Legal Question in Criminal Law in California

Fraud

I have business hosted on the eBay marketplace website. I list my products for potential customers to purchase. I pay for the page (virtual page) to have a listing active on the eBay marketplace venue. I recently became aware that eBay has been placing the ads (listings and their pictures) of competing businesses' on the page I purchased to showcase my item. This activity was not disclosed at the time I purchased the listing space from eBay and is deliberately hidden from the owners (businesses or hobby sellers) so we are not aware of this activity. I do not know how long this has been taking place or the monetary damage I have assumed as a result.

I believe this validates an act of fraud. What do you think?


Asked on 11/13/08, 3:28 am

2 Answers from Attorneys
Brian McGinity McGinity Law Office

Re: Fraud

I am assuming you signed some sort of contract or agreement with ebay before you started working with them. The terms of your agreement should provide you with some answers. However, I really can not give you an opinion without reading your agreement. You listed this as a criminal law question and I am assuming your intention regarding fraud is in the criminal context.

It really would not work criminally although you may have some argument that ebays actions constitute a crime. However, your really looking at a contract issue and a business tort issue. Fraud in the inducement and Fraudulent concealment, and probably a few more. I would address this question in either contracts, torts, personal injury or business torts or business litigation. Good Luck

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Answered on 11/13/08, 7:12 pm
Joshua Hale Hale Law Group

Re: Fraud

It very well may, however, without having your actual terms of contract in front of me, there is no way to tell. I would be happy to discuss this further with you.

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Answered on 11/13/08, 3:57 am


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