Author Topic: Are Auction Sites Debt Collectors?  (Read 429 times)

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howucantoo

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Re: Are Auction Sites Debt Collectors?
« Reply #30 on: March 22, 2015 12:39:57 AM »
http://classactiondefense.jmbm.com/2006/07/mccready_v_ebay_ebay_not_a_deb.html


Be advised this case has nothing to do with my theory.

Say what? ?
It is your theory, some nuts already tried it. You want to prove bay is a debt collector and subject to FDCPA when it collects on behalf of a seller (didn't McCrazy try to do the same except it was on behalf of the buyer ?)
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haggard

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Re: Are Auction Sites Debt Collectors?
« Reply #31 on: March 22, 2015 01:22:41 AM »
The opinion talked about all of the prior litigation this particular pro se plaintiff had engaged in that the court thought was harassing and frivolous, and I think unfortunately the court was probably predisposed against him. The distinction made in the case about "acIve" and "passive" collection seems pretty weak.  The opinion said that McCready's use of eBay was in connection with his online business. It seems to me that the court could have disposed of his FDCPA claim by holding that as the seller, his obligations were not incurred for personal family or household purposes, and they could have avoided what in my opinion is a pretty bad holding that is pretty hard to reconcile with other cases involving collection activity that could be called passive as well.
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howucantoo

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Re: Are Auction Sites Debt Collectors?
« Reply #32 on: March 22, 2015 01:41:15 AM »
And not to forget how many times plaintiff had sued ebay and the ones leaving him negative feedback in different courts.Off course, court is going to label his suits frivolous what else could they be?

Ebay and PayPal were/are in cahoots . And there has been debt collections on behalf of one by another. I was contemplating suit last year myself, when E's pal dipped into my account , or when it upgraded my account to business from consumer where I had no business, this was after I threatened it for dipping into my account .

I bet Bruno would have jumped on the wagon as head counsel for McCrazy team.
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

Brunothe JDBKiller

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Re: Are Auction Sites Debt Collectors?
« Reply #33 on: March 22, 2015 06:43:28 PM »
I only skimmed it, but it seems the controversy arose when McCready was ordered to give refunds to people and refused. Ebay then suspended him and attempted to collect the funds. They probably reimbursed the buyer under buyer protection and were trying to recoup their own money, which would have nothing to do with FDCPA.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

arnanda

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Re: Are Auction Sites Debt Collectors?
« Reply #34 on: March 27, 2015 02:10:48 PM »
If the buyer doesn't pay, then the seller can sell the item to the next highest bid or re-list the item.  Whatever fees ocurred eBay waives them and the flake buyer gets a ding on his eBay profile.  I am not seeing how they are collecting any money as the flake buyer didn't pay anything.   ???
TUN - 795/850 (12-13-2014). EQU - 802/850 (11-04-2014). EXP - 796/850 (12-01-2014).
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Brunothe JDBKiller

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Re: Are Auction Sites Debt Collectors?
« Reply #35 on: March 27, 2015 02:16:34 PM »
If a collection agency comes after you and violates the FDCPA, does it matter whether you paid anything or not? You can still hold them accountable.

Collectors don't go after people who have paid. My point is that the site attempts to collect a debt due another. (the seller) Of course they get paid if the buyer pays, so does a collection agency.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

arnanda

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Re: Are Auction Sites Debt Collectors?
« Reply #36 on: March 27, 2015 02:24:20 PM »
eBay doesn't go after the flake buyer because a) the seller allows another buyer (the runer up) of the action to buy it, b) lists it again, or c) forgets about it all together. 

To my knowledge, eBay doesn't send dunn notices to the flake buyer after it is determined the buyer isn't going to pay. 
TUN - 795/850 (12-13-2014). EQU - 802/850 (11-04-2014). EXP - 796/850 (12-01-2014).
Abbreviations 1st Thread
Abbreviations 2nd Thread
Smurfy's Ease of Use

Brunothe JDBKiller

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Re: Are Auction Sites Debt Collectors?
« Reply #37 on: March 27, 2015 02:32:06 PM »
There is no requirement under the FDCPA that requires a dunning letter to be sent by anyone. What auction sites do is provide the seller with a method by which they can attempt to get paid. (unpaid item process) If the buyer refuses, there are "consequences" imposed by the site. The buyer can also be sued by the seller.

They could just let it go, but they do not. They intercede between buyer and seller and offer what amounts to a debt collection process, mainly for personal gain. I think that makes them a debt collector.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.