Luis Rosado, individually, and on behalf of other members of the general public similarly situated v. Ebay Inc.
Published: Nov. 28, 2015 | Result Date: Sep. 10, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:12-cv-04005-EJD Settlement – $1,200,000
Court
USDC Northern
Attorneys
Plaintiff
Jordan L. Lurie
(Pomerantz LLP)
Tarek H. Zohdy
(Capstone Law APC)
Robert K. Friedl
(Capstone Law APC)
Cody R. Padgett
(Capstone Law APC)
Defendant
Whitty Somvichian
(Cooley LLP)
John C. Dwyer
(Cooley LLP)
Michael G. Rhodes
(Cooley LLP)
Facts
Luis Rosado filed a class action lawsuit against eBay Inc., relating to the "Buy It Now" feature on eBay's website.
Contentions
PLAINTIFF'S CONTENTIONS:
Rosado contended that he and other sellers paid a fee to list a "Buy It Now" item on eBay's website. When the "Buy It Now" button was clicked by a prospective buyer, plaintiff contended that defendant automatically delisted the item from its website even though the item was not actually sold at the time of the delisting. Plaintiff argued that if the sale did not occur sellers were deprived of the remaining listing days that they had paid for. He further contended that eBay did not adequately disclose this practice.
Plaintiff asserted causes of action for violation of False Advertising Law, the Consumers Legal Remedies Act, Unfair Competition Law, breach of the covenant of good faith and fair dealing, breach of quasi-contract and declaratory judgment.
DEFENDANT'S CONTENTIONS:
eBay contended, in part, that plaintiff's claims failed because they were inconsistent with the express terms of the parties' agreement.
Result
eBay settled the class action for $1.2 million. Eligible class members will receive between $5 and $15.
Other Information
FILING DATE: July 30, 2012.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390