Class-action lawsuit
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Grandstanding Collector

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Post Posted: Wed Aug 11, 2004 10:30 pm 
 

OK, here is the scoop:



The lawyers said at first that it would be fruitless to sue eBay. They have sustained several lawsuits, and won all of them.

After I explained that the lawsuit would not include monetary damages, they looked a little crestfallen, but were listening. They felt at first that it would still be a tough sell, saying that eBay is only a venue, not the actual perpetrator. I countered with the case of Napster, and what happened to them. This got attention. The case can be argued that eBay is not taking actions to prevent CRIMES using their venue in this case. I do know the FBI has nailed several people for eBay fraud, but they only get involved when the perp steals thousands or more $$.

So, if a suit were filed, there would have to be several perps (not just Game EmWhorium) identified, with multiple fraud infractions. As many victims as possible would have to be contacted, and affidavits obtained. Our goal would probably be to force eBay to ban sellers after X number of fraud infractions.

I am willing to file the lawsuit, but I do not have the time to research bad sellers and contact the victims. If someone(s) in here is/are willing to help me, I'll do it. We do have a very astute resident investigator in the Acaeum (hint). The suit, if it is heard, is guaranteed to make headlines, and I imagine the Acaeum's membership will multiply by 500% at least.

Then, of course, Scott will charge posting fees.........


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Post Posted: Wed Aug 11, 2004 10:43 pm 
 

Hiya,



Thanks for pursuing this! Am sure we should all be interested, even if we haven't had such bad experiences, personally :)



> The case can be argued that eBay is not taking actions to prevent CRIMES using their venue in this case.



Did you get a chance to put across my additional point ( Game Emporium strikes again! ) that eBay by invitation do grant "Power Seller" status, which could be construed as aiding and abbeting in such criminal activity, rather than just merely "being a place for everyone to deal"?



(A high feedback seller could have /dozens/ of such negatives, and still be a "Power User"...).

  

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Grandstanding Collector

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Post Posted: Wed Aug 11, 2004 11:23 pm 
 

I didn't get into the deep details with them, unfortunately. It would be up to me/us to gather the necessary points and arguments. I may lean on the jackals, er, lawyers for a bit of legal advice, but I don't think I want to leave it to them, since there is no money involved, and I am unsure how diligent they would be because of that, even though they owe me.


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Post Posted: Wed Aug 11, 2004 11:32 pm 
 

Deadlord36 wrote:I didn't get into the deep details with them, unfortunately. It would be up to me/us to gather the necessary points and arguments.


k...

And could certainly cast around to see whether other hobbyists (outwith RPG) might be thinking along similar lines-- if it's permitted to post that sorta thing on the community boards, for example!



Deadlord36 wrote:I may lean on the jackals, er, lawyers for a bit of legal advice, but I don't think I want to leave it to them, since there is no money involved, and I am unsure how diligent they would be because of that, even though they owe me.


Wow! What level of spell is that?? 8)

Impressed...

  


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Post Posted: Thu Aug 12, 2004 12:23 am 
 

8O



It would be very impressive if this was instrumented.  It would be a huge undertaking, involving literally hundreds of people.



The first step would be to define the scope of the action, and who would/would not be included.  To make it stick, you would have to go far, far outside of the D&D collector community, and into the most notorious eBay fraud stories to date.  The more famous and vigilant people you get involved, the easier it will become.



eBay Fraud Leads:



The Sal Wise computer fraud

http://www.timetombs.net/blog/?itemid=520



The Stewart Richardson figurine fraud

AuctionKnowHow.com



The Electro laptop fraud

eBay Auction Fraud Spawns Vigilantism Trend



Those are the big ones that I know of.  Feel free to add to the list.  If there is a verifiable auto, real estate, antique, or archaeological rarities scammer, for example, that would be huge.



The research would take weeks, before anyone is contacted.  It would be crucial to go to websites that monitor fraudulent activity and offer advice; the three links above are just a start (see the main pages there).



Once the advice of all these people is sought and collaborate, you would have to set up an e-mail group so that the primaries could discuss a course of action with one another.  Then, it's time to "go public."  Post requests in eBay's forums, seeking people who have been scammed and for information on which sellers have a history of fraudulent behavior.  I have no idea how eBay would respond to this; you might need to use a scapegoat ID.



Then you hit the media outlets -- Slashdot, for example, possibly even CNN and MSNBC.  Before doing this, you would of course consult with your lawyer(s).



Good luck …

8)

  

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Grandstanding Collector

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Post Posted: Thu Aug 12, 2004 1:42 am 
 

Are you in?

Like I said, if I can get enough people together, I will do the majority of the work. I'd just need to be able to rely on others to help out, because it would indeed be a huge undertaking. However, the rewards.........

Oh, and I'm pretty sure I can handle the fake ID......


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Post Posted: Thu Aug 12, 2004 10:54 am 
 

I can't commit.  But I'd be happy to assist as an occasional advisor.

8)

  

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Post Posted: Thu Aug 12, 2004 9:03 pm 
 

Deadlord36 wrote:
but they only get involved when the perp steals thousands or more $$.





We don't call them "perp" anymore.  That's only on televison.  :)



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Post Posted: Thu Aug 12, 2004 9:26 pm 
 

Oh, sorry. The dickhead who steals. Is that PC?


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Post Posted: Thu Aug 12, 2004 9:32 pm 
 

Deadlord36 wrote:Oh, sorry. The dickhead who steals. Is that PC?




Didn't say it had to be pc, I think that pc crap is overrated.  Just said we don't use "perp" anymore.  I do like the sound of "dickhead who steals" though.  :D



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Post Posted: Sat Aug 28, 2004 10:45 am 
 

There is a class action law suit getting off the ground on http://www.ebayersthatsuck.com which is looking for people to sign up and provide them with information.  It appears they have two lawyers on board and are looking for more.

  


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Post Posted: Fri Apr 08, 2005 1:29 pm 
 

Are you still going to file a class action lawsuit against eBay?  Please let me know because I am also looking into it.  They are refusing to abide by the Buyers Protection Prgram and will not reimburse me the money I lost from a Seller committing fraud online.  Please email me at [email protected], perhaps I have some informaiton that can help you too.

  


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Post Posted: Fri Apr 08, 2005 8:11 pm 
 

Hey,
I've been helping in another way - reporting D&D copyright infringement (e-book sellers/PDF sellers) directly to WOTC.

Should I go and see if they want to help us, and therefore help themselves, or would that just cause more confusion?


Dave, get the barbarian in the corner a drink, quick!

  

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Post Posted: Fri Apr 08, 2005 8:54 pm 
 

It would help immensely.


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Post Posted: Fri Apr 08, 2005 9:36 pm 
 

I got a feeling people like cougertard would be in for some deep shit lol......  or that canadain bastard who riped me off.

  


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Post Posted: Sat Apr 09, 2005 8:18 pm 
 

Okay.

Just sent a url link directing WOTC's legal dept. to this discussion list and the one to report copyright infringement.

Also asked them if they could have their legal dept. check in on the discussion and give some input.


Dave, get the barbarian in the corner a drink, quick!

  
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