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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 88758
Experience:  Attorney experienced in commercial litigation.
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I sell on eBay w $500000 in total sales of used merchandise.

Resolved Question:

I sell on eBay w $500000 in total sales of used merchandise. eBay recently changed criteria for sellers w 4 different itineraries where they expect 99% or better customer satisfaction. One of these being item as described. They don't look at lifetime sales just 1 calendar yr. I sell used so condition will vary by opinion. I give 100% satisfaction or full refund w return. Mine is not 99% but 98.70% in that category. eBay allows returns non paying bidders items broken during shipping and anyone who wins auctions to evaluate. They destroyed my business by yanking my acct. I have been selling since 2001 and they put me on indefinite suspension which customer service said was permanent
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Legally, the eBay site is a privately owned site and they have a right to set their rules and those on the site who sell have agreed by signing up to be bound by those rules. Similar to this site here where they set arbitrary and unreasonable criteria which can lead to removal of experts (expecting us to get positive feedback when we have to tell many customers the laws are not favorable to their situations), when you are removed there is legally no recourse as long as eBay is doing this in accordance with their rules and terms of their service I am afraid.

If eBay did this contrary to their policies, then you could have grounds to sue them for breach of the terms of service. However, I am afraid your only right to sell on eBay is contractual based on the terms agreed upon with eBay and the seller.

Legally I am afraid that their site is entitled to set their rules and all you can do is send a written appeal to them making your case for reinstatement with them and that is really all you have a legal right to do in this case.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 10 months ago.
I signed on as seller prior by 10 years to this addition. I didn't sign any agreement to these added terms. Might I also add I called in aug and they told me the criteria I needed to follow and they agreed I did (I'm sure was recorded) and they never told me in aug of possible acct termination. I thought eBay was owned by stockholders. I was halfway to having restrictions removed and they tanked my acct said percentage based on year.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Believe me I empathize with you here more than you might even realize, because as independent contractors with this service we suffer the same problems you are facing. Thus, it is not that I am brushing you off with this one, but eBay has the right to change their terms of service and if you look at the terms of service (just like this site's terms) it will state that in there. The stockholders may own the financial interest, but the eBay administration sets the rules.

I wish I could come up with a way to make this better for you, because it would not only benefit you but the experts of this site as well and believe me not only have the numerous legal experts on this site been looking for a way around it, I have as well. Unfortunately, right now you are bound to the eBay terms and you have to appeal with them and you need to keep up the appeal on them without being threatening to try to convince them based on your outstanding 10 year history to allow you back on the site.
Customer: replied 10 months ago.
There are 1000s of folks in my position I appealed w someone in trust and safety they practically laughed at me and said appeal filed which I doubt and continued to read from preprinted script. I had followed their advise 100% and still got tanked. There are online forms on ebay to report problems w feedback left by problem bidders returns cancellations etc which I filled out time and time again which went no where which is a breach by eBay trust and safety said they no good you have to call so why are they there to deceive? Something has to be done somewhere when they can continue to run and deceive like this. There are many supporters of what I'm saying on eBay forums. Even independent stores operate trying for customer satisfaction they can't get 100% yet individual retailers aren't tanked because of this. There has to be a law with free enterprise and businesses rights to comply by a common law instead of a dictatorship
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

I am aware this has happened to many people, we have had numerous eBay sellers come here with the same complaints. Unfortunately, legally they are right as they own the site and control who gets to be an independent contractor on their site (again, the experts on this site go through the exact same thing you are complaining about, so it is not like I do not agree with you, but all I can tell you is what the law is).

You are talking about "common law" instead of a dictatorship, but it is a free market economy and ebay is a private site so they have the right to choose who will be on their site, just as JustAnswer.com® has a right to decide which experts will be on their site and while I do not like the rules ebay uses to remove sellers, to dictate to them who they have to have on their site selling would be the exact same thing as you are complaining about just from the other side, as dictating is dictating.
Customer: replied 10 months ago.
What about independent malls do those renters have a right to tell their stores how to run their business? Whatever happened to free trade . There has to be something as the general sensuous is people find this outrageous that this can be done. Someone has to have the courage to stand up to this machine that can dictate free trade
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Actually, the malls have a right to renew or not renew a lease of any tenant. They have no right to continue renting beyond their lease. You are not being stopped from selling, you can sell on any other site you like, just not on eBay (of course I know they are the biggest online auction site). However, you are talking about dictatorship just to the opposite direction by forcing a seller down eBay's throat just like you are complaining about eBay being a dictator in removing sellers over their silly satisfaction ratings policies.
Customer: replied 10 months ago.
But mall owners don't tell stores how to sell bet there is a law protecting the renter. I complied w their aug directions and still terminated eBay lets anyone sell but dictates how to do it
Expert:  Law Educator, Esq. replied 10 months ago.
Yes, the renter's protection is the written lease they have.

Here you have no lease, you have the terms of service of eBay which you have agreed to by signing up to the service. It is eBay's site and they still have the right to dictate their terms of service and you do not have a written lease for a store like in a mall with them that guarantees you at least for a specific time like a retail mall store does.
Customer: replied 10 months ago.
You're a nice guy I'm sorry to dump on you. If someone finds a law to demolish their terms I'm in as a litigate. Sorry I took up so much of your evening. I know you didn't have to continue to answer me. Sad I had 20000 plus sales and close to 99 % feedback goes to show u big time they don't care. Esp those jerks in Taiwan they send tanked sellers to talk to. I'd like to get paid what they do to read from a script :(
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

I would love to find a law to use, because it would be of use to me and the experts on this site as well, but right now there are none and perhaps congress will pass one in the near future.

I would still keep on eBay with letters and calling to try to negotiate with them to get let back on. Of course, you can also go to some of the other sites, like Amazon or even set up your own site, which may not make you as much money but at least gives you a way to sell your items.
Law Educator, Esq., Lawyer
Satisfied Customers: 88758
Experience: Attorney experienced in commercial litigation.
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