Ebay Class Action Lawsuit?

This was found in my Weblog Spam folder. While it may be a valid question, the fact that it originated from an Australian server and the guy is in New Jersey is probably why it got tagged. However, I also found it a little suspicious that his website has a link to Mr. Auction Vendetta’s blog (maybe a friend??? who knows). It’s been four days since a sent this guy an email and have receive no response.

Anyway, here’s his question/comment, followed by my reply.

I came across your website as I am fascinated with auction law and the auction process. I used to sell on Ebay. Since you are into electronics, you may find this fascinating and ripe for a class action lawsuit. Ebay claims they list items for 3, 5, 7, or ten days, but in fact this is not accurate. When a user posts an item, it takes upwards of 4 hours for the item to be found on the auction site. Thus a 3 day auction is really more like a 2 day and 20 hour auction.

Is is possible to be updated as to your new blog posts? Also, as an auctioneer, besides Ebay, would you be able to recommend any good dealers of Star Wars collectibles?

Thanks,
Rick

—My reply—

Rick,

Your post in the Auction Law blog was detected as “spam”. I am assuming that it is because the IP you were logged in under was in Australia (part of the Asia Pacific Network, which has a high rate of spammers). Looking at your website, it appears that the phone number is in New Jersey. So, I guess I’m a little confused, unless you’re using one of the random identity servers.

To get updates, if you are logged into WordPress/Weblog, you will find a “Blog Info” button in the top right corner and you can just click “Subscribe to Blog”. You can also use an rss reader.

I don’t do much on Ebay, except buying occasionally. I’ve listed a few items over the last 10 years, but I’ll usually sell my items through a live auction. Most items tend to do as well, if not better than on Ebay. Of course, there are the exceptions.

As far as my electronics background… while I still find myself fixing my own computers when I have to, I’m trying to forget as much as I can about it. That is my past and while it was a good career, it’s not what I do today. Your idea of a lawsuit based on Ebay‘s posting criteria… I would recommend talking to a lawyer. However, I personally don’t think it would have much of a chance of winning. Keep in mind, it says “days”, not “hours” (you’ve got to think about how a lawyer can rationalize it). So, if it was posted on a particular day, given a “reasonable” period of time for the computers to respond to the massive amounts of data that are being submitted, the listings are still posted for the “stated number of days”. It’s kind of like waking up at 5:00AM or 8:00AM… in the evening, you look back and you still had “your day”. (OK, maybe that isn’t the greatest explanation, but you get the idea.) Anyway… like I said, you would probably want to talk to a lawyer. There’s always one somewhere that will take on just about anything. (I’ve got two in my family.)

Finally… STAR WARS!!!! Sheesh… You already missed it! In the past few months, we have done two auctions with lots of Star Wars (& some Star Trek) collectibles. It’s not something we do regularly… we just happened to have two large consignments come in. Of course, we get stuff like that off & on, but not normally enough to feature an auction. But, then again, it would be a long trip from New Jersey… and one of the reasons I don’t do much on Ebay is I don’t care for the packing and mailing. At least, at a live auction, they just carry it out after they’ve paid for it.

You can also find live auctions listed on AuctionZip.com and search for items you’re interested in.

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4 Responses to Ebay Class Action Lawsuit?

  1. Gary Johnson says:

    Hello,
    New to blogs, but have a question about an EBay auction transaction.

    I bought a 1962 Thunderbird from an attorney in New York state. I paid for it and had it delivered to me in Virginia. I have been trying to get a transferable registration (New York does not have titles for older cars) from the seller for almost 9 months now. According to the seller, they cannot get such a document from the DMV and considered buying the car back. However, since the car has been in my possession, I have spent approx. $11,000 in purchase, delivery, restoration, and parts, all under the misguided assumption that I would be receiving clear title to the vehicle as it was listed on the EBay auction.

    My questions are:
    Can I file a suit In Virginia, to be heard in courts here, or do I have to obtain counsel and file in New York state?
    Any other recourse avenues that I might investigate?

    Thanks you

  2. Auction Law says:

    I’m not a lawyer, but from my understanding, you often may have to file suit in the other person’s jurisdiction, unless there was contract that specifically determined where such actions could be filed.

    I would certainly investigate further, before filing suit, as it is a costly endevour and tends to take a long time before actually getting anything resolved.

    NOW… I am not sure I fully understand your situation, as something just doesn’t sound right.
    First, I would like to point out that title and registration are two different things.
    A Title shows ownership of the vehicle.
    Registration is getting license plates for the vehicle in your state.

    So, you have to have a Title before you can register the vehicle. It would not matter if the vehicle is Registered in NY or not. And in the case of an old car sitting for a long period and not being used on the road, the owner may not have kept the registration (license plates) up to date. However, there is still a TITLE showing ownership in some state (depending on where it was last titled). I can only think of three possibilities why someone would not have a title for the vehicle.
    1.) the vehicle is stolen (but there’s a title somewhere showing the actual owner)
    2.) the title is lost (in which case, the owner applies for a Duplicate Title through the state)
    3.) the title was never transferred from the previous owner, during a sale of the vehicle (in which case, it may be difficult to locate the prior owner). However, it may still be possible to get a title, but it usually entails a lot of paperwork, a Bill of Sale & affidavits to support the request for title through your own state. The DMV may also run the serial numbers to make sure it’s not stolen.

    Here’s links to NY DMV on Title & Registration:
    http://www.nysdmv.com/regtitle.htm
    http://www.nysdmv.com/register.htm

    Here’s the link to Virgina’s DMV:
    http://www.dmv.state.va.us/webdoc/citizen/vehicles/index.asp

    I can’t believe this guy is a lawyer. However, if you can’t get him to provide a Title (you might refer him to the websites), I would certainly ask why he can’t provide a title to the car.

    As a last resort, I would recommend talking to a lawyer. Preferably one that might also understand NY laws.

  3. suing vehicle title says:

    […] for the vehicle in your state. So, you have to have a title before you can register the vehicle. …https://auctionlaw.wordpress.com/2007/09/25/ebay-class-action-lawsuit/New Hampshire DMV Regulations for Buying &ampamp Selling Vehicles – DMV.ORGBe sure the seller has […]

  4. Jeanette Cajero says:

    interesting article I have just added you to my favorites list. Keep up the good work!

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