Legal Question in Discrimination Law in Montana
I purchased a deluxe Your Baby Can Read Kit from Your Baby Can LLC (YBCR) 1 year ago. I used it and it worked fine. I am now done with it and listed it on eBay. It was listed for about 3 days and I received a violation notice stating that YBCR said it was a fake or unauthorized product. For 1 week I corresponded with them and finally, after being given a huge run around, I found out that I could send them my invoice and if it proved valid they would remove the violation. So I sent them my invoice and they removed the violation. eBay then sent me a notice and apologized for the inconvenience, said I could relist the item and even gave me directions on how to do so. I did exactly as they said and relisted it. That was yesterday. This evening I signed in to check on it and YBCR gave me another violation (for the same thing) causing my eBay account to be suspended. Now not only is that bad enough but there are other sellers on eBay selling the EXACT same thing and they are not being violated nor having their listings removed, nor having their accounts suspended. Nor having their reputations on eBay sullied. And reputation is HUGE on eBay. Mine is perfect - until these two violations. If I fight them (which I am going to) and I relist the item again, and they incompetently give me another violation then my account will be deleted.
My question is first do I have a case for discrimination? And secondly do I have a case for slander? To me this is complete incompetence and they are ruining my eBay status as well as preventing me from selling what they are allowing others to sell. As well as they have already given me the OK to sell it and then gave me a second violation. Please tell me if I have any case at all. Thank you in advance for your time and input.
1 Answer from Attorneys
You have no case for discrimination. You have no case for slander. Read your user agreement with eBay to know your rights. eBay allows you to be there, and you have no independent right to be there at all. No case whatsoever.