Upon receiving the consumer's lawsuit, the defendants eBay and Paypal will advise the consumer that his or her user agreements with these two firms require the consumer to file disputes against the firms either with a court in Santa Clara County, CA, or with the National Arbitration Forum. If the consumer does not voluntarily withdraw his suit, then eBay will threaten to seek its lawyer fees to have the case dismissed. At this point, most consumers then drop their suits.
However, the arbitration clauses in the user agreements exclude claims for equitable or declaratory relief. Accordingly, if the consumer files his suit from the outset seeking equitable or declaratory relief, then the eBay user agreement defense will NOT prevent the lawsuit from going forward. With the lawsuit proceeding forward, the consumer can send eBay or Paypal interrogatories to seek discovery. Interrogatories are written questions sent to a party to a lawsuit that must be answered in writing, usually within 30 days. With interrogatories, the consumer can get access to information about the seller, as well as the frequency with which consumers have complained about items being delivered that were materially different from the item pictures on eBay.
The consumer's local state court will have personal jurisdiction over the eBay and Paypal to hear claims for equitable and declaratory relief, because these firms have established substantial contacts the consumer's state. The following non-exhaustive list of activities and contacts by the eBay and Paypal in and with the consumer's state make it fair, equitable, and convenient for eBay and Paypal to defend these causes of action in the consumer's state:
(1) The controversy arose out of the consumer's purchase of some item on eBay.com, which was shipped to him or her at the consumer's address, and which arrived damaged and unusable. The funds used to pay for this transaction were drawn from a bank in the consumer's hometown, and payment for this transaction occurred in the consumer's hometown. The contract to purchase the item and pay for shipping was most likely formed in the consumer's hometown.
(2) For more than 10 years, eBay and Paypal have systematically and continuously advertised their services to the consumer and other Internet users in the consumer's state via advertising and electronic mail. Over the years, eBay and Paypal have collected fees on scores of millions of dollars in payments and seller fees from businesses and residents in the consumer's state.
For circumstances in which a seller refuses to take back damaged merchandise and issue a refund, the consumer can seek equitable relief to bar that seller from any and all further transactions on the eBay and Paypal platforms. The consumer can seek declaratory relief that eBay and Paypal's Buyer Protection Plan submission forms are riddled with computer errors and will not allow users to properly submit claims.
The consumer should also seek declaratory relief that eBay and Paypal's fraud violated the state Consumer Protection Act, which thus gives the consumer a statutory right to prosecute eBay and Paypal independent of any breach of contract claim he or she may have related to the user agreement.
The consumer can also challenge in his local state court the validity of the arbitration clause as unconscionable. A claim that the arbitration provision is unconscionable is a matter to be decided by the courts and not the arbitrator, because it specifically challenges the validity of the agreement to arbitrate irrespective of the validity of the whole contract. If the state trial court determines that the arbitration clause is unconscionable, then the consumer will be entitled to pursue monetary damages against eBay and Paypal. However, it is unlikely that a state court will find the arbitration clauses unconscionable, due to the pro-business tilt of the U.S. court system.
Thursday, July 10, 2008
How to Serve Ebay Pay Pal with Lawsuit Legal Papers
In order to serve ebay/Pay Pal you will need to have a case and file your case with the appropriate court system.
Paypal, Inc., is a subsidiary of eBay, Inc., and the two companies are intertwined for purchasers of goods sold on eBay.com to complete payments to sellers using Paypal.com. The Defendants Paypal, Inc. and eBay, Inc., may be served with process (summons and a complaint) using the long arm statute of the consumer's state. The long arm statute most likely provides for service of out-of-state corporations through the state's Secretary of State. eBay's may be served with process at the following address: eBay Inc.; Attn: Corporate Counsel; 2145 Hamilton Avenue; San Jose, CA 95125
Paypal, Inc., is a subsidiary of eBay, Inc., and the two companies are intertwined for purchasers of goods sold on eBay.com to complete payments to sellers using Paypal.com. The Defendants Paypal, Inc. and eBay, Inc., may be served with process (summons and a complaint) using the long arm statute of the consumer's state. The long arm statute most likely provides for service of out-of-state corporations through the state's Secretary of State. eBay's may be served with process at the following address: eBay Inc.; Attn: Corporate Counsel; 2145 Hamilton Avenue; San Jose, CA 95125
eBay Competitor Harassement SELLER TARGETING Help
Have you suffered unjustly through ban after ban, suspension after suspension and false claim after unwarranted listing removal?
If so then your problem may not be eBay…it’s probably a competitor.
If you’re selling items that are equal to or better than a competitor for lower prices and you offer better service, you may be being targeted. A single jealous competitor can use eBay as a tool to harass and ultimately destroy your business.
Competitors will take extreme avenues in efforts to “bring you down”. Here’s some things you need to watch for:
1. Zero Bidders. The easiest way for a competitor to “mess with you” is to use prepaid credit cards to create eBay accounts. They provide eBay with false information and immediately begin bidding on your items. The competitor will win your items, causing you to pay closing fees (as well as the previously paid listing fees). Then the competitor never pays. You’re now involved in a wild goose chase of dispute opening, having the competitor claim they sent the check in the mail, waiting on the check to arrive, realizing you’ve been taken then…GETTING A BAD FEEDBACK, or several of them. These bad feedback destroy your DSR rating and cause your ebay account to go down the drain.
2. Spoof and Mails and “Shady Emails”. Everyone knows about the “spoof emails”. A shady competitor may try to access your private information by sending you spoofs. They also may send you emails from fake eBay accounts OR other eBay accounts (that they use strictly for buying) asking you to break eBay policy. The competitor may ask you to accept Pay Pal on an item that you’re not allowed to accept PP on, such as Mature Audience or they may ask you if you’re able to end an auction so they can send you funds through Pay Pal for the item in question – which is illegal according to eBay. The competitor hopes you will agree to what they are asking and respond via email, which they will then send to eBay or Pay Pal and get you banned for life.
3. FALSE bans, pulled listings, suspensions, etc. A jealous competitor will “troll” your listings and report items without warrant. Ebay is supposed to manually review each item before pulling the listing or handing down punishment, but from my experiences, they do not review properly. A jealous competitor can cause you to lose hundreds, if not thousands of dollars a month by getting you unjustly banned.
If you have found these things are occurring, you will want to look into the “targeting” further.
You can indeed fight “targeting”. If a seller is using eBay as a tool to harass you, the seller is held accountable as well as ebay. You will want to begin building your case.
READ MORE HERE:
How to Begin Building a Case Against Ebay
False VERO Rights Accusations, Bans & Suspensions
FALSE Violations of Trademark & Copyright Infringement
How to REALLY Get Free Legal Help
If so then your problem may not be eBay…it’s probably a competitor.
If you’re selling items that are equal to or better than a competitor for lower prices and you offer better service, you may be being targeted. A single jealous competitor can use eBay as a tool to harass and ultimately destroy your business.
Competitors will take extreme avenues in efforts to “bring you down”. Here’s some things you need to watch for:
1. Zero Bidders. The easiest way for a competitor to “mess with you” is to use prepaid credit cards to create eBay accounts. They provide eBay with false information and immediately begin bidding on your items. The competitor will win your items, causing you to pay closing fees (as well as the previously paid listing fees). Then the competitor never pays. You’re now involved in a wild goose chase of dispute opening, having the competitor claim they sent the check in the mail, waiting on the check to arrive, realizing you’ve been taken then…GETTING A BAD FEEDBACK, or several of them. These bad feedback destroy your DSR rating and cause your ebay account to go down the drain.
2. Spoof and Mails and “Shady Emails”. Everyone knows about the “spoof emails”. A shady competitor may try to access your private information by sending you spoofs. They also may send you emails from fake eBay accounts OR other eBay accounts (that they use strictly for buying) asking you to break eBay policy. The competitor may ask you to accept Pay Pal on an item that you’re not allowed to accept PP on, such as Mature Audience or they may ask you if you’re able to end an auction so they can send you funds through Pay Pal for the item in question – which is illegal according to eBay. The competitor hopes you will agree to what they are asking and respond via email, which they will then send to eBay or Pay Pal and get you banned for life.
3. FALSE bans, pulled listings, suspensions, etc. A jealous competitor will “troll” your listings and report items without warrant. Ebay is supposed to manually review each item before pulling the listing or handing down punishment, but from my experiences, they do not review properly. A jealous competitor can cause you to lose hundreds, if not thousands of dollars a month by getting you unjustly banned.
If you have found these things are occurring, you will want to look into the “targeting” further.
You can indeed fight “targeting”. If a seller is using eBay as a tool to harass you, the seller is held accountable as well as ebay. You will want to begin building your case.
READ MORE HERE:
How to Begin Building a Case Against Ebay
False VERO Rights Accusations, Bans & Suspensions
FALSE Violations of Trademark & Copyright Infringement
How to REALLY Get Free Legal Help
eBay FALSE Charges of Copyright Infringement & Trademark Violation
Have you been falsely accused of Copyright Infringement on eBay? Don’t just lay down and take it! FIGHT it!
First, make sure your item DOES NOT violate policy. You can find all the policies by searching the eBay help section.
After you are 100% sure you are innocent, you can start by Filing a Copyright Counter Notice.
According to eBay, a Copyright Notice is “For listings that have been removed at the request of the rights owner for copyright infringement, you may have the option of filing a Counter Notice with eBay if you feel that your listings were removed in error and you have not been able to come to an agreement with the rights owner.
A Counter Notice is a form provided by eBay in compliance with the requirements of the federal Digital Millennium Copyright Act. The form is a legal document that requires you to, among other things, certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or misidentification. When you sign a Counter Notice, you will also have to consent to federal jurisdiction and service of process. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to eBay.
Once a valid Counter Notice is submitted, eBay will provide a copy of the notice to the reporting party and will advise them that the listings will be reinstated after 10 business days if we do not hear from the reporting party that they have filed an action seeking a court order to restrain you from re-listing the items.”
After your counter notice has been filed, one of two things will happen –
1. You will be found innocent (and you can then build a case against eBay if you chose for allowing you to suffer penalties over a false accusation)
Or two, more commonly, you will get ran around in circles. You will receive opened-ended answers from representatives, standard “form letters” that do not related to your specific item and quite possibly, no response at all. Either way, you win. You can use all of this information to build a case against eBay.
I would like to point out a few things as to what “copyright infringement” is and ISNT.
• You ARE allowed to sell name brand, designer goods. It is encouraged that you have proof of purchase for these goods. The best way to prove authenticity is in the form of a receipt. So if you have been pulled for selling legitimate designer goods, you have a case.
• You ARE NOT allowed to sell “counterfeits”. A counterfeit is a good that is made to look like a designer item but is not. For example, “knock off” purses, sunglasses, etc. There’s a gray area when it comes to “Designer Inspired” goods that are NOT linked to any specific name brand or logo. For example, if a purse “looks like” a designer bag but no specific bag, you have fallen into the gray area, and you potentially have a case.
If you believe you have a case, you will want to start here.
If you find yourself having repeat FALSE reports of a variety of listings, you may be being TARGETED.
First, make sure your item DOES NOT violate policy. You can find all the policies by searching the eBay help section.
After you are 100% sure you are innocent, you can start by Filing a Copyright Counter Notice.
According to eBay, a Copyright Notice is “For listings that have been removed at the request of the rights owner for copyright infringement, you may have the option of filing a Counter Notice with eBay if you feel that your listings were removed in error and you have not been able to come to an agreement with the rights owner.
A Counter Notice is a form provided by eBay in compliance with the requirements of the federal Digital Millennium Copyright Act. The form is a legal document that requires you to, among other things, certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or misidentification. When you sign a Counter Notice, you will also have to consent to federal jurisdiction and service of process. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to eBay.
Once a valid Counter Notice is submitted, eBay will provide a copy of the notice to the reporting party and will advise them that the listings will be reinstated after 10 business days if we do not hear from the reporting party that they have filed an action seeking a court order to restrain you from re-listing the items.”
After your counter notice has been filed, one of two things will happen –
1. You will be found innocent (and you can then build a case against eBay if you chose for allowing you to suffer penalties over a false accusation)
Or two, more commonly, you will get ran around in circles. You will receive opened-ended answers from representatives, standard “form letters” that do not related to your specific item and quite possibly, no response at all. Either way, you win. You can use all of this information to build a case against eBay.
I would like to point out a few things as to what “copyright infringement” is and ISNT.
• You ARE allowed to sell name brand, designer goods. It is encouraged that you have proof of purchase for these goods. The best way to prove authenticity is in the form of a receipt. So if you have been pulled for selling legitimate designer goods, you have a case.
• You ARE NOT allowed to sell “counterfeits”. A counterfeit is a good that is made to look like a designer item but is not. For example, “knock off” purses, sunglasses, etc. There’s a gray area when it comes to “Designer Inspired” goods that are NOT linked to any specific name brand or logo. For example, if a purse “looks like” a designer bag but no specific bag, you have fallen into the gray area, and you potentially have a case.
If you believe you have a case, you will want to start here.
If you find yourself having repeat FALSE reports of a variety of listings, you may be being TARGETED.
Flase Accusations of VERO RIGHTS eBay- Been Falsely Accused?
VERO Rights can be a sticky situation on eBay. VERO rights was designed with good intentions to allow sellers to claim ownership of products so that other seller could not “illegally” obtain them and sell them. This can be an incredibly useful program for many people in all selling categories, but especially those selling handmade goods, downloads, self published books, etc. By being the VERO owner, you are preventing others from duplicating your item to make profit. In ways, it’s like a patent or copyright.
The problem is that every day, hundreds of sellers are slapped with unjust bans due to competitors claiming VERO rights on products that they do not have VERO rights to. Its disappointing to report, but evidence has proven that many upstanding POWERSELLERS are involved in this “crime”.
The second problem is the actual “eBay” aspect. Supposedly, eBay MANUALLY reviews each repot before pulling the listing or handing out bans. I have personally found this to be false.
If you have been a victim of false VERO rights claims, there’s a lot you can do. Here’s my quickie guide to aid this process. BE SURE TO KEEP SAVED RECORDS OF ALL COMMUNICATION. I highly suggest screenshots of every piece of evidence.
1. After your listing has been pulled, you need to dispute it with eBay. Write to them request for the VERO rights owner information. By law, they MUST provide you with this. If they do not provide you with this information, you are looking at a different case.
2. After receiving information, you will want to contact the seller. I suggest NOT calling. You need physical evidence. Email them with details.
3. If you do not get a response from the VERO owner in a reasonable amount of time, you need to give this information to eBay
4. If you are found to be in the right, you now have a case. You will want to begin building your suit against eBay.
5. If your listing is NOT specifically for “VERO” rights, but instead for “copyright infringement”/ “trademark infringement” and it is FALSE, read THIS article.
The problem is that every day, hundreds of sellers are slapped with unjust bans due to competitors claiming VERO rights on products that they do not have VERO rights to. Its disappointing to report, but evidence has proven that many upstanding POWERSELLERS are involved in this “crime”.
The second problem is the actual “eBay” aspect. Supposedly, eBay MANUALLY reviews each repot before pulling the listing or handing out bans. I have personally found this to be false.
If you have been a victim of false VERO rights claims, there’s a lot you can do. Here’s my quickie guide to aid this process. BE SURE TO KEEP SAVED RECORDS OF ALL COMMUNICATION. I highly suggest screenshots of every piece of evidence.
1. After your listing has been pulled, you need to dispute it with eBay. Write to them request for the VERO rights owner information. By law, they MUST provide you with this. If they do not provide you with this information, you are looking at a different case.
2. After receiving information, you will want to contact the seller. I suggest NOT calling. You need physical evidence. Email them with details.
3. If you do not get a response from the VERO owner in a reasonable amount of time, you need to give this information to eBay
4. If you are found to be in the right, you now have a case. You will want to begin building your suit against eBay.
5. If your listing is NOT specifically for “VERO” rights, but instead for “copyright infringement”/ “trademark infringement” and it is FALSE, read THIS article.
What You CAN Sue eBay Over: Double Billing, Slander, Suspensions and More
When it comes to suing eBay you must know that you are setting yourself up for a long travel. BUT the long travel is worth the time and effort because you are SEEKING JUSTICE. Before you file a suit you need to recognize your intentions.
Are you suing over principal?
Are you suing to get rich quick?
Are you suing to prove a point and make your voice heard?
Are you suing to be reimbursed for damages?
People file suits for all different reasons, but if your main intention is to “get rich Quick” or “come out ahead”, you’re all ready making a mistake.
A lawsuit is not designed to put you ahead. A lawsuit is designed to “make you whole”, to pay you the monies you have lost or will lose in the future due to wrong doing by a business or individual.
From personal experience, I can tell you that many times you can win large sums of money and never see a single penny of it. Although this is unfair to you, you must take into account that you have still made an impact and justice has been somewhat indirectly served. If you file a suit against a company that forces them to change their policies and ultimately helps other people, you have still won in the long run, although maybe not in a financial aspect.
When suing eBay you need to have reason and proof to back up your reason. One of the biggest mistakes is that people don’t take the time to read and investigate. I can not tell you the number of emails I have gotten from people telling me that eBay unjustly suspended them. I ask these people to forward me screenshots of the listing they received the suspension over and within 30 seconds I find things that outright violate eBay policy. When I respond to the individual they say “Oh! I never read the rules. Sorry!”
If you have a problem, you must research first. Take time and go through the eBay help section looking for policies that related to your suspension. After you have done your research and can PROVE that you were FALSELY suspended THEN you have your case.
If you can not prove anything, you have no case at all and you need to call it a loss and move on with life.
WHAT YOU CAN SUE eBAY OVER
1. False suspensions, bans, terminations, etc
2. Double Billing
3. Inaccurate Billing
4. Slander
5. VERO RIGHTS
6. And more
WHAT YOU CANT SUE EBAY OVER
1. Your stupidity
a. If you purchase an item that is accurately described and you chose not to read the description, it’s your own fault.
2. Counterfeit items purchased. Unfortunately, if you win a counterfeit item, you will have to file disputes through Pay Pal. You will need to prove your item is indeed counterfeit. Generally you’ll be refunded. If you’re not refunded, you may have a case. DO NOT SHIP YOUR ITEM TO PAY PAL TEXAS ADDRESS, this is currently being investigated.
3. Bad feedback
4. Harassment from other sellers. Before you move to file a case, you have other avenues. Read about “Cease and Desist”
5. Loss of income due to pulled listings that violated eBay policy
6. And more
Are you suing over principal?
Are you suing to get rich quick?
Are you suing to prove a point and make your voice heard?
Are you suing to be reimbursed for damages?
People file suits for all different reasons, but if your main intention is to “get rich Quick” or “come out ahead”, you’re all ready making a mistake.
A lawsuit is not designed to put you ahead. A lawsuit is designed to “make you whole”, to pay you the monies you have lost or will lose in the future due to wrong doing by a business or individual.
From personal experience, I can tell you that many times you can win large sums of money and never see a single penny of it. Although this is unfair to you, you must take into account that you have still made an impact and justice has been somewhat indirectly served. If you file a suit against a company that forces them to change their policies and ultimately helps other people, you have still won in the long run, although maybe not in a financial aspect.
When suing eBay you need to have reason and proof to back up your reason. One of the biggest mistakes is that people don’t take the time to read and investigate. I can not tell you the number of emails I have gotten from people telling me that eBay unjustly suspended them. I ask these people to forward me screenshots of the listing they received the suspension over and within 30 seconds I find things that outright violate eBay policy. When I respond to the individual they say “Oh! I never read the rules. Sorry!”
If you have a problem, you must research first. Take time and go through the eBay help section looking for policies that related to your suspension. After you have done your research and can PROVE that you were FALSELY suspended THEN you have your case.
If you can not prove anything, you have no case at all and you need to call it a loss and move on with life.
WHAT YOU CAN SUE eBAY OVER
1. False suspensions, bans, terminations, etc
2. Double Billing
3. Inaccurate Billing
4. Slander
5. VERO RIGHTS
6. And more
WHAT YOU CANT SUE EBAY OVER
1. Your stupidity
a. If you purchase an item that is accurately described and you chose not to read the description, it’s your own fault.
2. Counterfeit items purchased. Unfortunately, if you win a counterfeit item, you will have to file disputes through Pay Pal. You will need to prove your item is indeed counterfeit. Generally you’ll be refunded. If you’re not refunded, you may have a case. DO NOT SHIP YOUR ITEM TO PAY PAL TEXAS ADDRESS, this is currently being investigated.
3. Bad feedback
4. Harassment from other sellers. Before you move to file a case, you have other avenues. Read about “Cease and Desist”
5. Loss of income due to pulled listings that violated eBay policy
6. And more
How to Get REAL Free Legal Help Aid in eBay Cases and Others
After you have began to structure a case against eBay and gathered all necessary evidence, you will want to make sure what you have to work with is legitimate. My biggest suggestion is to call your local court house and ask for a phone number for FREE LEGAL HELP/AID.
I was able to use this phone number in many of my cases and its absolutely WONDERFUL. The lawyers who work for free legal aid will give you real, skilled information that you can rely on - and best of all, it’s truly free. They never try to sell you a single thing.
ADVICE: Before you call, really plan out what you will say. Free Legal Help is a service in each state that is amazingly busy. They deal with people losing their homes, children, etc. They don’t have time to review your entire situation so get to the primary facts and don’t stray from the conversation. If you start getting into your personal emotions and how this has effected your life they’ll tell you to call back when you want to discuss the issue at hand. You’re only going to get about 5 minutes of phone time TOPS. So make it worth it!
• DO NOT CALL UNTIL YOU HAVE READ THIS ARTICLE and gathered all appropriate information!
I was able to use this phone number in many of my cases and its absolutely WONDERFUL. The lawyers who work for free legal aid will give you real, skilled information that you can rely on - and best of all, it’s truly free. They never try to sell you a single thing.
ADVICE: Before you call, really plan out what you will say. Free Legal Help is a service in each state that is amazingly busy. They deal with people losing their homes, children, etc. They don’t have time to review your entire situation so get to the primary facts and don’t stray from the conversation. If you start getting into your personal emotions and how this has effected your life they’ll tell you to call back when you want to discuss the issue at hand. You’re only going to get about 5 minutes of phone time TOPS. So make it worth it!
• DO NOT CALL UNTIL YOU HAVE READ THIS ARTICLE and gathered all appropriate information!
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