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Old 08-06-2016
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Default Selective Discrimination Class Action?

I'm sure this has come up before but a search didn't provide too much info. Lately Ebay has been deleting some of my auctions under the guise of hazardous materials. Basically I am selling metal mercury/quicksilver as well as a couple low level radioactive minerals, such as Autunite and Fiesta Ware dishes. Both of the items were compliant with regards to shipping requirements and there are tons of the same items for sale on Ebay at any given time.
Today, I listed a 2 Oz vial of mercury and within 3 hours it was taken down and I was given a suspension for selling "Hazardous Materials". A quick search for metal mercury showed most of the same auctions that had been there before and also reported for being hazardous. Some stay with no issues while some seem to get whacked right away. I coined the term "selective discrimination" for the practice of banning some vendors products while other vendors sell the exact same item (along with identical disclaimers and warnings, as appropriate) and have no problems.
I have battled with the big E before on these matters and have won a few, only to have them pull the same stunt a few months later. Has anyone considered a class action suit for selective discrimination? I've lost time and money fighting these issues and I know a zillion others have the same issues. Any thoughts?

J'Ster
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Old 08-07-2016
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Default Re: Selective Discrimination Class Action?

You signed up agreeing to ebays Terms and Conditions. A law suit pretty much is a waste of time for you. Even the huge class actions suits that ebay has lost paid out next to nothing in recent years.
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Old 08-07-2016
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Default Re: Selective Discrimination Class Action?

exactly. in the end people get like $15 hahaha
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Old 08-07-2016
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Default Re: Selective Discrimination Class Action?

Quote:
Originally Posted by Jimster View Post
Has anyone considered a class action suit for selective discrimination? I've lost time and money fighting these issues and I know a zillion others have the same issues.

Any thoughts?

J'Ster
My thoughts are, take my time and put it to a more useful purpose. Like finding something to sell that wont trigger eBay's attention. Make enough money to not have to depend on eBay's fickleness forever and then do away with eBay permanently.
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Old 08-07-2016
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Default Re: Selective Discrimination Class Action?

This really is not a case of discrimination, but of of selective ENFORCEMENT of their rules.

Your argument would be that it is unfair that eBay removes some listings but allows others to sell them when the item is the same. eBay is not under any obligation to "be fair" in the enforcement of their rules. They would just say they cannot catch everything and that they do the best they can to remove all listings that violate their rules. Even if you could find a case where eBay specifically allowed something, eBay would just say they employ thousands of people and that two different representatives looking at the same thing can mistakenly come to different conclusions.

That is not illegal.

Now, if you could prove that eBay was removing black (or Jewish, or Asian, or whatever) people's listings and letting white people sell the same things, then you might have a case.

Yes, it sucks. Your money has been stopped and other sellers are happily making sales and it upsets you. I have been there, so I understand. But you are not going anywhere with this lawsuit idea. It might make you feel a little bit better, but the best thing to do is to move on to the next account. Because THAT will make you some money. Putting time and energy into trying to force eBay to change the way they do business would be like hitting your head repeatedly against a slab of concrete.
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Old 08-07-2016
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Default Re: Selective Discrimination Class Action?

discrimination is on only certain legally defined grounds, as jeff mentioned.
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Old 08-26-2016
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Default Re: Selective Discrimination Class Action?

This might be pertinent.
https://yro.slashdot.org/story/12/08...ction-lawsuits
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Old 08-27-2016
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Default Re: Selective Discrimination Class Action?

Thank everyone for their replies. I guess selective enforcement is the proper term for my frustrations. From previous battles with Customer Support, I have "won" most of my cases/pleas, only to have them do the same thing a few months later. Its a war of attrition and I don't have the workforce to dedicate to refighting previous battles.
I guess my biggest peeve is when something is reported to Ebay and Ebay does not act on it, despite a specific report being submitted for an identical item I was flagged for. Kind of like the state road crews...you can't sue them for damages unless you previously notify them about the condition (ex...a large pot hole that causes damage and/or crashes) and give them enough time to fix it. I was hoping that Ebay would fall into that type of situation, where they were notified of a violation and failed to act upon it. Its not the money...its only a few dollars at most...its the frustration of watching some cruise thru the listings while others are scrutinized like the bad kid in your 1st grade classroom!
***SIGH*** I appreciate everyone's help, advice, and recommendations. Maybe I'll get 'em the next time!!

J'Ster
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