eBay ‘Buy It Now’ Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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