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[hammertime]

Hard to regulate with consigners.

[Eric72]

I don't think regulation would be too difficult to implement, technically speaking. However, very few people would consent to the Orwellian steps involved in making it happen.

[raulus]

Originally Posted by Peter_Spaeth

Everybody likes to throw class action suits around. OK let's play this out. Suppose you're a potential class representative working with a lawyer to draft a complaint. What's your evidence that ebay is culpably participating in shill bidding?

Self-evident! Everyone knows it’s true!!!

[Leon]

Originally Posted by raulus

Self-evident! Everyone knows it’s true!!!

Yeah, see how well that argument holds up?
.

[Tabe]

Originally Posted by Peter_Spaeth

Everybody likes to throw class action suits around. OK let's play this out. Suppose you're a potential class representative working with a lawyer to draft a complaint. What's your evidence that ebay is culpably participating in shill bidding?

Couldn't their lack of action lend itself to being liability given their awareness of shilling on their platform? Different circumstances, obviously, but lack of action if legally culpable when it comes to money laundering for financial institutions.

[Peter_Spaeth]

Originally Posted by Tabe

Couldn't their lack of action lend itself to being liability given their awareness of shilling on their platform? Different circumstances, obviously, but lack of action if legally culpable when it comes to money laundering for financial institutions.

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?

[premiercardcollectors]

What took Mastro down?


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[Peter_Spaeth]

Originally Posted by premiercardcollectors

What took Mastro down?


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A federal prosecution for mail fraud.

[4815162342]

Originally Posted by premiercardcollectors

What took Mastro down?


Sent from my iPhone using Tapatalk

Originally Posted by Peter_Spaeth

A federal prosecution for mail fraud.

https://youtu.be/TJsrpsPlS38

[Tabe]

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?

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.

[Lorewalker]

A French court in 2008 found that eBay did not do enough to prevent the sales of counterfeit goods for LVMH, Dior and a few others. While this was in 08, in France and pertaining to counterfeits, that court was not too impressed with eBay's turn the other cheek/hands off approach.

eBay did establish a precedent for booting PWCC for shilling one has to wonder if eBay really is immune to some push back for letting Probstein back on the site.

In the PWCC banning I would not be shocked if the FBI was not behind that in some way.

[Peter_Spaeth]

Ebay could well be vulnerable to action by federal or state authorities, but whether any enforcement agency would actually pursue it is another issue. My only point in my prior posts being that private class actions often tend to be much more problematic than a lot of people realize who reflexively think they're the answer to all that ails the hobby, but don't really understand what they are or how they work.