Can Ebay be sued for this? 0

[icefires]

Trying to take a break but....

I listed a CGC Funnybook and a CGC Cherry Poptart #2 on Ebay a few days ago. 

After 2 days, I got an e-mail that they were removed and needed to be listed in the "Adults only" section.

I called and asked them about the other 50+ Cherry listings in non adult categories.

The lady on the phone said she saw what I was talking about and would remove them.

24 hours later I called and told them the 52 listings (dating back to August 2017) had not been removed as promised.

I asked them why I was being discriminated against. The Ebay rep had no good answer, so I asked to talk to a supervisor.

I was put on hold for a few minutes, then was told a supervisor would have to call me back "shortly."

It has been over an hour and no one has called me back.

Am I fighting a brick wall? How can Ebay legally get away with this?

 

[Crowzilla]

If Mark Zaid doesn't take this I would call my local ACLU rep as quickly as possible.

 

[comicquant]

Its eBay's platform.  My guess is they can prevent anyone from listing anything if they feel like it.  I'm sure there's something in the fine print that outlines this exact scenario.

 

[AndyFish]

Anybody can (and do) sue anyone for anything, whether or not they would prevail in court is another thing.  What would your ground be?  Discrimination?  How were you wronged and for what amount of monetary damage?   It would seem like it would be more expensive to file the paperwork than to simply sell them elsewhere.

I've long given up on eBay doing anything logical.   It's gotten worse and worse over the years.    It used to be as a seller you had recourse for bad buyers, and as a buyer you had protection from bad sellers, but now it's more and more difficult to resolve anything with them.

I've mostly moved on.

Edited January 2, 2018 by AndyFish

[icefires]

16 minutes ago, Crowzilla said:

If Mark Zaid doesn't take this I would call my local ACLU rep as quickly as possible.

 

I will probably pursue this a while longer.

I understand the "adults only" rules, but the playing field should be level. All or none.

I have notified them of all 52 illegal listings, so they can't say "we didn't know."

[miraclemet]

I don't think you are using the term  "discriminated" correctly...

have you read all the ebay Ts and Cs? Everything is at their discretion.

[ComicConnoisseur]

24 minutes ago, icefires said:

Trying to take a break but....

I listed a CGC Funnybook and a CGC Cherry Poptart #2 on Ebay a few days ago. 

After 2 days, I got an e-mail that they were removed and needed to be listed in the "Adults only" section.

I called and asked them about the other 50+ Cherry listings in non adult categories.

The lady on the phone said she saw what I was talking about and would remove them.

24 hours later I called and told them the 52 listings (dating back to August 2017) had not been removed as promised.

I asked them why I was being discriminated against. The Ebay rep had no good answer, so I asked to talk to a supervisor.

I was put on hold for a few minutes, then was told a supervisor would have to call me back "shortly."

It has been over an hour and no one has called me back.

Am I fighting a brick wall? How can Ebay legally get away with this?

 

Unfortunately they probably can because they can afford better lawyers.

I mean you could sue them, but you would most likely not beat them,and the legal fees would cost way more than what the Cherry Poptarts would have netted you if sold.

Maybe write a letter ask for an answer?

That usually works better than talking to a customer rep over the phone.

Good luck.

 

 

 

[icefires]

20 minutes ago, comicquant said:

Its eBay's platform.  My guess is they can prevent anyone from listing anything if they feel like it.  I'm sure there's something in the fine print that outlines this exact scenario.

 

You're correct. According to their rules, my books are in violation. I can live with this.

What I can't accept is the other 52 listings are somehow not in violation?

[icefires]

7 minutes ago, miraclemet said:

I don't think you are using the term  "discriminated" correctly...

have you read all the ebay Ts and Cs? Everything is at their discretion.

"We have rules, but we can decide who to apply them against." Really?

We are not comparing apples to oranges here.

We are comparing apples to apples. No matter what the verbiage is, I doubt Ebay can legally get away with this.

Did you happen to see the story about the bakery who lost a lawsuit for refusing to bake a wedding cake for a gay couple? $135,000

 

Edited January 2, 2018 by icefires

[Patriot6]

3 minutes ago, icefires said:

"We have rules, but we can decide who to apply them against." Really?

We are not comparing apples to oranges here.

We are comparing apples to apples. No matter what the verbiage is, I doubt Ebay can legally get away with this.

Did you happen to see the story about the bakery who lost a lawsuit for refusing to bake a wedding cake for a gay couple? $135,000

 

Every pig is equal, but some pigs are more equal than others  

[icefires]

16 minutes ago, miraclemet said:

I don't think you are using the term  "discriminated" correctly...

have you read all the ebay Ts and Cs? Everything is at their discretion.

Quoted from Ebay Adult items policy:

What are the guidelines?

Adult anime items

 

 

Restricted

Sexually explicit anime, comics, books, films, animation, manga, hentai, yaoi, and computer games can only be listed in the Adult Only category. The following items can be listed outside the Adult Only category if the seller meets the below requirements: Anime-style artworks must follow the nude art section of this policy Action figures of characters from sexually-explicit anime can be listed in the appropriate doll or action figure categories as long as the listing doesn't include nude images or sexual content.

[Hudson]

I am curious if someone "notified" them on your listings for some reason (an ax to grind or whatever).

You simply saying, "Everyone else is doing it" may not be enough to get eBay to act equitably.

This is NOT to say that I agree with them not applying the rules equally (if this is in fact the case).

Hope you can get your books sold.  I saw them on the for sale thread and they are high grade.

Edited January 2, 2018 by Hudson

[jsilverjanet]

I believe the only way that yours was flagged was either because someone notified them or because of a key word or phrase you used in your listing

 

[miraclemet]

11 minutes ago, icefires said:

Quoted from Ebay Adult items policy:

What are the guidelines?

Adult anime items

 

 

Restricted

Sexually explicit anime, comics, books, films, animation, manga, hentai, yaoi, and computer games can only be listed in the Adult Only category. The following items can be listed outside the Adult Only category if the seller meets the below requirements: Anime-style artworks must follow the nude art section of this policy Action figures of characters from sexually-explicit anime can be listed in the appropriate doll or action figure categories as long as the listing doesn't include nude images or sexual content.

more interested in the section detailing ebays discression on rule application...

[icefires]

Just now, jsilverjanet said:

I believe the only way that yours was flagged was either because someone notified them or because of a key word or phrase you used in your listing

 

I copied the exact title and content from a sold listing that made it through just fine.

I notified them of all 52 listings individually.

Not giving up on this one just yet. 

 

[icefires]

3 minutes ago, miraclemet said:

more interested in the section detailing ebays discression on rule application...

Yep,

I read their discretionary text. Essentially, they can review stuff on a case by case basis and the outcomes may vary.

Problem is, one can get into hot water for applying opposite discretionary rulings for exactly the same violation.

[darkstar]

sounds like you're in for a rough 2018

[comicwiz]

Where they all Cherry Poptart #2 listings?

Edited January 2, 2018 by comicwiz

[GM8]

I had a similar issue selling game codes a while back.  If the buyer doesn't receive a tangible item then ebay forbids (or at least forbade at the time) selling of these items because there is no way to prove they were delivered.  So Ebay cancelled my items and sent me a stern message about listing practices.  Meanwhile there were literally hundreds of other similar listings live on the site, same as mine was.

Whomever you spoke with on the phone is probably not authorized to remove listings in bulk and would need to probably spend time on each listing and not on the phone.  Moreover, yours was probably removed due to a specific complaint from a user.  Your complaining about all the listings was probably considered just retaliatory and not followed up on.

I don't work there, but from dealing with them since the 90's (God I'm OLD) I see this as their M.O.  To answer your question about suing, it would be an expensive uphill battle on your part and probably get you nowhere since it's their platform and can do most anything they want so long as it's legal.  And let's be honest, the only pain you received was to your ego.

Edited January 2, 2018 by GM8

[icefires]

25 minutes ago, darkstar said:

sounds like you're in for a rough 2018

I am actually enjoying this. ?

26 minutes ago, darkstar said:

sounds like you're in for a rough 2018

 

26 minutes ago, darkstar said:

sounds like you're in for a rough 2018