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Class action against e-bay?

Has anyone heard or can confirm this. I was told that there is a class action suit against e-bay concerning their card auctions. But I have no details.

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    RufussCkingstonRufussCkingston Posts: 1,490 ✭✭✭✭

    Being that there is an arbitration clause in the user agreement, a class action is not happening unless it was really egregious to pierce the clause.

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    19591959 Posts: 614 ✭✭✭

    THANKS RUFSS.

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    82FootballWaxMemorys82FootballWaxMemorys Posts: 1,296 ✭✭✭✭✭

    @RufussCkingston said:
    Being that there is an arbitration clause in the user agreement, a class action is not happening unless it was really egregious to pierce the clause.

    AKA a license to commit atrocities.

    Unless otherwise specified my posts represent only my opinion, not fact.

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    ringerringer Posts: 342 ✭✭✭

    What would be the grounds for the suit?

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    CrashingwavesCrashingwaves Posts: 171 ✭✭✭

    Wish a class action would be launched on eBay's managed payments and charging a fee on the taxes they collect. As a Canadian, I have no idea about state taxes... sales to California raise my fees well over 14%.

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    craig44craig44 Posts: 10,549 ✭✭✭✭✭

    not sure what the class action/arbitration would be about concerning Ebay. If it is about policies or fee structure, all the information would be in the user agreement.

    No one is being forced to use Ebay.

    George Brett, Roger Clemens and Tommy Brady.

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    82FootballWaxMemorys82FootballWaxMemorys Posts: 1,296 ✭✭✭✭✭
    edited May 7, 2021 12:07PM

    @craig44 said:
    not sure what the class action/arbitration would be about concerning Ebay. If it is about policies or fee structure, all the information would be in the user agreement.

    No one is being forced to use Ebay.

    No one is being forced to use Ebay ; Correct statement. Still in the USA at least it does not preclude them or any other business if they are in violation of anti-trust legislation. Both US Political parties seem to be on the verge of anti big-tech agenda's. Behemoths like eBay perhaps might start to think about pissing people off less and be sure to stick to the very letter of law.

    Their user agreement does not make them above the law of any local, regional or governmental jurisdiction in which they do virtual business. If suit is brought forth is it up to the legal system of the appropriate governance to decide.

    Collecting fees from sellers based on sales tax totals seems legally nebulous. A set tax processing fee is probably fine, but it costs them no more to do that for sales tax on 10 dollars than for 1000. I think when all is examined will show eBay is generating revenue on sales tax. I one day look forward to that entering the courts.

    Unless otherwise specified my posts represent only my opinion, not fact.

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    coolstanleycoolstanley Posts: 2,463 ✭✭✭✭✭

    @Crashingwaves said:
    Wish a class action would be launched on eBay's managed payments and charging a fee on the taxes they collect. As a Canadian, I have no idea about state taxes... sales to California raise my fees well over 14%.

    I got charged 15% for purchasing a card from Washington DC.

    Terry Bradshaw was AMAZING!!

    Ignore list -Basebal21

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    Mickey71Mickey71 Posts: 4,234 ✭✭✭✭

    Every time I've viewed the fee structure I cannot figure it out. Very, very confusing. Did I say very confusing? They even tack a fee on to your shipping, which seems unfair. They also make it almost impossible to combine shipping. Buyers never know the process. If I have 10 buyers who buy multiple items only 1 knows how to request combined shipping. I've always believed when things are not easy to understand/transparent, then there is something negative/wrong hidden.

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    beachbumcollectingbeachbumcollecting Posts: 461 ✭✭✭
    edited May 9, 2021 6:47AM

    I don't know the answer , when you buy something at Best Buy and pay with a credit card, does the processor charge a fee on the tax? I assume yes.

    so if they charged the processing on the tax at say 3% and then FVF on the rest that would make sense and be consistent. I think it is a fruitless argument however because if eBay did this they would just increase the selling fee by .75% . So we should probably think of it as we get a discount on low tax states

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    gemintgemint Posts: 6,069 ✭✭✭✭✭

    I too think it's questionable whether charging a fee % on the sales tax you pay is legal. I know that credit card companies have strict guidelines on any fee charged being a flat fee and tied to providing an actual convenience. I guess eBay can argue that they are paying the sales taxes for sellers which is a convenience. However, at best, a flat fee regardless of tax amount may be legal. I don't see how a % of tax payment would be legal.

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    grote15grote15 Posts: 29,535 ✭✭✭✭✭

    For any retailers here, does the CC processing fee apply to gross receipts including sales tax collected on a purchase? If that is the case, this is probably no different.



    Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.
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    weaselpuppyweaselpuppy Posts: 218 ✭✭✭

    Sorry, services firm here, so I don't have any sales tax to collect when people hit my Square account or through my previous Merchant Account through my bank, which was gigantically confusing and hard to use, because banks gonna bank.

    I do read on Square's FAQ pages that the fee they charge also is on tax and tip amounts, so that's likely industry standard.

    https://squareup.com/help/us/en/article/5671-can-i-apply-a-surcharge-to-square-sales

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    82FootballWaxMemorys82FootballWaxMemorys Posts: 1,296 ✭✭✭✭✭

    ^ Thanks for the info.

    Unless otherwise specified my posts represent only my opinion, not fact.

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    JoeBanzaiJoeBanzai Posts: 11,227 ✭✭✭✭✭

    Years ago a buddy of mine joined a health club. Part of his "agreement" was that the club wasn't liable for him getting hurt even if they were negligent.

    I said WHAT?

    That's not really legal, it's used to limit liability. Any contract that is deemed unjust enough can be overturned. You can't legally agree to participate in fraud.

    Collecting taxes and not paying them doesn't sound legal to me. Especially if I sell in a state without a sales tax to another state without a sales tax, who would even be there to collect it?

    2013,14 and 15 Certificate Award Winner Harmon Killebrew Master Set and Master Topps Set
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