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>Bonhams, Jun 13 results:</b> Darwin, Charles. <i>On the Origin of Species.</i> Presentation Copy. Sold for $500,075.
    <b>Bonhams, Jun 13 results:</b> Darwin, Charles. Autograph Letter Signed, 3 pp, negotiating the 2nd American edition with Appleton. Sold for $21,325.
    <b>Bonhams, Jun 13 results:</b> Hemingway, Ernest. Autograph Letter Signed, 8 pp, Paris, 1924, to his father discussing Bullfighting, Stories, and his new baby. Sold for $25,075.
    <b>Bonhams, Jun 13 results:</b> Shakespeare, William. <i>Corialanus.</i> London, 1623. 1st printing [Extracted from the First Folio]. Sold for $50,075.
    <b>Bonhams, Jun 13 results:</b> Swift, Jonathan. <i>Gulliver's Travels.</i> London, 1726. 1st edition, Teerink's A edition, fine, large copy. Sold for $21,325.
    <b>Bonhams, Jun 13 results:</b> Fitzroy, Robert. Autograph Letter Signed to agent Thomas Stilwell, informing him of the progress of H.M.S. Beagle. Sold for $17,575.
    <center><b>Bonhams<br> Property from the Collection of Nicole and William R. Keck II</b>
    <b>Bonhams, Jun 13 results:</b> Shakespeare, William. <i>Sonnets.</i> 1901. 2 volumes. Printed on vellum and illuminated by Ross Turner, bound by Trautz-Bauzonnet. Sold for $13,825.
    <b>Bonhams, Jun 13 results:</b> Beardsley, Aubrey. <i>The Birth, Life, and Acts of King Arthur.</i> 1893-94. 2 volumes. Contemporary painted vellum gilt by Chivers. Sold for $5,325.
    <b>Bonhams, Jun 13 results:</b> Assisi, St. Francis. <i>The Canticle of Brother Sun.</i> Illuminated on vellum, for the Grolier Society. Sold for $7,575.
    <b>Bonhams, Jun 13 results:</b> Rackham, Arthur. <i>Peter Pan in Kensington Gardens.</i> 1/500 copies signed by Rackham. Sold for $4,825.
    <b>Bonhams, Jun 13 results:</b> Proust, Marcel. <i>Du coté de chez Swann.</i> 1st edition, 1st issue. Inscribed by Proust. Sold for $8,825.
  • <b>Swann Auction Galleries Aug 7:</b> Sergio Trujillo Magnenat, <i>Bogotá 1938 / IV Centenario / Juegos Deportivos Bolivarianos,</i> 1938. $2,000 to $3,000.
    <b>Swann Auction Galleries Aug 7:</b> <i>McQueen Drives Porsche,</i> designer unknown, 1970. $800 to $1,200.
    <b>Swann Auction Galleries Aug 7:</b><br>Joe Bridge, <i>Bignan / A Des Ailes,</i> 1921. $5,000 to $7,500.
    <b>Swann Auction Galleries Aug 7:</b> Graham Simmons, <i>The Army Isn’t All Work,</i> 1919. $1,000 to $1,500.
    <b>Swann Auction Galleries Aug 7:</b> Leonetto Cappiello, <i>Je ne fume que le nil,</i> 1912. $800 to $1,200.
    <b>Swann Auction Galleries Aug 7:</b> <i>Attack of the 50 ft. Woman,</i> designer unknown, 1958. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 7:</b> Raymond Tooby, <i>Festival Guiness / Have You Tried One Yet?,</i> 1952. $600 to $900.
    <b>Swann Auction Galleries Aug 7:</b> Francisco Tamagno, <i>Terrot & Co. / Dijon / Cycles Motorettes,</i> 1909. $2,000 to $3,000.
    <b>Swann Auction Galleries Aug 7:</b><br>A. Hori, Oakland / General Motors, circa 1925. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 7:</b> James Montgomery Flagg, <i>Travel? Adventure? Answer – Join the Marines!,</i> circa 1918. $4,000 to $6,000.
  • <b>Lark Mason Associates, Aug 8-27:</b> Roberts, David. Twenty Lithographs of the Holy Land, 19th Century. $2,000 to $4,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Declaration by the Reps. of the United Colonies of N.A. 1775. $8,000 to $12,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Composer Jerome Kern personal Letters, Albums and Other. $15,000 to $25,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Paine, Thomas. <i>Common Sense,</i> London 1776. $8,000 to $12,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Stowe, Harriet Beecher. <i>Uncle Tom’s Cabin,</i> Cleveland 1852. $4,000 to $6,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Hobbes, Thomas. <i>Leviathan,</i> 3rd edition, London 1651. $2,000 to $3,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Anno Regni Georgii III. Intolerable Acts and other Bills, 1774. $15,000 to $20,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Wilberforce, William. An Abstract of the Evidence, 5 Letters, and two books. $6,000 to $9,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Nightingale, Florence. Notes on Nursing and Signed Letters, ca. 1860 $4,000 to $6,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Tolstov, Leo. <i>War and Peace,</i> 5 volumes, 1886. $3,000 to $5,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Dickinson, John. Letters from a Farmer in Pennsylvania, 1768. $1,500 to $2,500.
    <b>Lark Mason Associates, Aug 8-27:</b> Twain, Mark. <i>Tom Sawyer,</i> 1877 [and] <i>Huckleberry Finn,</i> 1885. $4,000 to $6,000.

Article Search

Archived Articles

Ask Questions