Quote:
Originally Posted by Peter_Spaeth
So suppose I'm drafting a complaint and I can figure out the cause of action along the lines you mention. What evidence do I cite that they are aware of shilling on their platform, that such shilling is unlawful or otherwise wrongful, that they have condoned it, and that such shilling is so widespread that it has damaged some broad class of ebay users? And by the way since I would need to certify a class according to strict requirements, how do I even define/identify who is a member of the class?
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Given that shill bidding is illegal in California where ebay is based, the illegality should be easy to establish.
They're aware of shill bidding because of their action against PWCC and that they have methods for reporting it. This admittedly undermines the willful ignorance argument somewhat.
The rest I'm unsure of. Point being, I don't think you would have to prove they actively condone or participate (though I believe they do) to hold them liable for shill bidding on their platform. I'm not suggesting such a line of thinking would be successful.