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

  • <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> Verlag, Luzern, Publishers: <i>The Book of Kells,</i> the most precious illuminated manuscript of the early Middle Ages, now reproduced, the FIRST AND ONLY COMPLETE FINE ART FACSIMILE EDITION. €5,000 to €6,000.
    <b>Fonsie Mealy, Mar. 3:</b> Rowling (J.K.) <i>Harry Potter and the Philosophers Stone,</i> 8vo, L. (Bloomsbury) 1997, First Deluxe Edn., Signed by the Author on title page. €4,000 to €5,000.
    <b>Fonsie Mealy, Mar. 3:</b> Gilbert (John T.) Account of Facsimiles of National Manuscripts of Ireland, from the earliest extant specimens to A.D. 719. €2,000 to €3,000.
    <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> <i>The Georgian Society Records of Eighteenth-Century Domestic Architecture in Dublin [-Ireland],</i> 5 vols. lg. 4to D. 1909 - 1913. Limited Editions. €1,500 to €2,000.
    <b>Fonsie Mealy, Mar. 3:</b> Yeats (W.B.) <i>The Poems of W.B. Yeats,</i> 2 vols., roy 8vo, L. (MacMillan & Co.) 1949, Limited Edn., No. 185 (of 375 copies). Signed. €1,500 to €2,000.
    <b>Fonsie Mealy, Mar. 3:</b> Crone (John S.)ed. <i>The Irish Book Lover, A Monthly Review of Irish Literature and Bibliography.</i> Vol. I No 1 August 1909 - Vol. XXXII No. 6, September 1957. €1,250 to €2,000.
    <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> Yeats (John Butler) <i>An original self-portrait Sketch,</i> Signed and dated April 1919, N[ew] York. €1,200 to €1,500.
    <b>Fonsie Mealy, Mar. 3:</b> Photograph Album. Entitled ''A Souvenir of the Visit to Jeypore Samasthanam of His Excellency the Right Hon'ble Viscount Goschen of Hawkhurst… 14th December 1927''. €1,000 to €1,500.
    <b>Fonsie Mealy, Mar. 3:</b> Pistolesi (Erasmo) <i>Il Vaticano,</i> 8vols. large atlas, folio Rome (Tipografia della Societa..) 1829. €500 to €600.
    <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> Chagall (Marc)illus., Legmarie (Jean) comp., <i>The Jerusalem Windows,</i> folio N.Y. (George Braziller) 1962. €400 to €500.
    <b>Fonsie Mealy, Mar. 3:</b> Bullitt (Thos. W.) <i>My Life at Oxmoor,</i> Life on a Farm in Kentucky before the War. Roy 8vo Louisville, Kentucky, 1911. Privately Printed No. 86 of 100 Copies Only. €300 to €400.
    <b>Fonsie Mealy, Mar. 3:</b> Popish Plot: Oates (Titus) <i>The Popes Whore House or The Merchandise of The Whore of Rome,</i> folio L. 1679. First Edn. €100 to €150.
  • <b>Swann Auction Galleries Feb 25:</b> Frederick Douglass, ALS recruiting help for his paper after schism with Garrison, Rochester, 1851. $20,000 to $30,000.
    <b>Swann Auction Galleries Feb 25:</b> James Dean, photograph by Sanford H. Roth, signed & inscribed by Dean. $7,000 to $10,000.
    <b>Swann Auction Galleries Feb 25:</b> Richard Wagner, ALS requesting confirmation that the Grand Duke received his letter, 1863. $3,000 to $4,000.
    <b>Swann Auction Galleries Feb 25:</b> Benjamin Rush, ALS, doctor’s note for a Revolutionary soldier, 1780. $2,500 to $3,500.
    <b>Swann Auction Galleries Feb 25:</b> Lord Byron, ALS to Cambridge classmate, “your friendship is of more account to me than all these absurd vanities,” c. 1812. $3,000 to $4,000.
    <b>Swann Auction Galleries Feb 25:</b> Ernest Hemingway, <i>Three Stories & Ten Poems,</i> first edition of the author’s first book, Paris, 1923. $20,000 to $30,000.
    <b>Swann Auction Galleries Feb 25:</b> Ralph Ellison, <i>Invisible Man,</i> first English edition of the author’s first novel, signed, London, 1953. $1,800 to $2,500.
    <b>Swann Auction Galleries Feb 25:</b> Margery Lawrence, <i>The Madonna of Seven Moons,</i> first edition in unrestored dust jacket, Indianapolis, 1933. $800 to $1,200.
    <b>Swann Auction Galleries Feb 25:</b> Joseph Albers, <i>Interaction of Color,</i> 80 color screenprints, Yale University Press, New Haven & London, 1963. $4,000 to $6,000.
    <b>Swann Auction Galleries Feb 25:</b> Albert Einstein, autograph manuscript, unsigned, likely a draft discarded while working toward a unified field theory. $10,000 to $20,000.
  • <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> STEINBECK, John (1902-1968). <i>The Pastures of Heaven.</i> New York: Brewer, Warren & Putnam, 1932. $10,000 to $15,000.
    <b>Hindman Auctions, Mar. 19:</b> FITZGERALD, F. Scott (1896-1940). <i>Tender is the Night.</i> New York: Charles Scribner's Sons, 1934. $6,000 to $8,000.
    <b>Hindman Auctions, Mar. 19:</b> STOKER, Bram (1847-1912). <i>Dracula.</i> Westminster: Archibald Constable and Company, 1897. $5,000 to $7,000.
    <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> GOLDING, William (1911-1993). <i>Lord of the Flies.</i> London: Faber and Faber, 1954. $4,000 to $6,000.
    <b>Hindman Auctions, Mar. 19:</b> SALINGER, J. D. (1919-2010). The Catcher in the Rye. Boston: Little, Brown and Company, 1951. $4,000 to $6,000.
    <b>Hindman Auctions, Mar. 19:</b> HEMINGWAY, Ernest (1899-1961). <i>The Torrents of Spring.</i> New York: Scribner's, 1926. $3,000 to $4,000.
    <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> HUXLEY, Aldous (1894-1963). <i>Brave New World.</i> London: Chatto & Windus, 1932. $3,000 to $4,000.
    <b>Hindman Auctions, Mar. 19:</b> WELLS, H.G. <i>The Time Machine, an Invention.</i> New York: Henry Holt, 1895. $3,000 to $4,000.
    <b>Hindman Auctions, Mar. 19:</b> DAHL, Roald (1916-1990). <i>Charlie and the Chocolate Factory.</i> New York: Alfred A. Knopf, 1964. $2,000 to $3,000.
    <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> HERBERT, Frank (1920-1986). Dune. Philadelphia: Chilton Books, 1965. $2,000 to $3,000.
    <b>Hindman Auctions, Mar. 19:</b> KESEY, Ken (1935-2001). <i>One Flew Over the Cuckoo's Nest.</i> New York: The Viking Press, 1962. $2,000 to $3,000.
    <b>Hindman Auctions, Mar. 19:</b> VONNEGUT, Kurt, Jr. (1922-2007). <i>Slaughterhouse-Five or The Children's Crusade.</i> New York: Seymour Lawrence Delacorte Press, 1969. $2,000 to $3,000.

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