help needed - Disclosure statement – what law supports your claims – suing Ebay

[JoeArizona]

What is the name of your state? Arizona.

I have filed our complaint against eBay with the Arizona Civil court and now need help with what law supports our claim. Following is what I put for why we are suing:

Ebay _ Knowing allows fraud to continue on their _venu_, place of business, web site/systems by failing to stop it when they were notified and stopping the same MO listings. In addition, eBay_a failure to allow us to enact their protection program they offer users/customers while using their systems, _Vehicle Purchase Protection_ program, first bullet _paying for a vehicle and never receiving it_, under _Purchase Protection Coverage_.

We thought we were safe using eBay_s place of business with the protection program and the faith we had for using a large company to act as the venu to interact with the seller. Rane, Robin and myself did everything right. We contacted the user via Phone, email and eBay system and followed the instructions on how to pay , but was defrauded out of $3134.99 by using eBay systems and supposedly a web site that some eBay representatives state is valid and some that state it is not a valid site when it comes to supporting their protection plan. One eBay representative when questioned about the imposter site we used to purchase the car replied _ _no, I did not go to any "fake sites"._, and the other stated _It is the a valid site. _ __. The original conversation started from ebay place of business web site.

This has been a life experience to forget _ no law enforcement agency will or has helped stop this as it has continued for at least 3 months_ I/we have watched the defrauders post hundreds of listings on a web site for victims to purchase/win auctions and pray that the eBay customers that I did see win auctions do not follow through with the purchase as we did. It has changed us and for that we would like $6865 in punitive damages.​

I believe the best way to go about this is to attack their "Vehicle Purchase Protection program" (we thought we were covered against fraud and this is the biggest reason why we bought the car) - http://pages.motors.ebay.com/help/community/purchase-protection-coverage.html - using this will remove eBays common out of being an ISP and not being responsible. Well, by them having a warranty of what you see is what you get makes them responsible - does it not?

What UCC law should I say supports my claims if I want to prove they did not let me use their protection program when they should have allowed me?

What law should I use for their neglect of allowing fraud to continue when they know about it?

I know this is not in the above, but I also would like to attact their feedback system. I wanted to leave feedback on the seller user account that would have warned others and be extra cautious when dealing with the seller, but I was denied access to leave feedback - eBay did not allow me freedom of speech that could save others from this crime.

Please help!
Joe

 

[racer72]

I have filed our complaint against eBay with the Arizona Civil court

I stopped reading your post right there. That is your fatal flaw. Per the Ebay user agreement:

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.

The above will have your case dismissed in seconds. Ebay is a California entity, Arizona has no jurisdictional control. The SCOTUS has ruled that an internet presence does not constitute a presence in a state that would allow the state to have jurisdictional control.

 

[JoeArizona]

If what you state is true, then why do the court papers state that the venue can be where the defendant resides or where the transaction occurred? And why does eBay have a statutory agent in Arizona? The transaction occurred in Phoenix.

Let's assume I can sue.

Can you answer my earlier questions - what laws do I need to reference.

 

[tranquility]

Jurisdiction is very complex. The court papers are only trying to make sure the court's resources are not wasted. The Supreme Court's decisions on the matter are distinguishable in Ebay's case, but do show you will have problem and would need to distinguish the case law before you could sue. Further, choice of venue/jurisdiction clauses of contracts have been upheld many times--it is clear a person can give up their rights to sue except in certain areas.

Bottom line, I agree with racer72. Maybe not for the same reasons, but I do agree. You could argue presence for personal jurisdiction for e-bay, but would need to develop more facts. However, if you were to win that argument, you would be shot down because of your contractual agreement.

 

[JoeArizona]

It happened here to us personally and eBay is negligent. I thought negligence overrides any contract?

Let's leave the venue out of this. If they do want us to go to Cali we could.

What UCC law or case can we use that supports our claims if I want to prove they did not let us use their protection program when they should have allowed it?

What law or case can we use for their neglect of allowing fraud to continue when they know about it and could stop it?

I know this is not in the above, but I also would like to attact their feedback system. I wanted to leave feedback on the seller user account that would have warned others and be extra cautious when dealing with the seller, but I was denied access to leave feedback - eBay did not allow me freedom of speech that could save others from this crime.

What law or case can we use for not allowing us to give warning to others?

 

[BelizeBreeze]

If you have about $50,000 and two years of your life you wish to waste until the court decides against you, then please feel free to file such a worthless suit.

 

[racer72]

It happened here to us personally and eBay is negligent. I thought negligence overrides any contract?

Let's leave the venue out of this. If they do want us to go to Cali we could.

What UCC law or case can we use that supports our claims if I want to prove they did not let us use their protection program when they should have allowed it?

What law or case can we use for their neglect of allowing fraud to continue when they know about it and could stop it?

I know this is not in the above, but I also would like to attact their feedback system. I wanted to leave feedback on the seller user account that would have warned others and be extra cautious when dealing with the seller, but I was denied access to leave feedback - eBay did not allow me freedom of speech that could save others from this crime.

What law or case can we use for not allowing us to give warning to others?

If you think anyone is going to spend hours searching through legal briefs or the internet for you, think again. Either hire an attorney at about $200 an hour to do it for you or if you live near a law school, a law student will do it for $50 an hour. The purpose of these forums is to give folks basic answers to basic legal questions, we don't do research. For many of us, that would be practicing law without a license. If you want to take on a multi billion dollar company that will hire a multil million dollar lawfirm to represent them without having your own attorney, good luck.

 

[JoeArizona]

I'm sorry.
I thought the questions I asked would have been very easy for someone with experience to answer.
I can see by the replies that I have received that they must be very hard to answer.

Regards,
Joe