One of the largest auction and online stores in the world is eBay, but the website is not without its faults. There are many complaints registered by buyers and sellers on the site, including those who eBay claimed violated their laws on what can be sold on the site. If you have the right documentation and can prove your case, you can sue eBay locally.
Ensure that you have a case against eBay, rather than someone selling on eBay. If you have problems with a specific seller, such as a seller not sending your item or sending a broken item, you can't sue eBay--you must sue the seller.
Gather any evidence you have that proves you have a case against eBay. For example, if the company suspended your account for selling illegal materials, you have to prove that the items didn't violate the terms of service or that you never sold those products.
Find evidence that supports your experience with eBay. You'll need to print off copies of any correspondence you had with the company, as well as copies of your eBay account. Also get a printout of all feedback you've received, including your feedback statistics.
Retain a lawyer in your area who handles large and small claims cases, preferably one with experience working against eBay or other websites. Your lawyer will help determine if you need to file in small claims court or if you have a larger case.
File suit in the county courthouse where you live. The court determines if the case has merit and, if it does, will contact eBay. It's up to eBay to show proof that the company is in the clear and that you were at fault. The website must prove that your case is wrong.
If the case is sent to the state court, the court may side with eBay. When this happens, you'll be responsible for paying the court costs,and additionally the company may sue you for breach of contract.
Tips and warnings
- If the case is sent to the state court, the court may side with eBay. When this happens, you'll be responsible for paying the court costs,and additionally the company may sue you for breach of contract.