eBay Found Negligent after Failing to Heed User Warnings

[*wheels*]

from bnwt's News thread:

Interesting

http://www.heraldsun.com.au/news/breaking-news/ebay-to-pay-duped-gold-buyer-damages/story-e6frf7ko-1225851169039

eBay Found Negligent after Failing to Heed User Warnings


http://www.auctionbytes.com/cab/abn/y10/m04/i08/s01

eBay was found negligent and will have to pay damages to an Austrian buyer who purchased gold bars from German PowerSeller "ml-agentur" on eBay in September 2007 but never received them. A member of watchdog group Falle-Internet.de  testified in a recent trial in a lawsuit brought against eBay by the victim.

According to the organization, "One of the main arguments of eBay's lawyers in court was the (plaintiff) having been negligent. After explaining on more than 3 pages of their written pleading why eBay under no circumstances could have seen the risk imposed by the seller at hand, they spent another 3 pages on arguing that the buyer should have instead."

Readers were indignant when they read of eBay's lawyers' argument that the plaintiff could have read the warnings about the PowerSeller on the discussion forum before making his purchase. "A few users are working really hard, and are being ignored and boycotted by eBay, and when eBay needs them, their reports are used as arguments."

In a German-language statement, Falle-Internet.de said eBay allowed the seller in the case to continue to sell with the PowerSeller label, even though users had posted warnings about the seller in eBay's Trust and Safety forum.

Perhaps more striking was the fact that Falle-Internet.de, well known to eBay, had written about the risky and highly speculative nature of gold trading on eBay in a July 22, 2007 post and specifically described ml-agentur as a risky seller - 2 months before the plaintiff purchased the gold bars from him.

A spokesperson for Falle-Internet.de said an eBay employee testified of internal organizational problems that led to it taking them "several weeks" until responsible eBay employees across departments could meet to consult on measures concerning the seller.

[*wheels*]

"One of the main arguments of eBay's lawyers in court was the (plaintiff) having been negligent. After explaining on more than 3 pages of their written pleading why eBay under no circumstances could have seen the risk imposed by the seller at hand, they spent another 3 pages on arguing that the buyer should have instead."

It seems that eBay can no longer use the excuse of 'the Buyer should have known better'. eBay has for way too long relied on member reports of fraudulent listings or listings that flout pre-sales rules etc. And for the eBay lawyers to claim that the buyer could have read warnings on the eBay boards! What a joke! We know how quickly eBay will remove any hint of a warning to other buyers about dodgy sellers and how difficult it's been for the Hijack Hunters to keep their thread on the eBay boards.

[*r3830*]

And yet wheels - some time ago, many people responded on the forums of ebay here about sellers who were not reputable people, only to be censured - and in some cases, banned. their efforts may have saved a number of others from losing their money.

[*wheels*]

Yes loco, and a big part of the problem with the 'new and improved' eBay boards is that threads about dodgy sellers may not even be seen.

Check out this thread started yesterday and not one further post!
http://forums.ebay.com.au/topic/Recent-Ebay-News/Scams/600131193#1270631219945

The seller's current feedback:
http://feedback.ebay.com.au/ws/eBayISAPI.dll?ViewFeedback2&userid=vegetariancannibals02&ftab=AllFeedback

[*Brum6y*]

Felt sorry for them....


Left a reply.

[*wheels*]

Brum6y, good post about looking more closely at feedback. I've given the OP a couple of suggestions too on trying to locate the seller. In their feedback the seller has recently purchased a dropshipper list so that may be the cause of the problems although there is no mention of pre-sales in the listings. I would definitely be wary of any seller offering free postage for payment by bank deposit on electrical goods where the original postage is listed as $25.

[*wheels*]

I just had a wander over to the eBay board. As usual, the above thread has been removed! Too bad the eBay boards can't be put to good use and actually help buyers track down dodgy sellers and warn any future buyers.

Seller's feedback is down to 73.5% with 22 negs in the last month, still Registered but no items listed for sale.

[*wheels*]

A couple of suggestions for any buyers of eBay seller vegetariancannibals02

Print out a hardcopy of your item listing ASAP because if the seller becomes NARU, all item details will be removed by eBay.

If you are still trying to find correct contact details for the seller, look through their feedback and try contacting other buyers or previous sellers to see if they can help.
http://feedback.ebay.com.au/ws/eBayISAPI.dll?ViewFeedback2&userid=vegetariancannibals02

If you have not received your item or a refund then you should make a complaint to the Police. You will need to have a copy of the item listing and copies of all correspondence between yourself, the seller and eBay. Also, keep a list of dates, times and details if you have contacted them by phone.

[caadlad52]

"We know how quickly eBay will remove any hint of a warning to other buyers about dodgy sellers and how difficult it's been for the Hijack Hunters to keep their thread on the eBay boards."

Perhaps the Hijack Hunters need to relocate to this forum.

[cueperkins]

I'm amazed they haven't been hunted off Ebay by now....they slapped everyone else into extinction....for even mentioning the word 'fraud'...lol

It amazes me really because Ebay say they rely on 'consumer reports', on most things to do with policy breaches, fraud etc, and yet they forbid any consumers from raising an issue with other consumers on their forums??..lol....they've got it all worked out so they never have to address the shonks....but they can't stop consumers from posting here....so yes, the more merrier caadlad....

[*Yibida*]

Ebay Hijack Hunters... has a ring to it... caadlad.. it would be interesting talking to these guys about their       experience's they've had...   

[*Brum6y*]

I just had a wander over to the eBay board. As usual, the above thread has been removed! Too bad the eBay boards can't be put to good use and actually help buyers track down dodgy sellers and warn any future buyers.

Seller's feedback is down to 73.5% with 22 negs in the last month, still Registered but no items listed for sale.

Thread's been removed, huh?.....

* looking *

So it has.


Kinda makes you ask yourself 'Why bother?'

You take your experience, spend some time doing research and typing up a constructive response - only to have it disappear.


Next time (if there ever is one) I'm going to post it on OZRT as well!

[mandurahmum]

We had the same problem on the coins and collectables board.  There was not really a problem before the boards merged - but when they did the shite hit the fan.  WE all started to get reported - for the stupidest things.  Our thread on dodgy items was hit the worst.  nearly every second post being removed. 

We used that thread to report en masse any suss items.  We had to do this because ebay took to long to remove suss listings.  They even dropped out of ANDA - the organisation that susposedly looks after the industry.  They even stopped listening to the president of ANDA when he tried to report the items.

It is a shame that ebay will remove a warning of suss items fast - but leave the listing in question.

Most coinees have been ripped off by dodgy sellers - that is why we are passionate about discussing scammers.

Thankfully we can do it here, and warn others

[low-enghooi]

They even stopped listening to the president of ANDA when he tried to report the items.

Hi Jane,

I agree with everything you said but this sentence. I personally had been misled into buying a some how problem coin that described as very scarce (not true, furthermore with problem) from the ex-president of this organization. A few times this same person give very misleading (I read it as less than honest) explanation when asked about his listings.

In this case, I think ebay is fair. Every one get a fair chance to sell problem coins.

[Roo]

"We know how quickly eBay will remove any hint of a warning to other buyers about dodgy sellers and how difficult it's been for the Hijack Hunters to keep their thread on the eBay boards."

Perhaps the Hijack Hunters need to relocate to this forum.

I'm working on it Caadlad....but I think a lot of the old Hunters have become very disallusioned after having the HH thread removed so many times.  Don't blame them either....but it is a need that should be filled.

[tellomon]

Deleted posts on eBay?


It's a Sporting Event for all those flocking Button Pushers. And guess who lost that rally?

ME!

Now LOCK THEM DOWN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!