Legal Question in Business Law in California

Re: Can Ebay Be Sued For Illegal Suspension of Users ?

I am sure that eBay has certain rules by which members are supposed to govern their conduct. Whether you violated them or not depends on reading the rules and finding out the reasons for your suspension. Thus, there is not enough information to make an informed guess.

Re: Can Ebay Be Sued For Illegal Suspension of Users ?

No one can say whether this is a valid case unless this added inforis provided:

1. A copy of the complete contract between you and e-bay, including all of the e-bay rules that were included within that contract.

2. Information as to what that contract requires of you and what it requires of e-bay in regard to

(a) your getting your ads posted on e-bay and not prematurely removed;

(b) what e-bay is required to do for you if you offer ads and comply with all of the contractually required procedurwes and rules;

3. A copy of the authorization by Linux that you furnished to e-bay.

4. Details of what e-bay claims you did to cause it to suspend you for 6 months, for 12 months, and then cancel your membership.

5. What is the exact date that they told you to wait for until you re-apply for e-bay membership?

6. Detailed documentary evidence (in the form of bills of sale, purchases from Linux, and your income tax returns) so as to show exactly what is the total profit you made from your e-bay sales (profits, as shown by tallying all of your gross sales and all of your expenses, and then deducting the lexpenses), within the 18 monthsjust before they first began to remove your ads from the e-bay lists;

7. The main basis (perhaps the only basis) for your recovering any real money from e-bay is to show coonvincing courtroom evidence of the amount of profits you lost by e-bay prohibiting your ads.

8. It is quite possible that you have no valid case against e-bay. For example, if you violated rules and if they had a right under their rules or under your contract with them to suspend you.

9. It is also quite possible that you have a good case for them to be held responsible, but if you cannot show by competnent and czredible evidence that you lost significant profits, you could "win" the case but not be awarded very much money.

* * *

Only with considerably more sifting and assessment of all of the relevantfacts can we determine whether you have a PLAUSIBLE CASE against e-bay.

Sincerely,

Edward Ardzrooni

Re: Can Ebay Be Sued For Illegal Suspension of Users ?

If you can show how eBay violated their own written rules, and that you did not, then you may have case for damages and breach. Obtain a copy of those rules, and contact me to discuss so I can offer an educated opinion, not guesswork.