Hello jessielavon (jessielavon*),
This email is to notify you that your account has been indefinitely suspended from eBay due to violation of our Shill Bidding Policy.
Shill Bidding is bidding that artificially increases an item's price or apparent desirability. Shill Bidding is prohibited on eBay. Information on eBay's Shill Bidding Policy can be found at:
http://pages.ebay.com/help/policies/...l-bidding.html
Your account has been found to be involved in Shill Bidding with the following associated account(s):
<<please enter other account id's here>>
Due to the suspension of this account, be advised that you are prohibited from using eBay in any way, including using other existing accounts or registering new accounts. Please be aware that you are ineligible to apply for reinstatement for a minimum period of 12 months, after which time your account may be considered for reinstatement.
Regards,
SafeHarbor Department
eBay, Inc.
MY LAYWER IS FILING A LAW SUIT.Please email me with any info that might be helpful.I am not going to just sit and complain but will take action.
Answer
Please notice that this post (#96) was made to a thread that was last posted to Sep-29-04.
jessielavon: it would probably be better to start a new thread - when these old ones get dredged up it is confusing to people who don't notice the date. This one was last active 2-1/4 years ago.
Sorry you are having to deal with this. Why did eBay think you were shill bidding?
Answer
jessielavon,
I am not defending eBay, rather to help you, I am calling attention to a couple points from eBay's User Agreement. It is presently located here:
http://pages.ebay.com/help/policies/user-agreement.html
I am not an attorney and am not giving you legal advice, only showing you things you and your attorney probably need to review. If your lawyer is filing a suit against eBay, you probably should show him/her a copy of your user agreement with them and particularly the indemnity, release, jurisdiction, and arbitration parts of it BEFORE HE FILES SUIT:
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. What indemnity (indemnification/indemnify) means is that if eBay incurs expenses (damages), the user has pre-agreed to reimburse their expenses.
He will also be interested in these parts:
Liability
...
Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. ... Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Those mean you have released them from damages already if there are any to whatever extent the U.S. and California Law permits. You agreed not to hold them liable for damages and understood there is no warranty on the service.
Resolution of Disputes
If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up to $1000, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Answer
Jesse, have you tried logging back into your eBay account? Just in case the email was a phishing spoof.
Answer
Besides from all the legal liability releases, there is the very basic argument that Ebay is a commercial site has the right to kick anyone off. They don't even need a reason. The only limitations a business has to refusing or limiting it's services is if it falls into the area of discrimination, which doesn't seem to be your case.
We had a local case where a door to door salesman started using the local McDonalds to hold sales meetings. These people would take up half the seats for 2 hours and only order coffee. The manager kicked the salesman out and said he could not return. The salesman sued and said that McDonalds was interfering in his business, costing him money, and had no right to throw him out. Local judge threw out the case at hearing - the salesman had no case. McDonalds has a right to deny services, especially when they believe it interferes with their business.
It doesn't matter if you were Shill bidding. You have no cause of action. You have no basis for a lawsuit. They can kick you off just because they feel like it. You have no right to use the service.
I'm an online store owner, and if I don't like a customer's demeanor, I can cancel their sale and delete their order. I've only done it once, but I have every right to. It's MY store and if I don't want to do business with someone, I don't have to.
Answer
I doubt the original poster will return. Oh well.
Answer
A person can get tagged for shilling if a friend uses the same PC to place a bid as that used when posting the listing. That could be the reason behind the accusations.
The seller has (had) an eBay ID the same as that shown here on here, and it is in fact disabled (NARU). It looks as though the seller stopped selling for a time, as their latest feedback goes to 2005, but then started selling again a few weeks ago this year and had some sales - both auctions and BIN. But no current listings (probably deleted by eBay).
I read one of their closed listings and it seems that the seller's mother died this past September, and I suspect there has been some major changes in the seller's life, so let's show some compassion should the seller return and respond in the thread here.
I think the paintings they were selling were a valuable attribute to the eBay marketplace, and I hope the issue can get straightened out if the circumstances indicate a legitimate local buyer other than the seller set off the red flags on eBay. Given the low prices on their closed listings, I don't think the seller trying to dupe anyone, but then again, they may have some more listings deleted that did show some abuse.
In any event, I'd like to see things work out for them.
Answer
A person can get tagged for shilling if a friend uses the same PC to place a bid as that used when posting the listing. That could be the reason behind the accusations. or maybe they where shilling
Answer
Well, here's a different perspective. I hope he/she DOES take them to court. AND I hope he/she wins and knocks them down to one knee.
Answer
A person can get tagged for shilling if a friend uses the same PC to place a bid as that used when posting the listing. That could be the reason behind the accusations. Oboy, in all the years I've been ebaying, that's happened more than once.
There have been time when I've shown a friend, room mate or whatever my auctions from my 'puter. They've logged into their ebay account and bid. Not shilling, just bidding.
Dodged a bullet there.