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UPDATE 2: On Jan. 15, 2015, the parties asked a federal judge to approve a $6.4 million settlement of the eBay Good Til Cancelled class action lawsuit.
UPDATE 3: The eBay Good Til Cancelled class action settlement was preliminarily approved on Jan. 29, 2015. To learn more about the eBay settlement, click here or visit www.eBayGoodTilCancelledClassAction.com.
A federal judge last week dismissed most of a class action lawsuit alleging eBay improperly charged sellers recurring fees for the “Good Til Cancelled” option, which was advertised at “no extra cost.” However, eBay was unsuccessful at having the entire lawsuit dismissed.
The Good Til Cancelled option was introduced by eBay in September 2008 as a policy that automatically renewed an unsold product listing unless the seller canceled the post or sold the item. eBay represented to sellers that the Good Til Cancelled option was at “no extra cost” to them and would be a fixed, flat rate that could be renewed monthly for an indefinite period. However, eBay charged sellers a 35-cent “insertion” fee for every month it renewed the listing, and recharged for any of the extras that the seller initially chose when posting an item.
Lead Plaintiff Richard Noll filed a class action lawsuit against eBay in September 2011 claiming eBay did not make these recurring fees known when sellers signed up for the Good Til Cancelled option. He sought damages for a proposed class of eBay sellers who were charged for the using the supposedly “free” option, as well as an order requiring eBay to clarify its “no extra charge” language.
U.S. District Judge Edward Davila dismissed Noll’s claims for fraud, unfair competition, false advertising and consumer legal remedies, but refused to dismiss Noll’s claims of breach of contract, unjust enrichment/restitution and declaratory judgment.
No information was provided on the next court date. Keep checking Top Class Actions for updated information on the case when it becomes available.
Updated June 5th, 2013
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2 thoughts onJudge Prunes eBay “Good Til Canceled” Class Action Lawsuit
UPDATE 3: The eBay Good Til Cancelled class action settlement was preliminarily approved on Jan. 29, 2015. To learn more about the eBay settlement, click here or visit http://www.eBayGoodTilCancelledClassAction.com.
UPDATE: On Jan. 15, 2015, the parties asked a federal judge to approve a $6.4 million settlement of the eBay Good Til Cancelled class action lawsuit.