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Ebay USA Ebay violate Seller's 6th Amendment Rights and Contradicts it's own Store Policies San Jose California
I have been selling on Ebay for 6 years. In May 2008 , Ebay changed it's feedback policy, and started to censor Seller's Feedback Comments about Buyers. Seller's can now only leave positive feedback, or as Ebay has instructed neutral feedback. However, if you choose not to leave feedback, Ebay will hound you will request until you comply. Also, as a Seller, If you post any questions about Civil Rights, and why this one way policy is allowed, Your posting is quickly removed. If you leave a negative comment about a buyer, who has already attempted to extort you as a seller, your comment will be removed, and thus you will receive a warning, or even have your account suspended , or restricted or both.
Ebay is punishing Sellers, who insist on having their 6 amendment rights enforced and still made available to them and insist that as American citizens, they should not have to comply, to policies, that intentional go against the Constitution of the United States.
Now I am not a lawyer , but I feel that my 6th amendment rights have been really trampled on by Ebay. Now it would not be so bad,that if by my civil rights being censored, there was not a viable damage being done to me, as a paying member and as a seller on Ebay.
The fact that Ebay, lets all buyers, know that negative feedback, can not be left by sellers, has opened the door to some buyers who are very sadistic, and predatory against sellers. Buyer thus use, the fact that Sellers freedom of speech, freedom of expression and freedom of press has been shut down by Ebay, to extort and wreak havoc on a Seller's business.
Recently, I received feedback, from buyers, who could not read my ad, because of language differences, and some that just purchased my product to attempt to get a free product from me. Some of those buyers, after attempting to extort me, with bogus claims, of not being able to read English, would log a PayPal complaint as "Not as Described" PayPal would review my ad, and quickly decide in my favor, stating that my ad was very clear and was found to be as described.
In fact, sometimes before or even after losing the buyer returns, to my store and leaves Profane, Accusatory, and Personal Remarks, in reference to me as a Seller. However, if you read the feedback comment left by me , because of the insistance from Ebay, I leave positive glowing 5 star feedback, because if I don't , I am afraid, that the buyer may leave negative feedback on me?
Now the Feedback removal game starts, as I have to spend days, calling Ebay, sending email to Trust and Safety Department, in an attempt to get the negative Feedback removed. I basically get ignored, played games with and just become so frustrated to becoming sick.
Ebay policy says, that Profane Feedback, left from buyer is not allowed. Ebay policy says, that buyers who do not have correct contact information can not leave negative feedback. Ebay policy says a whole bunch of things, but Ebay policies continually change and are not adhered to by Ebay. I feel that Ebay is and has attempted to interpet the Constitution of the United States as it is seen by them.
I send proof to Ebay that the feedback should be removed, the Feedback Department , does not even read the emails, and by the emails that are sent back to me , clearly indicate that the Feedback and Trust and Safety Department, has not read the content of my emails, but instead just sent a can scripted email, in response.
On January 9th, 2009 I awoke to a nightmare. Ebay Trust and Safety, had removed all my listings, and restricted my store. They cited Non Seller Performance Policy. Ebay grades its, sellers only , not it's buyers, over DSR's. My DSR's had fallen in the category of "Item as Described" Ebay previously , had restricted me only from listing new items, and had went to a 21 day hold, of payments made to me from buyers to my PayPal Account, which is a completely different issue, but for the record Ebay and Paypal, are one in the same, one can look into your account information, back and forth, and you as a seller, don't or won't even know it. This makes for very troubling privacy issues, and lets Ebay further abuse its sellers.
After contacting Ebay to let them know that being restricted for 30 days, prematurely, because of the Feedback Department, not relaying or finishing their investigation results,and forwarding the information to the Seller Performance Department, that it will put me out of business, and cause me and my family extreme hardship at this time in our lives. I get the same old canned response, even though I am correct that my seller account, should not have been suspended in the first place. My DSR's were back to acceptable listing guidelines the very next day, after my account restriction and the pulling of all my ads. But Ebay refused to turn my account back on.
Instead Ebay sends me a congratulations for reaching 750 unique positive feedbacks and awards me a purple star? My dsr's are fine, and my overall feedback, when shut off was at 96 percent. Ebay says, the reason my account was restricted, was because I received negative feedback, that exceeded their policy limits. However, the same feedback that I received was from buyers, with less than 30 days, on Ebay , and feedback ratings themselves, of 2, so Ebay by its censorship of my rights as a Seller, has allowed buyers, that are non proven in their Ebay experiences, nor will they ever be really known, because Ebay will not allow negative or even truthful statements to be made about any buyer.
My issue is simply this, Ebay should have never turned off my account , without properly reviewing and completing its investigation. Ebay should not have two different departments, The Feedback Removal Department and the Seller Non Performance Department operating separately, and not communicating, when it is more than obvious, what can happen and has happened in my case.
I have made Ebay fully aware of the tort ,that I feel has been committed against me. That I am not happy that Ebay emailed my customers, and told them that I had violated Ebay rules, and that my listings had been pulled because of those rules, Even though Ebay would not and have not, cited any rules to any members. Ebay even states, and encourages, buyers, to cancel their payments, lodge a Paypal claim and all kinds of things.
This is absolutely ridiculous. Ebay knows that my store was my only source of income, but they don't care. Ebay knows that Paypal reviewed my ads, and decided for me, but they don't care. Ebay knows, by the emails, that certain buyers, were extorting me for free products, but they don't care.
The only thing Ebay cares about is getting more buyers, Ebay doesn't care about Seller's rights, They even have nerve to send me an email that states Ebay does not censor its members, Ebay encourages members to share their truthful experiences about transactions with other members. Seller's even though we do buy on Ebay , do not have equal rights, just plain and simple.
After 6 years on Ebay , 757 positive feedbacks, as MRCARHUNTER, and even an award from Ebay after the unjust restriction of my account and the financial strangle hold that Ebay placed on me. I will soon be gone from Ebay once and for all. I can no longer allow my civil rights, to be trampled on when it has become obvious what the outcome will be, and the additional abuse of Ebay has been in it's unjust and unwarranted actions against me as a Seller.
I can only hope that the right person or people will read and respond to this email. This is not my opinion only but the facts are there to back my statements and opinion up. I know that I must not be alone in receiving this treatment from Ebay . Please add your rebuttal Ebay, This is America and I promise I will not violate your freedom speech, freedom of expression, or freedom of press, like I feel that you have violated mine.
Opinionorfact
Shreveport, Louisiana
U.S.A.
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1 Updates & Rebuttals
Edgeman
Chico,California,
U.S.A.
Are you serious?
#2Consumer Comment
Wed, January 14, 2009
Here is the text of the Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
The Sixth Amendment does not apply to eBay and their policies towards sellers.
By the way, I don't like eBay's policies either, but when you make claims like this the baby gets thrown out with the bathwater.