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A federal judge has dismissed a beleaguered class action lawsuit over eBay’s “Good Til Cancelled” option, saying the plaintiffs did not clearly establish what Class Periods they are alleging, which eBay entity is at issue in each period, and what fees were improperly charged during each period. “The lack of clarity on these basic points alone is sufficient ground on which to grant defendants’ motion to dismiss,” said U.S. District Judge Edward Davila in his May 30, 2013, ruling.
Judge Davila allowed the plaintiffs to amend their complaint and re-file. Lead plaintiff Richard Noll sued eBay in September 2011 for failing to disclose that sellers would be charged recurring fees for the purported flat-rate “Good Til Cancelled” option. Last year, Judge Davila granted eBay’s request to trim claims of fraud, unfair competition, false advertising and consumer legal remedies from the class action lawsuit, but refused to dismiss claims of breach of contract, unjust enrichment/restitution and declaratory judgment. Noll filed an amended complaint in June 2012 and a consolidated class action lawsuit in October. It is unclear if Noll plans to file another amended complaint following Judge Davila’s latest decision.
The eBay “Good Til Canceled” Class Action Lawsuit case is Richard Noll v. eBay, Inc., Case No. 11-cv-04585, U.S. District Court, Northern District of California.
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.
UPDATE 2: 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.
Updated June 5th, 2013
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2 thoughts onJudge Axes eBay ‘Good Til Cancelled’ Class Action Lawsuit
UPDATE 2: 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.