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Monday, September 17, 2012


Tuffy Rickabugh

I spent an hour today on the phone with CS and Trust and Safety trying to determine why the mailing address was is a individual residence, of which I've found at least 4 other companies registered there. One real estate site even said the house was in foreclosure! So much for trust and safety!

Headline: ebay, a fortune 500 company hires a guy whose too stupid a get PO box knowing he's about to get thousands of certified letters!

Imagine all your personal data sitting on this guys kitchen table ripe for the picking!

These are the companies I've found operating out of this address

M M P Finance

Guild Mortgage Company


Payday Loans Today

2778 W. Shady Bend Lane
Lehi, UT 84043


This appears to me to be a very brilliant legal strategy to make the contract enforceable. Lawyers will spend the next few years slowly chipping away at Concepcion. All it will take is just a couple good district court opinions before that opinion starts to lose force. So this kind of arbitration agreement offers a "choice." Because of that, I suspect it will be strong enough to withstand many of challenges to the enforceability of the agreement.

On that note, I have not actually read the agreement, but I wonder if it is more unfair and one-sided than most. If that's the case, this illusory opt-out provision actually could work to make what would otherwise be an unenforceable arbitration agreement enforceable. That is, perhaps the arbitration agreement is particularly anti-consumer and would be killed under normal public policy exceptions to their enforcement. But, if the agreement allowed for an opt-out, their defense lawyers have a better chance of saving the entire agreement because they can argue that the person had options, and chose arbitration.

The whole thing makes my blood boil.


Interestingly, I have recently quit selling for the same reasons. They no longer allow me to reject taking Paypal credit card payments, AND they auto-closed a dispute on an auction this summer: I had a non-paying bidder win 4-5 of my auctions and stiff me. My only option was to re-list, so I went to Craig's list instead. I think Ebay has gone pro-buyer and I was tired of dealing with customer service agents overseas reading a script!

I would LOVE the campaign, but that's a lot of effort to battle a war that was lost via AT&T v. Concepcion.


I would have except that several years ago, I opted out of Ebay - permanently.

I found out at my expense that eBay's interest is with vendors, not buyers as the formers are their main source of income. They side in favor of the seller in a dispute by passive abstention. After months of waiting for a case "being reviewed" most cheated buyers give up.
I also found that I do not need eBay, if I want an object, all I need do is contact the seller directly. That affords me a better feeling of who I am dealing with and often, I get a better response, even a better deal too.

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