Legal Question in Consumer Law in Massachusetts

I purchased an Apple Macbook Pro off Ebay on 9/29/2010. I paid for the item but still have not received it. I filed a dispute with Ebay because when I purchased the item the listing assured me that I was covered by Ebay's buyer protection policy. I tried, in good faith to contact the seller directly, to no avail. I proceeded to file a dispute through Ebay's resolution center. Ebay also attempted to contact the seller and also got no response. I then escalated the case to Ebay for resolution. Ebay then sent me an email saying my account was now suspended and I am not eligible for buyer protection coverage. This is exactly what the email says "We're writing to let you know that your eBay account has been suspended because we found a pattern of high case activity in the eBay Buyer Protection program. This can include a high number of cases, high total dollar value of cases, or other factors." I have tried appealing the decision and I got the same response. I do not have high case activity through the resolution center, so this leads me to believe that the decision was made due to the high dollar amount of the item. If the dollar amount of the item is a deciding factor in Ebay's resolution process, then Ebay should not have listed the item as eligible. My question is, can I sue Ebay for failing to honor their buyer protection guarantee? I am in MA, they are in CA. Could I file a suit in a MA court? Does MA chapter 93A, unfair and deceptive business practices, apply in this situation?

Asked on 12/09/10, 7:47 am

1 Answer from Attorneys

Dmitry Lev The Lev Law Firm

Chapter 93A could certainly apply and MA would be the right jurisdiction. However, you must review eBay's Buyer Protection Policy with a fine tooth comb. It may say that you waive your right to sue over a decision to deny a claim, that the decision is final, or that you must submit to arbitration instead of suing. There could be a ton of other show-stoppers. What was the value of the item?

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Answered on 12/14/10, 5:58 pm

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