Rare Book Monthly

Articles - January - 2009 Issue

eBay Seller Ratings Dispute Leads to Lawsuit

Coins

These two cheap coins sold on eBay have led to a $1,500 lawsuit.


By Michael Stillman

What nightmares has eBay wrought with its new seller rating system? With a system that affords sellers little defense against unhappy buyers, the ugly L-word - lawsuit - has begun to rear its ghastly head. Ironically enough, this threatens to throw the balance of intimidation from one extreme to the other, from buyer to seller. Ebay really needs to step in, though there is no indication the auction monopoly has any inclination to do so. They appear more content to let buyers and sellers slug it out, treating the situation as if they have no responsibility to play the role of referee.

As most of you who trade on eBay are aware, last year the auction site adjusted its feedback program, and skewed it to assist buyers. In the past, buyers could post negative feedback to sellers if they were unhappy with the transaction. If a seller felt the negative feedback was unfair, they could respond by giving the buyer negative feedback. Depending on your point of view, this could be considered retaliation, or a fair opportunity to present the other side of the story. Of course, this responsive feedback, like the initial feedback, could scare others from doing business with the person.

Evidently, eBay felt that the sellers' responsive feedback was more often retaliatory, or that it was intimidating victimized buyers from reporting unethical sellers. So, eBay set about protecting buyers. They announced that sellers would no longer be able to post feedback about buyers. Buyers were now free to post whatever they chose about a seller without fear of retaliation. Ebay also announced that sellers whose ratings dropped below a certain threshold (too many negative feedbacks) would be suspended from selling on eBay. The result was that sellers now found themselves at the mercy of their customers, particularly threatening to the large number of sellers who now make their livelihood on eBay. They could be put out of business by their customers. Of course, this is not a bad thing if the feedback is fair, and they are unethical or otherwise not suitable sellers. However, what if the negative feedback is dishonest, incorrect, unfair, or posted by a competitor? It doesn't matter. They still could be put out of business.

This brings us to the current case. Though filed a few months ago, the story became more widely known last month after a posting on the eBay message boards by the buyer/defendant, who had recently been served with papers from the court. We hereby caution that we cannot vouch for the accuracy of everything, or for that matter, anything, posted on message boards. So, while we cannot guarantee the accuracy of the particulars of this case, it does provide an illustration of what can happen in the new world of eBay feedback.

Apparently, a California buyer placed an order for a couple of cheap commemorative medals offered by an Illinois Powerseller and established auction house. The buyer had actually seen the items go by unpurchased earlier, and then wrote the seller asking they be reposted. According to the buyer, it took many months, requests and promises before the medals were again offered on eBay. In October, the medals were put up again, the Californian was the only bidder, and they sold for the unremarkable price of $4.99. Shipping was listed as $8.49 and it was stated that "the gold colored medal also features a case."

Rare Book Monthly

  • <b>Swann Auction Galleries Apr 26:</b> Jacques-Émile Ruhlmann, wallpaper sample book, circa 1919. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Archive from a late office of the Breuer & Smith architectural team, New York, 1960-70s. $3,500 to $5,000.
    <b>Swann Auction Galleries Apr 26:</b> William Morris, <i>The Story of the Glittering Plain or the Land of Living Men,</i> illustrated by Walter Crane, Kelmscott Press, Hammersmith, 1894. $2,500 to $3,500.
    <b>Swann Auction Galleries Apr 26:</b> Gustave Doré, <i>La Sainte Bible selon la Vulgate,</i> Tours, 1866. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Gustav Klimt & Max Eisler, <i>Eine Nachlese,</i> complete set, Vienna, 1931. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b><br>Eric Allatini & Gerda Wegener, <i>Sur Talons Rouges,</i> with original watercolor by Wegener, Paris, 1929. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b><br>C.P. Cavafy, <i>Fourteen Poems,</i> illustrated & signed by David Hockney, London, 1966. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b> Jean Midolle, <i>Spécimen des Écritures Modernes...</i>, Strasbourg, 1834-35. $3,000 to $4,000.
    <b>Swann Auction Galleries Apr 26:</b><br>E.A. Seguy, <i>Floréal: Dessins & Coloris Nouveaux,</i> Paris, 1925. $3,000 to $4,000.
  • <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> BEETHOVEN, LUDWIG VAN. Autograph Manuscript sketch-leaf part of the score of the Scottish Songs, "Sunset" Op. 108 no 2. [Vienna, February 1818]. Inscribed by Alexander Wheelock Thayer. SOLD for $131,250
    <b>Bonhams, Mar. 9:</b> Violin belonging to Albert Einstein, presented to him by Oscar H. Steger, 1933. SOLD for $516,500
    <b>Bonhams, Mar. 9:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("Papa") to his son Hans Albert, discussing his involvement with the atomic bomb, September 2, 1945. SOLD for $106,250
    <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> HAMILTON, ALEXANDER. Autograph Letter Signed, to Baron von Steuben, with extensive notes of Von Steuben's aide Benjamin Walker, June 12, 1780. SOLD for $16,250
    <b>Bonhams, Mar. 9:</b> NEWTON, ISAAC. Autograph Manuscript in Latin, being detailed instructions on making the philosopher's stone. 8 pp. 1790s. SOLD for $275,000
    <b>Bonhams, Mar. 9:</b> 1869 Inauguration Bible of President Ulysses S. Grant. SOLD for $118,750
  • <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Extremely Fine Copy of Fantasy Classic. Tolkien (J.R.R.) <i>The Hobbit, or There and Back Again,</i> L. (George Allen & Unwin Ltd. Museum Street) 1937. €20,000 to €30,000
    <b>Fonsie Mealy, May 2:</b> Incunabula. [Sirectus, Antonius] O’Fihely (Maurice)Abp. <i>Formalitates de Mente Doctoris Subtilis Scoti Nec Non Stephai Burlifer cum novis additionibus…</i> Venice 14th December 1051 (ie. 1501). €3,000 to €4,000
    <b>Fonsie Mealy, May 2:</b> Original Book Illustrations by Pamela Leonard. Illustrations: Regan (Peter) Touchstone, 8vo D. (Mount Salas Press) 1989. €3,500 to €4,500
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> [Petit (Jean), Prevel (Jean) & Gregory (Pope)] [Gregorius]. <i>Compendium Textuale Compillationis decretalium Gregorri noni sine qua…</i>, Paris [Dec. 1524]. €350 to €500
    <b>Fonsie Mealy, May 2:</b> Excessively Rare – V. Fine Copy. [Mac Mahon]. <i>Jus Primatiale Armacanum, In Omnes Archiepiscopos, Episcopos, et Universum Clerum</i>… [n.p.] 1728. €750 to €1,000
    <b>Fonsie Mealy, May 2:</b> Madden (R.R.). <i>Travels in Turkey, Egypt, Nubia and Palestine in 1824, 1825, 1826 and 1827,</i> 2 vols. 1822. €500 to €700
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Early English Herbal. Gerarde (John). The Herball or General History of Plants, thick folio L. (John Norton) 1597. €700 to €1,000
    <b>Fonsie Mealy, May 2:</b> The Tehran World War 2 Conference Photograph: [Tehran Conference 1943] An important and iconic Group Photograph showing Churchill, Roosevelt and Stalin. €80 to €120
    <b>Fonsie Mealy, May 2:</b> Natural History Specimens from Jersey Jersey Islands: Westacton [Mrs Acton] Collection of 53 original dried examples of Seaweed collected in Jersey, c. 1860. €300 to €400
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Plyglot Bible: Hutteri (Eliae). <i>Biblia Sacra, Ebraice, Chaldaice, Graece, Latinae, Germanice, Sclavonice.</i> Lg. folio Nurimberg 1599. €250 to €350
    <b>Fonsie Mealy, May 2:</b> The American Invasion 1888: “First Ever G.A.A. Hurling Match in America” Medal: G.A.A., The Invaders, 1888. €2,000 to €3,000
    <b>Fonsie Mealy, May 2:</b> “Babe” Ruth and the G.A.A. G.A.A. & Baseball: A unique and early Sporting Association. An original Spalding B12 Baseball Bat. €4,000 to €6,000
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>

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