Two eBay sellers who sued the online auction site in 2007 for not being given the full duration of the auction listings they paid for have had their cases certified as class action lawsuits. Next month the court will also rule on whether the cases should be consolidated into one class action lawsuit.
eBay seller Michael Ewert filed a class action complaint against eBay in April 2007 alleging that “customers routinely receive less auction time than they paid and selected.” The problem, he alleged, was that technical delays caused auction listings to not immediately become searchable by prospective bidders. The class action also alleged eBay’s own “Trust and Safety delays” — which are intended to help eBay scrutinize listings for errors, fraudulent activity and violations of eBay’s rules — keep sellers’ auctions from being listed right away, yet eBay does not extend the listing period to compensate for these delays.
The Missing Link, Inc., an Illinois company that sells bathroom fixtures on eBay, filed a similar lawsuit four months later in August, claiming they purchased listings on eBay and did not receive the full amount of the listing time requested.
The newly certified eBay auction seller class action lawsuits are brought on behalf of the following individuals:
All eBay customers, beginning on April 20, 2003, who advertised a listing for sale on eBay.com using the Sell Your Item form and using the “start listing when submitted” default selection for listing start time. Excluded from the class are individuals who listed items using the “Buy It Now” option where the item was sold at the “Buy It Now” price.
The eBay delayed auction listing class action lawsuits are seeking restitution for eBay sellers in the form of either (1) a return of all listing fees paid or of the entire insertion fee paid, or (2) recovery for the lost listing time as a portion of the insertion fee paid.
A hearing is scheduled for November 5, 2010 on whether the two eBay delayed auction listings class action lawsuits should be consolidated into one.
Updated October 14th, 2010
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