against eBay's policies..
You won't find any attorney willing to help you (unless you pay them upfront) for any damages you may seek to recover (it's a small claims matter).

Sue and win, then don't do business with eBay again, if you feel so strongly.

 

[racer72]

After reading all the posts I just realized why eBay is not supporting the OP with his problem. Even though the OP was a victim of shill bidding, the bidding never exceeded his maximum proxy bid. This means he was willing to pay the higher amount even if there was no shill bidding. My question to the OP, why would you place a proxy bid in an amount you were willing to pay at the time of the bidding but are unwilling to do so at this time?

FYI, the cases where I was a victim of shill bidding, the bidding exceeded my proxy bid then bids were retracted to just below my proxy. This did not happen to the OP.