Ebay alert - seller Great Comics

[Smokinghawk]

Just got a reply from my first "tip-off":

 

thanks for watching out for the ebay community.

I will be retracting all bids with in 24 hours.

thanks again

(name removed)

[blowout]

Good work.

[clobberintime]

I will send the info to ebay and see what happens. Legally speaking, I am vastly underwhelmed by ebay's response to these problems. Usually it takes this forum to get these problems resolved.

[blowout]

Legally speaking, I am vastly underwhelmed by ebay's response to these problems. Usually it takes this forum to get these problems resolved.

 

eBay needs a wake up call. No other buisness is allowed to operate in this way. They have to start taking some responsibilty for what happens in their marketplace.

[fantastic_four]

Howcome there are half a dozen county cops at my local mall on Friday/Saturday nights, but E-Bay seems to have nobody but the biased hired help? E-Bay does a WHOLE lot more business than my local mall does.

 

I blame the federal government for this, in part. But I guess we can't complain too much since not many people are paying taxes on Internet sales...

[murph0]

Just curious..if I were to buy from this guy and he rips me off..while eBay is knowingly allowing him to do this after they've received info warranting them to remove it..I can sue the hell out of him, but can that be grouped in with anyone else who's been screwed on eBay like that..so theoretically speaking could I get a class action lawsuit going against eBay?

 

Brian

[fantastic_four]

Theoretically speaking, it would likely cost more than everything you'd buy from him.

 

I keep hearing stories of DOZENS of class action lawsuits against E-Bay, but since none of them have made headlines, I have to assume they're all losing. I also heard once that at least 3 state's attorneys were suing them, but again, no headlines, so I'm assuming no outcome in their favors.

[ArAich]

Here is my cheesy email I sent to him through ebay.....

 

 

 

Hello,

I have been contemplating bidding on this item. However several people have told me that you may not actually have this book available. Could you please supply the CGC certification number for this book so that I may get the specifics.

Please respond a.s.a.p. as I truly wish to obtain this book for my collection.

 

 

 

[clobberintime]

That is what i would assume - it seems to me that you could say that it is almost a conspiracy with ebay a knowing and willing accomplice! That sort of stuff is way outside my practice but Ebay's response to this stuff should get them into trouble. This kind of stuff now happens on a pretty regular basis and ebay does the same thing every time - close to nothing. I do think they punish the unfortunate buyers who don't pay on these frauds and they have definite rules about contacting bidders. They do what they do to protect their slice of the pie - the rest is caveat etc. A very good way to run a business as Jamie pointed out. This stuff can't be all that hard to figure out on their end - maybe they will get zapped in one of those suits and things will change. Until then, it is a good thing these boards are around so people can get together to figure this stuff out and avoid these types of rip offs. And when i say conspiracy I mean the strict legal definition - acting with others to achieve a wrongful purpose. when they are repeatedly warned of these problems and do nothing, what else is one to think? it looks bad - like they are only in it to collect their fees - so what if it is a fraudulent transaction? They essentially provide the medium for the fraud to be perpetrated and do almost nothing to police the goings on even when they are told about outright theft!

[Foolkiller]

I think you'd have a very, very difficult time proving conspiracy in the criminal arena... there's no actus reus or substantial step to further proving there was some sort of meeting of the minds between ebay and the seller...

now a civil suit if a class of people have been defrauded as a result of ebay failing to take proper action to regulate their site...? what kind of duty to they have to the customers/bidders? a much more interesting question, one that I don't have an answer to? anyone have any thoughts? this is the second fraud auction that I've seen discussed at length here and there've been numerous other references...

[Aman619]

there's no actus reus

 

I had an active reus once...boy was that embarrassing..and it hurts like h*ll.

[Tomega]

Here are some other auctions that he may scammed the pictures and info from :

FANTASTIC FOUR ANNUAL #1

Old auction

 

same as

great comics auction

 

His auction

 

MARVEL SPOTLIGHT 9 CGC 9.4 5th GHOST RIDER

 

old auction

 

his auction

his auction

 

Hulk 181

 

old auction

 

 

his auction

His auction

 

 

These are in addition to what was listed before. We have to stop this guy since it looks like a scam. his contact information is correct though.

 

Tomega

 

 

 

 

 

 

 

 

[clobberintime]

Like i said i am no criminal attorney and the last time real conspiracy stuff crossed my desk was 13 years ago studying for the bar. Whether there is real crime or negligence by them, they have a very poor way of handling these things which I think they bear some liablity. There are many different types of conspiracies as I remember it and I believe there is room for argument when it appears one party knowingly facilitates other partys' abilities and intents of committing a felony - especially when ebay stands to make a big chunk of the change. Will have to llok and see some of the suits to see if anyone has attacked it from that angle. Also these suits could be brought in Fed Crt due to interstate traffic over phone wires and that is a very big deal.

[clobberintime]

What's worse is that nasty rash from mens rea! Talk about something Ajax can't scrub off!

[fantastic_four]

They claim they're only a "venue." In other words, if you get your wallet lifted at the mall, do you blame the mall?

 

They're different than a mall--perhaps different enough to change their liability from that of a mall--but that's the basic premise of their current stance. There probably needs to be federally funded law enforcement permanently assigned to E-Bay.

[fantastic_four]

I had an active reus once...boy was that embarrassing..and it hurts like h*ll.

Yea really...I love buffalo wings, but they make my reus really really active.

[valiantman]

if you get your wallet lifted at the mall, do you blame the mall?

 

You should if people were standing outside the mall security office

yelling..."Hey! That guy over there is stealing wallets! Him! Right there!"

(...but the security guys just close the blinds and go back to watching TV.)

 

A lawsuit would need to have proof that Ebay was properly and sufficiently

informed about the fraud, but still did nothing...

which would mean all of us would need to contact Ebay directly

so that we could prove "proper and sufficient" information,

and then we'd all have to be plaintiffs/witnesses.

No wonder none of the previous lawsuits have made it very far.

[clobberintime]

Well if you had a good attorney, you could blame the mall. Inadequate security etc. A lot of civil lawsuits are aimed at the guy who has the deepest pockets and fattest wallet - may not win at trial but may be a good idea to settle to avoid getting a black eye in public view!

[fantastic_four]

E-Bay has it better than the mall; you have to check off "I agree" to a "if I get screwed E-Bay is absolved of all blame" option button before you can buy or sell.

[valiantman]

EBay is only absolved of all blame until a judge says they're not.

 

That's what the "lemon law" on cars was passed for.