Online auction company eBay Inc. has agreed to settle a class action lawsuit over allegations it incorrectly described its eBay Featured Plus! listing upgrade to sellers. If you used the eBay Featured Plus! upgrade between 2008 and 2013 to list items for sale on eBay, you may be eligible to claim compensation or credit of the fees you paid.
Class Members include all eBay members in the United States who, from Jan. 23, 2008 to Feb. 4, 2013 (the “Class Period”) listed items for sale on eBay’s websites with the Featured Plus! upgrade, and incurred the Disputed Fees in connection with such listings.
Varies depending on how much you paid in Featured Plus! fees and during which time period. For Example:
- You will receive approximately 1.8% of what you paid for Featured Plus! during the period between Jan. 23, 2008 and Sept. 28, 2009 period (thus, by way of example, if you paid $19.95 for Featured Plus! during this time period, you would receive approximately $0.36 from the Net Settlement Fund); and
- You will receive approximately 16% of what you paid for Featured Plus! during the period between Sept. 29, 2009 and the present (thus, by way of example, if you paid $19.95 for Featured Plus! between Sept. 29, 2009 and the present, you would receive approximately $3.19 from the Net Settlement Fund).
Proof of Purchase
Claims will be paid based on eBay’s records.
Claim Form Deadline
Active eBay Accounts. If you have an active eBay account, the amount credited to you will be calculated based on eBay’s records and will be automatically credited to your existing eBay selling account. It is not necessary for you to do anything if your account information is correct. Please note that the credit will be applied to any outstanding and unpaid balance, if any, you have with eBay.
Inactive eBay Accounts. If you do not have an active eBay account but you did not close your account (for example, if your account is on hold due to an outstanding negative balance or suspended due to some other issue), then you will automatically be sent a check to the current address information on your account. It is not necessary for you to do anything if your account information is correct. If your account information with eBay is not current, please click here to update your account information by no later than March 20, 2014.
Closed eBay Accounts. If you have a closed eBay account, you are entitled to receive a check. However, no check will be sent automatically and you must provide current address information, because eBay was unable to find contact information for you. In order to do so, please click here to update your account information by no later than March 20, 2014.
Check Option (Limited): If you have an active eBay account, your credit is greater than $1.00, and you prefer to receive a check, please contact the Settlement Class Administrator as described below in order to provide your name and address and to request that a check be sent to you. You must do so by no later than March 20, 2014. Please note that for amounts equal to or less than $1.00, no checks will be issued to Active eBay Account holders due to the expenses associated with processing and mailing a check and in order to minimize the costs of administration for the Settlement Class as a whole. If you request a check, the check amount will not be reduced or offset based on any amounts you owe to eBay. Please note that, at any time, you may apply for a refund of your eBay credit balance, if any, in accordance with eBay’s existing “Requesting a refund of your eBay credit balance” policy, currently available at http://pages.ebay.com/help/sell/refunds.html#what
IF YOUR CURRENT EBAY SELLING ACCOUNT INFORMATION DESCRIBED ABOVE IS NOT CORRECT AND YOU DO NOT UPDATE YOUR INFORMATION AS DESCRIBED ABOVE, YOU MAY NOT GET THE BENEFIT OF THE SETTLEMENT.
Custom LED LLC v. eBay Inc., et al., Case No. 12-cv-00350, in the U.S. District Court for the Northern District of California
The eBay Featured Plus settlement resolves allegations raised in a class action lawsuit (Custom LED, LLC v. eBay Inc.) that the auction site didn’t deliver on its promise that eBay seller ads would be bumped to the top of search pages if they paid $39.95 for eBay’s Featured Plus! service.
Plaintiffs in the class action lawsuit alleged that eBay did not list Featured Plus! items at the top of the first page of search results that contained more than 50 items, and instead placed the listing at the top of a subsequent page. They further argued that the Featured Plus! system only worked in search results that were sorted by “Best Match” and did not function in searches organized by location, price or time. The class action also claimed that the Featured Plus! system only worked for items listed in eBay Motors categories if the search was initiated from eBay Motors.
EBay has denied any wrongdoing but agreed to settle the class action lawsuit to avoid the uncertainty and expense of trial.
eBay Featured Plus Class Action
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
Keith R. Verges
Parker D. Young
Raymond E. Walker
FIGARI & DAVENPORT LLP
LAW OFFICE OF SHAWN T. LEUTHOLD
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