Block v. eBay, Inc.

Excerpts from accompanying PDF file included here for indexing purposes: Block v. eBay Complaint Block vs. eBay Glenn Block, on Behalf of Himself and for the Benefit of All with the Common or General Interest, Any Persons Injured, and All Others Similarly Situated, Plaintiff, vs. eBay, Inc., and Does 1-100, inclusive, Defendants. Class Action Complaint for Damages and Injunctive Relief Demand for Jury Trial eBay's Shill Bidding Practices eBay's Bidding Policies Inapplicability of eBay's User Agreement Provisions eBay Is an Auction House and Auctioneer Conducting Auctions in California eBay Conducts "Auctions" on Its Internet Website eBay Is an Auction Company that Acts as an Auctioneer eBay "Advertises" Auctions and Auction Services eBay Is a "Person" for Purpose of the Auction Act eBay Auctions "Goods" Pursuant to California Civil Code Section 1812.601(g) eBay Has Conducted Business as an Auction Company and Auctioneer Without Maintaining a Bond on File with the Secretary of State eBay Has Violated California Civil Code Section 1812.607(c) by Failing to Adequately Post and Provide Auction Terms eBay Has Violated California Civil Code Section 1812.608 by Failing to Comply with Numerous Other Provisions Incorporated into the Auction Act eBay Has Violated California Civil Code Section 1812.605 by Failing to Perform Its Duties in Accordance with the Laws of This State eBay Has Violated the Consumer Legal Remedies Act Through Its Use of Shill Bidding eBay's Actions Have Violated California's Unfair Competition Law This action revolves around EBay's use of unlawful, unfair, fraudulent, and unconscionable "shill" bidding which artificially inflates the bids of EBay buyers. Shill bidding is the practice of bidding on the seller's behalf, with no intention of purchasing the product, for the sole purpose of increasing the bid price of real bidders. This inflation occurs because eBay acts as a "shill" or a "puff" against the current high bidder to artificially inflate a winning bidder's offer when he accedes to eBay's request to increase his maximum bid. Alternatively, this inflation can be seen as an undisclosed fee imposed for the use of eBay's proxy bidding tool. eBay also acts as an auctioneer and auction house in California, without complying with the terms of Cal. Civ. Code §§1812.600, et seq. eBay's illegal behavior deprives plaintiff, and all those similarly situated, of the specific protections required of auctioneers and auction houses in California, including failing to maintain a bond with the California Secretary of State and failing to post and provide auction terms, among others.