elainegrey

eBay is changing its policies. I see i'm waiving my right for class action claims. "Unless you opt-out: (1) you will only be permitted to pursue claims against eBay on an individual basis, not as part of any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis." Trying to figure out a consumer based class action claim leads me to suppose they're trying to protect themselves against the claims that might arise out of the vast import business. Enough people buying contaminated metal widgets and baubles, a some subset gets injured: sounds like a class action suit. And instead of going against the hundreds of individual importers, go against eBay.

I've decided i'm fine with not being party to a class action on those terms: eBay is not Walmart, Target, or Amazon. It's a global fleamarket. I agree elsewhere with eBay that while they "may help facilitate the resolution of disputes through various programs, [they] have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item."

I continued to try to imagine how i might want to bring class action against eBay and the only thing i can think of is if they were to impose discriminatory restrictions on sales. It's hard to imagine, but if they prohibited the selling of items related to religion A while continuing to allow the selling of items related to religion B, it seems that a discrimination class action lawsuit could be brought. I think, however, that a discrimination case, if it had merit, would be an exception to the arbitration clause.

I suppose there could also be a privacy violation class action suit. Would that be covered? My impression is that eBay would be well motivated by Federal and international laws regarding protection of personally identifying information and by the embarrassment of headlines. So i don't think i'm exposing myself to risk by avoiding that.

So, i think i'll agree to single claim arbitration.

More obnoxious is that eBay can call me and record me.... and the phone number is required. Ah well.