Sarah Mirando  |  May 1, 2012

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

eBay

UPDATE: A federal judge dismissed the eBay ‘Good Til Cancelled’ Class Action Lawsuit with leave to amend on May 30, 2013.

UPDATE 2: On Jan. 15, 2015, the parties asked a federal judge to approve a $6.4 million settlement of the eBay Good Til Cancelled class action lawsuit.

UPDATE 3: The eBay Good Til Cancelled class action settlement was preliminarily approved on Jan. 29, 2015. To learn more about the eBay settlement, click here or visit www.eBayGoodTilCancelledClassAction.com.
A federal judge last week dismissed most of a class action lawsuit alleging eBay improperly charged sellers recurring fees for the “Good Til Cancelled” option, which was advertised at “no extra cost.” However, eBay was unsuccessful at having the entire lawsuit dismissed.

The Good Til Cancelled option was introduced by eBay in September 2008 as a policy that automatically renewed an unsold product listing unless the seller canceled the post or sold the item. eBay represented to sellers that the Good Til Cancelled option was at “no extra cost” to them and would be a fixed, flat rate that could be renewed monthly for an indefinite period. However, eBay charged sellers a 35-cent “insertion” fee for every month it renewed the listing, and recharged for any of the extras that the seller initially chose when posting an item.

Lead Plaintiff Richard Noll filed a class action lawsuit against eBay in September 2011 claiming eBay did not make these recurring fees known when sellers signed up for the Good Til Cancelled option. He sought damages for a proposed class of eBay sellers who were charged for the using the supposedly “free” option, as well as an order requiring eBay to clarify its “no extra charge” language.

U.S. District Judge Edward Davila dismissed Noll’s claims for fraud, unfair competition, false advertising and consumer legal remedies, but refused to dismiss Noll’s claims of breach of contract, unjust enrichment/restitution and declaratory judgment.

No information was provided on the next court date. Keep checking Top Class Actions for updated information on the case when it becomes available.

The eBay “Good Til Cancelled” Class Action Lawsuit case is Richard Noll v. eBay, Inc., Case No. 11-cv-04585, U.S. District Court, Northern District of California.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Updated June 5th, 2013

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2012 Top Class Actions® LLC
Various Trademarks held by their respective owners.

2 thoughts onJudge Prunes eBay “Good Til Canceled” Class Action Lawsuit

  1. Top Class Actions says:

    UPDATE 3: The eBay Good Til Cancelled class action settlement was preliminarily approved on Jan. 29, 2015. To learn more about the eBay settlement, click here or visit http://www.eBayGoodTilCancelledClassAction.com.

  2. Top Class Actions says:

    UPDATE: On Jan. 15, 2015, the parties asked a federal judge to approve a $6.4 million settlement of the eBay Good Til Cancelled class action lawsuit.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.