By Ina Steiner EcommerceBytes.com September 12, 2013
eBay finally granted itself permission to do what it's likely been itching to do for a long time: hide listings it deems unworthy for unspecified reasons from showing up in search results....
more at link... ^
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Here's the nitty gritty:
The provision that is most shocking and has sellers not entirely certain of its meaning is the updates to the User Agreement called "listing conditions":
"To further create a marketplace where buyers find what they want and drive positive user experience, we updated the provision regarding listing conditions to recognize that the appearance and placement of listings in search and browse results will depend on a variety of factors. So, in some situations a listing may not appear in some search and browse results regardless of sort order."
The sad or funny part is that there will be people who actually agree to the terms. Whether they are not bright enough, or they sell stolen, fake goods etc...
Not one crooked seller will disagree, because that's how fraud works.
Not one honest seller will agree, because honest people don't agree to scams.
Oh my! this is so funny it's truly beyond words...
They could out into the User Agreement that said they were allowed to torture your dog and molest your wife and kids, but that doesn't make it legal.
Imagine paying for a hamburger to find out you may or may not get one in your order depending on some top secret conditions, but you still paid full price for it? ...
If a corporation enters into a user agreement with you to provide you various services, and you pay them promptly each month, and then glitches or malfunctions interfere with their fulfilling the agreement, even perhaps resulting in some users being suspended or banned, and these malfunctions are allowed to continue without being fixed even though the corporation is aware of them, ISNT THAT ILLEGAL? Thats whats going on at ebay to sellers and has been for some time with the DSR glitch/malfunction that ebay acknowledged has existed for quite some time and they havent been in any hurry to fix. Ina Steiner broke the story online today with her article Ebay Drags heels In Fixing Automatic Five-Star DSRs
And now ebay blatantly admits (and wants to incorporate into their new user agreement update) that they have and will purposefully hide any seller's listing(s) from views whenever they want to for whatever nebulous unspecified criteria they choose. TORTIOUS INTERFERENCE.
From a poster in a thread on PowerSellersUnite: "Most likely the claim would be that ebay is illegally interfering with a potential business relationship. By deliberately not indexing a listing so it can be found by a potential buyer, and doing this without the seller's permission, they are interfering with a potential transaction. Questions about seller expectations, as well as the terms of the original contract between the seller and ebay, would be pertinent.
I'd guess that would be their "out". Ebay's user agreement is the seller's contract, and if there is no guarantee of visibility, or that ebay retains the right to limit visibility based on some criteria, then the seller should have no expectation beyond what the contract states. So if they don't like your photos, or your DSR's, or your even your sales volume, they can limit your visibility.
Tortuous Interference is an interesting idea ...and I'd guess with the right attorney, some kind of legal case might be possible.
You'd have to argue that the seller's reasonable expectations of site visibility does, in point of fact, go beyond what the seller/ebay contract states, and that by limiting this visibility, they are interfering with a potential business transaction between the seller and a buyer".
The ebay community is finally beginning to see the longevity and scope of the issue. This thread is like Kryptonite to the cheerleaders. Hopefully folks will keep that bumped to the top. lmao
Not to mention this one, which has been chopped and hacked to the max, but look how log this issue has existed? All along the way, cheated members were told by cheerleader/helper/opinion leader types that their listings were faulty; had unsavory format, keywords, terms, they were conspiracy nuts, it was fault of the weather, current events, economy, etc... ad nauseum
Many ebay sellers have been calling the FTC reporting ebay over its new policy granting itself permission to hide sellers' listings (which constitutes TORTIOUS INTERFERENCE).I continue to be amazed at the small sellers who try desperately to hang on and jump through hoops and put up with insulting and draconian practices by ebay hoping month to month that their number won't come up with a couple of low DSRs, Guardrail or Quick Decline or trending. Just reading the posts in threads throughout the ebay discussion boards you can tell that people feel like a Sword of Damocles is hanging over their heads. The money must be awfully good to sell out your dignity to highly orgainzed, highly orchestrated egregious activity which is victimizing thousands of sellers.
From a recent online discussion thread: "What's bad is ebay's lack of accountability.
eBay might be allowed to limit search visibility, it's their sandbox, but...
to be legal, it's possible that they may have to TELL sellers when and if and where they will be seen, so sellers have the option of selling here or not based on evaluating what kind of service they are actually get for their store, listing, upgrade, PayPal, and final value fees.
Would you pay for a movie ticket if you didn't know which movie you were going to see, if any? There's a limit to how vague a company is allowed to be, in describing their services.
This is an issue that affects all of us and some good legal minds need to delve into it to see how search visibility and ACCOUNTABILITY for visibility fits (or doesn't fit) within existing trade laws."
From a recent online discussion thread: "What's bad is ebay's lack of accountability.
eBay might be allowed to limit search visibility, it's their sandbox, but...
to be legal, it's possible that they may have to TELL sellers when and if and where they will be seen, so sellers have the option of selling here or not based on evaluating what kind of service they are actually get for their store, listing, upgrade, PayPal, and final value fees.
Would you pay for a movie ticket if you didn't know which movie you were going to see, if any? There's a limit to how vague a company is allowed to be, in describing their services.
This is an issue that affects all of us and some good legal minds need to delve into it to see how search visibility and ACCOUNTABILITY for visibility fits (or doesn't fit) within existing trade laws."
Unfortunately, ebay has everyone buffaloed with the arbitration clause, as shady as that opt-out situation was, it seems unlikely that part would hold up, and/or that everyone would not be able to join in a lawsuit regardless. People who did opt out would need to make a move, as in retain attorneys etc. That while knowing any legal battle would go on for years and years makes ebay an unattractive target for most.
That being said, if any part of the agreement is unlawful, it voids the entire agreement.
The issue with the hidden listings is that that info should be in bold red font right up front and center, not buried deep somewhere in the user agreement.
That is much too important information. It changes the entire nature of listing items. It's gambling in essence, compounded by secret algorithms, shapeshifting policies etc..
ei should be advertised as a "chance to have your item seen" The criteria determining that should be crystal clear, and whatever "odds" there may be should be posted conspicuously as well.
Buyers should also be made aware that they are not privy to finding/being shown all items, along with fairly specific info as to what they will be shown; characteristics/criteria used to select etc.
With ebay calling all the shots from behind a sleazy pink curtain, it's simply not fair, Deliberately depriving people of what they pay for and expect is simply unlawful. Furthermore, it leaves a huge opportunity for fraud and abuse.
The argument that free or promotional listings are somehow void of real value, there fore it's OK to not show them is hollow as well.
I'm sure there are many other aspects...
It would be fun to watch some legal jeet-kune-do take down sleazebay with one court order. And that's not impossible.
Lights on in yer head, sleazebay.
-- Edited by budnonymous on Tuesday 15th of October 2013 05:40:13 AM