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Case ID: 3540 | Technology | 07/12/2004
A national class action has been filed against eBay, Inc., on behalf of eBay auctioneers who allege that they were charged twice the amount they actually owed eBay after the online auction house launched a new payment processing system in February 2004. The action alleges that the company violated California consumer protection laws when it overcharged these and other individuals who sell items on its site. The lawsuit seeks unspecified compensatory and punitive damages.
According to the complaint, Robert Cerreta and Nancy Spaulding, who hail from Florida and Ohio, respectively, were charged twice the amount they actually owed eBay for handling auctions of goods they were selling. The eBay users assert that the funds were then inappropriately drawn from bank accounts and credit cards they had registered with the company. In addition, the two customers said that eBay threatened to suspend their user accounts over the disputed charges. Company executives have already apologized publicly for the billing issue. In mid-June, General Manager Jeff Jordan told attendees at the company's user conference that eBay had discovered the double-billing issue, fixed the problem and was in the process of addressing credit issues that had resulted from the mistake. Jordan acknowledged in a speech that eBay had let its customers down, and he promised that the company would be more careful in launching a new search tool that is one of the company's forthcoming technological improvements. The billing problem first surfaced on the company's own online user forums. eBay's billing team eventually posted messages to the discussion area, pledging to fix the issue and help customers address any mistakes. While Cerreta and Spaulding allege that they were overcharged only about $20, they also maintain that eBay's payment system rounds up the dollar amounts it charges sellers without telling them, in violation of their user agreements. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Technology Cases of Interest Several class actions have been filed against onshore oil well services company Key Energy Services, Inc., (NYSE:KEG) and certain of its officers and directors by stockholders who purchased the company's common stock between April 29, 2003, and June 4, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Several class actions have been filed against technology company Wave Systems Corporation (Nasdaq: WAVX) and certain of its officers and directors by stockholders who purchased the company's common stock between July 31, 2003, and February 2, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The parties have reached a tentative settlement, apparently valued at $1.8 million, in two related class actions filed against online marketing service LookSmart, Ltd. on behalf of LookSmart customers who purchased a listing from the company between May 13, 1998, and April 9, 2002. The customers allege that they agreed to a contract that included a one-time payment to LookSmart for listing services only to find that the company, in violation of their contracts and California business laws, unilaterally changed their accounts so that they were required to make additional payments. Claim forms must be submitted online on or before November 14, 2003, to be considered valid. Cellular telephone plans have become so complicated that many consumers are unable to fully understand exactly what it is they are being charged for. On August 28, 2003, the court granted final approval to the parties' settlement, apparently valued at a minimum of $6 million, in two related class actions against cellular telephone service providers Cellular One, AirTouch Cellular, and Verizon Wireless on behalf of all persons who received service using a calling plan that assessed toll or landline charges in the amount of $0.082 per call in the state of Michigan between March 1, 1993, and the date of the final judgment in the action. Claimants must make claims within 150 days of the date of the final judgment in the action. The parties have reached a $37 million settlement in an SEC administrative proceeding filed against Symbol Technologies, Inc. (NYSE:SBL) on behalf of stockholders who purchased the company's common stock between February 15, 2000, to October 17, 2002. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Persons eligible to take part in the settlement should contact the prosecuting attorneys for more information.
The parties have reached a tentative $3.55 million settlement in an action filed against nuclear medicine company ADAC Laboratories, Inc. and Koninklijke Philips Electronics N.V. on behalf of stockholders who sold the company's stock in connection with the acquisition of ADAC with Koninklijke Philips Electronics N.V. via a November 2000 tender offer and subsequent merger. Persons eligible to participate in the settlement must file a proof of claim postmarked no later than May 4, 2004. |
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