Suing Craigslist.org in Small Claims...

[RealGirlFriday]

What is the name of your state? California.

I've attempted to post an ad for a bicycle, and a job listing on Craigslist, and both have been flagged repeatedly. Craigslist.org refuses to indicate how (or if) I violated their Term of Use (ToU) policy, and continues to remove my ads for unknown reasons.

I have reached out to their support team multiple times, filed a complaint with the BBB, to which they have yet to respond.

I am considering suing Craigslist.org in small claims, but under what legal framework is the question.

Would breach of warranty fit in this case, or is there a better legal framework available for denial of access to their vast marketplace without explaination in reference to their ToU? Thanks in advance for any advice and consideration.

 

[Taxing Matters]

Like any business, Craigslist may refuse to do business with anyone for any reason other than illegal discrimination (i.e. because of your race, religion, etc). It has no obligation to take your ads or to explain to you why it refuses to list your ads. Until such point that the company has entered into a contract with you in which it commits to list your ads, you have nothing for which to sue for failure to take your ads unless you can prove illegal discrimination, and because Craigslist is purely an online company there are potential problems even with illegal discrimination claims. Bottom line is that I don't see any basis for suing Craigslist in any court. Moreover, in small claims court in California you must sue for money damages, and even if you had some kind of claim here, what would your money damages be? You can sell your stuff using a variety of other platforms and services, after all.

 

[RealGirlFriday]

Thank you for your thoughtful reply. In answer to your question my damages would include the amount of the bike, and my lost earnings from the job post, totaling about $660.

I respectfully disagree that I could just go to another service, because Craigslist.org (CL) currently has a monopoly in the after-market online sales space. OfferUp and/or Letgo or other such entities dont even come close to the market share of CL.

The question of discrimination or bias is at the heart of this issue actually. How am I suppose to know that I have NOT been discriminated against if CL refuses to address my inquires? There has to been some duty owed to the consumer for denial of service, and if so has CL failed to provide said duty?

 

[adjusterjack]

There has to been some duty owed to the consumer for denial of service, and if so has CL failed to provide said duty?

I'm guessing that you never read the Craigslist Terms of Use. I suggest you read them now.

https://www.craigslist.org/about/terms.of.use.en-us

You're welcome to pick a number and sue Craigslist for it.

 

[Taxing Matters]

Thank you for your thoughtful reply. In answer to your question my damages would include the amount of the bike, and my lost earnings from the job post, totaling about $660.

No, the damages are not the value of the bike. You still have the bike and it's value is unchanged by the refusal of the company to take your ad. Furthermore presumably can sell it for what it is worth using some other method. If you took time off work to pursue posting the sales, that is your choice and not compensable in a lawsuit.

I respectfully disagree that I could just go to another service, because Craigslist.org (CL) currently has a monopoly in the after-market online sales space. OfferUp and/or Letgo or other such entities dont even come close to the market share of CL.

No, it doesn't have a monopoly in the online sale of used goods. Indeed, eBay is also a prominent player in that market. There are other, smaller ones too. There may even be online classifieds offered by your local newspaper. The fact that the Craigslist is the preferred one you want to use does not give you a right to access the service. The company is free to decline to do business with anyone unless the reason for that is illegal discrimination.

The question of discrimination or bias is at the heart of this issue actually. How am I suppose to know that I have NOT been discriminated against if CL refuses to address my inquires?

It's up to you to prove the illegal discrimination. Do you have any reason to believe that the company discriminated against you because of your race, sex, or some other protected characteristic? Indeed, how would the company even know most of your personal characteristics when you are dealing with it entirely online?

There has to been some duty owed to the consumer for denial of service, and if so has CL failed to provide said duty?

That's what's getting you off track. I'll say it again: a private business has NO obligation to do business with anyone. There is no law, federal or state, that mandates a business must serve everyone or that it must justify the reasons for not serving a particular customer.

 

[westside]

I respectfully disagree that I could just go to another service, because Craigslist.org (CL) currently has a monopoly in the after-market online sales space.

Even if this statement was accurate (it isn't), there are other, non-online ways to sell items.