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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
A settlement has been reached in a class action lawsuit related to eBay’s “Buy It Now” option, which allows prospective buyers to buy an item listed on eBay at a fixed price before the end of the designated listing period. If you paid for at least one “Buy It Now” listing between July 30, 2008 and Sept. 10, 2015, you may be eligible for payment from the eBay class action settlement.
The eBay Buy It Now class action lawsuit was filed by plaintiff Luis Rosado on July 30, 2012. He alleges eBay automatically de-listed the item as soon as a prospective buyer clicked the “Buy It Now” button, and that eBay did not automatically re-list the item if the prospective buyer failed to complete the buying process. Rosado claims that this practice deprived sellers of the full value of their listing.
Rosado’s class action lawsuit accused eBay of violating California’s False Advertising Law, Consumer Legal Remedies Act, and the Unfair Competition Law. Other charges against eBay included breach of quasi-contract; breach of the covenant of good faith and fair dealing; and declaratory judgment.
eBay denies the allegations but agreed to pay $1.2 million in order settle the Buy It Now class action lawsuit and avoid the expense and uncertainty of ongoing litigation. The eBay class action settlement received preliminary approval on Sept. 10, 2015.
Class Members who wish to make an opt-out or exclusion request must do so no later than Dec. 8, 2015.
UPDATE: On Jan. 8, 2016, the plaintiffs filed a motion seeking final approval of the eBay Buy It Now class action settlement.
UPDATE 2: On Sept. 23, 2016, Top Class Actions readers started receiving checks in the mail worth as much as $15 from the eBay “Buy It Now” class action settlement. Congratulations to all our viewers who filed a Claim Form and got PAID!
Who’s Eligible
Class Members of the eBay settlement include all eBay sellers in the United States who paid listing fees to place a “Buy It Now” listing on eBay’s websites during the period from July 30, 2008 and Sept. 10, 2015, and whose item was subsequently de-listed when the “Buy It Now” button was selected by a prospective buyer before the end of the designated listing period, and who were not ultimately paid by the prospective buyer, and whose listing fees were not refunded by eBay.
Potential Award
$5 – $15.
Class Members who submit a claim for a Vehicle Listing will be entitled to a payment of $10. Class Members who submit a claim for a Non-Vehicle Listing will be entitled to a payment of $5.
Each Class Member can submit up to one claim for a Vehicle Listing and one claim for a Non-Vehicle Listing, for a total payment of $15.
The actual amount each claimant will receive from the eBay class action settlement depends on the total number of valid claims filed. The total award may be increased or reduced on a pro rata basis. Any funds remaining in the settlement fund after the claims process is complete may be distributed to Class Members who have an active eBay account at the time of the final disbursement.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
12/8/2015
Case Name
Luis Rosado v. eBay Inc., Case No. 5:12-cv-04005-EJD, in the U.S. District Court for the Northern District of California
Final Hearing
2/25/2016
Settlement Website
www.eBayBuyItNowClassAction.com
Claims Administrator
Luis Rosado v. eBay Inc.
c/o Heffler Claims Group
P.O. Box 710
Philadelphia, PA 19105-0710
1-844-528-0186
Class Counsel
CAPSTONE LAW APC
FELDMAN FOX & MORGADO PA
Defense Counsel
COOLEY LLP
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33 thoughts oneBay ‘Buy It Now’ Class Action Settlement
I have a beef with PayPal Credit and was wondering if anyone else did? Mine is mostly with PayPal Credit. Every time I accessed it went straight to the credit account even though it states if you have funds in your regular account it’ll go there first, so my Credit Acct got jacked up unknowingly with credit instead of my Cash funds in my PayPal act being utilized! Scammers!
Thats not how Paypal works. If you have the credit it defaults to that, however when making a payment you can change or edit your source of payment as your checking account or using the credit.
You need to change the original listing–its for sellers, not buyers!
Your claim has been successfuly submitted. lol
submitted
So I just went to fill out the general claim form. Ive been buying and selling on EB since I think 2004. I know Ive bought buy it now items and Ive sold them that way. So when I try to sign up I get this message: Too many requests within a one week period. What does this mean, does anyone know? Today is the first Ive heard of this action. Has anyone else received this message?
15 dollars is a waste of time and effort and my name on some lawyers and court roster
Dont worry. Nibiru will come and wipe out old reputations in no time.
it is better than Ebay keeping it or some lawyer so I would take the 15 dollars
I have purchased several items with buy here pay here
For about 3 months back in 2012, my account was being attacked by a phony bidder with several aliases. I had both auction and Buy It Now items up for sale. Sometimes over 200 a weekend, and that same phony bidder bid up 50 or more items every week and never paid. EBay did nothing to remove the individual from bidding on my auctions, nor others and they eliminated the negative feedback option at the time, so you could only post a negative comment as positive to warn other sellers of this phony bidder and his numerous aliases. Numerous calls to EBay didn’t get all my listing fees returned, nor any satisfaction from freezing this thief’s accounts. I was so frustrated, that I had to leave the buying/selling for several months until I was certain my postings wouldn’t be harassed.
How about a class action lawsuit for the double dipping scheme eBay and Paypal has done for YEARS with all the fees? Nah, I guess that makes way too much sense.
That makes sense, but what about charging a fee for the shipping cost they had nothing to do with? Sellers have put up with rising fees for years and it needs to stop. I wouldnt mind helping to get the ball rolling on any of these issues.
Yes I did the buy it now. plus I have a account.
Did you SELL something on e-bay?