EBay Inc. has agreed to pay a $4.75 million class action settlement that will resolve allegations the online auction site breached its contract by selling and promoting an advertising visibility service that did not work as promised.
In January 2012, plaintiff Custom LED LLC filed a class action lawsuit claiming that eBay's Featured Plus! upgrade, an optional service that was supposed to increase the visibility of its users' listings, did not deliver the promised results.
According to the class action lawsuit, eBay's Featured Plus! service would place listings in a prominent "Featured Items" section of certain search results pages. The plaintiff argued that, despite paying $39.95 for the upgrade, their listings received no priority treatment.
SAN FRANCISCO, Jan. 3, 2014 /PRNewswire/ -- eBay Inc. ("eBay") has agreed to pay $4.75 million to settle a class action lawsuit filed over fees it charged sellers for the Featured Plus! listing upgrade from January 23, 2008 to February 4, 2013 (when eBay discontinued Featured Plus!).
Attorneys with Figari & Davenport, LLP, a litigation boutique in Dallas, Texas, filed the lawsuit on behalf of plaintiff Custom LED, LLC and a class of sellers who paid Featured Plus! listing upgrade fees. The case was filed in the United States District Court for the Northern District of California and is entitled "Custom LED, LLC v. eBay Inc.," Case No. 3:12-CV-00350 (JST). The plaintiff alleges eBay incorrectly described the operation of the Featured Plus! listing upgrade. eBay denies the allegations.
If approved by the court at a hearing set for June 18, 2014, the settlement will provide a partial refund to class members who paid for the Feature Plus! listing upgrade during the class period. Sellers who are members of the class and have an Active eBay Account will not need to do anything to receive a refund. The amount credited to them will be calculated based on eBay's records of fees paid by each seller and will be automatically credited to the seller's existing eBay Account.
Sellers in the class who do not have an Active eBay Account will automatically be sent a check. However, eBay may not have current address information for sellers who have closed their eBay Account or whose Inactive eBay Account information has incorrect or inaccurate contact information. Class members who need to provide or correct their contact information MUST do so at www.eBayFeaturedPlusClassAction.com in order to receive a check. Any account information updates at www.eBayFeaturedPlusClassAction.comMUST be completed no later than March 20, 2014. This is also the deadline for any objections or to opt out of the class.
Further information regarding the allegations in the lawsuit, the terms of settlement, and class members' options, can be found at: www.eBayFeaturedPlusClassAction.com.
Source: Keith Verges, Parker D. Young, or Raymond E. Walker, FIGARI & DAVENPORT, LLP, (214) 939-2000
Media: Keith Verges, Parker D. Young, or Raymond E. Walker, FIGARI & DAVENPORT, LLP, (214) 939-2000