The eBay Equalizer: Tell eBay “never again”
The software arm of the U.S. Freedom Network’s parent has authorized a new free product to be developed immediately. This product will allow victims of eBay’s “Lord & Serf”, i.e., Buyer & Seller, class system to easily file small claims complaints, discovery documents, deceptive and misleading trade practices letters, and for those who can’t afford their state’s small claims fee, a “Motion for Indigency” which generally results in the waiving of the Court’s filing fees. It will produce over 30 pages of documents for a Pro Se complaint by simply answering a half-dozen or so questions with a short description of what happened. The user can easily attach photos, affidavits and other documents. The whole packet will then be ready for filing with the user’s local courts. The Internet is filled with horror stories about how eBay unlawfully passes the costs of their “Money Back Guarantee” to their sellers without the benefit of due process of law, violating the due process rights guaranteed to individuals by the 5th and 14th amendments of the United States Constitution, as well as most state constitutions. Don’t worry, the eBay Equalizer sorts it all out for you.
A primary example of these alleged criminal acts by eBay happened when a senior computer scientist, after having heart failure, took early retirement, bought a motor home and was about to embark on a lifetime dream, a trip around North America with his wife. Looking at all of the equipment he had accumulated throughout his almost 40 year career, he figured there would be some folks who may be looking for items like his, as many are no longer manufactured. He said better to sell them or give them away to people who needed them rather than pack them up and store them.
He put his 10 or so items up for sale at very low prices and all was going well. All of the buyers were sending him high ratings and saying thank you. Then came William (Bill) T. Ward, Jr. of Huntsville, Alabama, known on eBay as bill256. Ward, posing as an individual, but one with a business listing in the Yellow Pages, bought a computer monitor for $75 and made the unusual request to have it shipped priority mail which cost $57.10. Our Retired Computer Scientist seller gets a notice from eBay that Ward claimed the monitor was bad. Our seller actually got Ward to send him pictures to prove that Ward had, beyond a reasonable doubt, swapped parts from our seller’s monitor to put in his existing monitor.
Ward, possessing an intimate knowledge of eBay’s own “Money Back Guarantee” scam, sent the monitor back, even getting eBay to charge the return freight to our seller. The freight costs alone were significantly higher than the cost of the monitor. It gets worse. The evidence is clear to us after a close review, that Ward destroyed the monitor before placing it into the shipping box. On receiving the returned monitor, the seller took detailed photos showing that the cracked and broken corner of the monitor had a large piece missing which Ward neglected to place in the box prior to shipping it back, clearing proving that the monitor was NOT in the same condition as when it was sent to him. That goes way beyond reasonable doubt, it goes to seeing Ward with a smoking gun.
With all the evidence against Ward, eBay rules in his favor? See the unbelievable story, the pictures, affidavits and documents coming today. While our investigation is ongoing, it appears that eBay is running a scam of their own. They decided in favor of this buyer without a hearing, testimony or evidence of any kind. Adding insult to injury, eBay charged the seller the return freight to ship back a destroyed monitor. Are we still in the United States? But that’s not all, they not only keep their commission, they charge a $15 returned item fee. We think this rises to criminal behavior by eBay, what do you think?
While we could go into great detail, the letter that this seller sent to eBay describes the situation far better than we could and is a great example of the quality of the legal papers that the eBay Equalizer will shortly be cranking out for people all over the globe. It looks like eBay, with their Stalinistic methods, will no longer be bullying sellers. The silver lining is that instead of laying off employees as they currently are, eBay will be hiring. The bad news is that the employees they will be hiring will be attorneys needed to handle the thousands of complaints expected to be filed against eBay by the eBay Equalizer, monthly.
The Ace in the Hole: The eBay Equalizer will keep track of each and every complaint filed against eBay in an offshore, undisclosed location. With the complainant’s permission, each complainant will become part of a class for the filing of a class action lawsuit against eBay. Ouch!
Finally, it looks like us little people have a big voice to use against the new class of elitist overseers like eBay that have risen from the bowels of the Internet.
Here is an example of the eBay Equalizer’s Recommendations and Documents
Step 1: Stop the Bleeding;
a) Go to the eBay account panel and remove any and all credit cards. If you use PayPal, remove the eBay authorization. Instructions as follows:
- Log into your Paypal account
- Select Profile > My Money
- Under My Preapproved Payments, select Update
- Select eBay Inc under Merchant
- Select Cancel Subscription at the bottom of the page
b) Fax and send a certified letter rescinding any and all authorizations for eBay to withdraw funds from any and all bank accounts including but not limited to PayPal. Include notice that a criminal complaint will be filed if eBay or PayPal violate the conditions set forth in your letter.
The following is the letter sent by our Seller named above.
2065 Hamilton Ave
San Jose, CA 95125
Phone: (408) 376-7400
Fax: (408) 516-8811
ANY AND ALL ELECTRONIC PAYMENT AUTHORIZATIONS TO EBAY ARE HEREIN RESCINDED FOR ACCOUNT # XXXXXX EFFECTIVE IMMEDIATELY
INTENT TO LITIGATE
You are herein notified that all payments to eBay by account # XXXXXX are herein rescinded. This includes but is not limited to account authorizations for any and all electronic payments to eBay, including but not limited to any such payments from PayPal.
You have violated the due process clause of the 5th and 14th Amendments of the United States Constitution, as well as the due process clause of most state’s constitutions, upheld to be applicable in civil matters, when you ruled without cause or consideration in favor of the buyer in this case Id: ##########, denying us a fair and impartial hearing.
When we attempted to appeal this matter, your violation of these due process standards was made very clear, when your agent stated eBay’s policy of the buyer always being right, and further, also stated by your agent, that if the buyer takes the time to return the item, the buyer, according to eBay, is automatically in the right. This defies the very principles of due process which must, by law, be practiced by eBay before eBay can, if at all, as much as touch the account of a seller. Further, no contract language you have can trump these laws.
Additionally, your own agent, after admitting that there is no real hearing or appeal process for sellers at eBay, advised us to go outside of eBay as the only way to get a fair and impartial hearing.
Because of eBay’s association with Paypal, we believe a case can be made for criminal antitrust violations. In addition, eBay deliberately camouflages contact information and positions links so that those with legitimate concerns will mis-click and therefore be misdirected, without opportunity to correct their mistake.
Further, when a complaint is filed, the complainant is unknowingly limited to the amount of text available to show the very information you ask them to provide, issuing an internal error at each attempt until the complainant gives up or foolishly files the complaint without said information.
Of note: the limited amount of characters allowed is not displayed on the appeals form as it is on virtually every other eBay form with such limitations. This is another example of how eBay tries to frustrate those with legitimate complaints into dropping them.
This is simply a clumsy ruse to give the appearance that eBay is weighing the facts, when in fact the result, as admitted by your agent, has been predetermined with your ruling in favor of the buyer without carrying out the due process mandated by Federal and State law. We’re confident that your personnel/complaint ratio will prove these allegations during discovery.
Then we move on to your appeals page which is a complete hoax, and does not provide any place to send the appeal after the complainant has provided the information you requested. This whole process is nothing more than a modern day “shell game”, and is equally as illegal today as it was then.
These acts by eBay are not random errors, but well-planned, engineered ploys to facilitate eBay’s money-back guarantee policy, solely designed to enhance the profits of eBay and Paypal, paying for it with the illegally obtained funds of unknowing sellers. This egregious act by eBay AND PayPal meets the bar of a conspiracy, actionable under the Federal R.I.C.O. statutes, both criminal and civil.
As concerns your sister company PayPal: While we believe the eBay/PayPal alliance as practiced by eBay and PayPal is a clear violation of the 1892 Sherman Antitrust Act, that is not our immediate point. With the full force and effect of legal notification, we are herein asserting our right to deny eBay any and all payments from our PayPal account. Notice is herein given that we will immediately file a criminal complaint if any such attempt is made.
We know from our attempt to get information of where to send our appeal, that you have admitted, through your agent, you have no real hearing process, but instead, for your sole benefit, do illegally and without due process, refund the seller’s money to buyers without cause. While you will most assuredly deny these facts, they will also assuredly be brought to light during legal discovery.
I will remind eBay that any contract that they claim as relevant in this matter must meet the rigorous standards under both Federal and California Law. eBay cannot assert terms and conditions that are in violation of any said laws, nor claim any breach of contract before showing benefit to both parties. I will assume you have a survivability clause in your contract so that it will not be thrown out in its entirety.
Your practices are both deceptive and misleading as specifically set forth in virtually all states making these violations actionable, including up to treble damages, reasonable attorneys fees and costs that they provide for therein.
For all of the above-stated reasons, we are denying any and all payments from XXXXXX to eBay. When you give us a fair hearing we will pay you any amounts we owe you, and assume you will do the same if the ruling is in our favor. Currently, you owe us $###.## and you claim services due you in the amount of $##.## as well as an amount of $##.##, not yet invoiced, and for which we disagree. Even if we were to assume your charges were correct, which we don’t, this would leave you owing us, at minimum, $##.##.
As we doubt we will hear from you, we will then let a jury decide who is correct.
We know that you will more than likely shrug off this complaint as forums and blogs across the web are full of seller complaints against eBay, to no avail. And I’m sure you will not worry too much about a small claims or even a Superior Court filing by us. What we believe you will find of concern, will be the new eBay Equalizer, a small claims complaint generator. Our friends will be providing this very fast, simple to use eBay Equalizer for free, while activating several thousand Senior Citizens to use social media to contact friends, family members and anyone who has been abused by your Stalinistic practices, asking them to use it and file their legal claims. Then there are the many, many blogs and forums all over the world that seem to agree with us, that we also believe will become users of the eBay Equalizer.
The eBay Equalizer will, among its other tasks, provide a full packet of discovery documents, such as interrogatories, production of documents, motions and depositions. Also provided will be any required statutory letters and filings to meet the various state’s deceptive and misleading trade practices filing requirements, all ready for filing in their state’s/country’s court of law. Our bet is that there will be enough people generating complaints against eBay to form a class. We’ll also bet that attorneys will be standing in line to file a class action lawsuit against the deep pockets of eBay.
While giving us a fair hearing will end our case, until you start providing real, honest hearings or drop your policies as set forth above, in there entirety, the eBay Equalizer will be available to users around the world. In the spirit of full disclosure, we are associated with over 40 websites located around the globe. While we are small in comparison to eBay, we get our point across as evidenced by Judge Christopher J. Muse. He too thought he was above the law.
If you feel that you would actually like to talk to us or appeal our decision, you can reach us at email@example.com or contact the people who have agreed to produce and distribute the eBay Equalizer at: http://usfreedomnetwork.com/about/contact-us/.
Dated: March 6, 2015
Sent via fax: 866-316-7698, 408-516-8811, 408-376-7517
Sent via email: firstname.lastname@example.org
Certified mail: #7014-2870-0002-1624-8453
Note that the address, phones and fax numbers are deeply hidden by eBay. Th efax numbers and address used in this document were valid on the date it was sent.
- Is eBay’s “Money Back Guarantee” facilitating scams against seniors?
- Huntsville’s William T. Ward, Jr. Accused of Being eBay Predator
- Is Huntsville’s William T. Ward, Jr a victim of eBay Eat It?
- U.S. Freedom Network Online Security Guide
- Is eBay’s Seller Protection Scam the Brainchild of Pierre Omidyar (پیر مراد امیدیار)?
- eBay Seller Protection at KloudKover.org