EBay: Difference between revisions - Consumer Rights Wiki

Line 12:

Ebay users are required to waive their right to a jury trial for disputes:

"If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial."

A new section regarding this has been added:

Waiver of Jury Trial

Line 23:

Line 22:

eBay has also added a clause requiring users to submit to informal dispute resolution, a 45 day period before arbitration can even begin:

If a Dispute arises between you and eBay, eBay is committed to working with you to reach a prompt, low‐cost and mutually reasonable resolution.

Line 38:

Line 36:

eBay has also added a new section on confidentiality which states that all materials exchanged during arbitration are not to be shared outside of the parties’ attorneys, accountants, or business advisors.

eBay has also added a new section on confidentiality which states that all materials exchanged during arbitration are not to be shared outside of the parties’ attorneys, accountants, or business advisors:

Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.

Line 57:

Line 54:

eBay's new terms introduce Batch Arbitration, where similar individual demands are grouped together with a single arbiter assigned to review and make a decision for the entire batch at once.

eBay's new terms introduce Batch Arbitration, where similar individual demands are grouped together with a single arbiter assigned to review and make a decision for the entire batch at once

While eBay and NAM position Batch Arbitration as a way to increase the efficiency of the process, it's important to note that batching claims in this way significantly reduces transparency and visibility into the details of any specific individual claim.

While eBay and NAM position Batch Arbitration as a way to increase the efficiency of the process, it's important to note that batching claims in this way significantly reduces transparency and visibility into the details of any specific individual claim:

To increase the efficiency of administration and resolution of arbitrations, you and eBay agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against eBay by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant’s Counsel"), within a reasonably proximate period of time, for example, a 90 day period, NAM shall:

Line 73:

Line 70:

The only way to opt out of this is through physical mail:

YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THE EFFECTIVE DATE OF THE AMENDMENT OR 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT.

@@ Line 12: / Line 12: @@
 Ebay users are required to waive their right to a jury trial for disputes:
-"If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial."
+    "If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial."
 A new section regarding this has been added:
      Waiver of Jury Trial
@@ Line 23: / Line 22: @@
 eBay has also added a clause requiring users to submit to informal dispute resolution, a 45 day period before arbitration can even begin:
      If a Dispute arises between you and eBay, eBay is committed to working with you to reach a prompt, low‐cost and mutually reasonable resolution.
@@ Line 38: / Line 36: @@
-eBay has also added a new section on confidentiality which states that all materials exchanged during arbitration are not to be shared outside of the parties’ attorneys, accountants, or business advisors.
+eBay has also added a new section on confidentiality which states that all materials exchanged during arbitration are not to be shared outside of the parties’ attorneys, accountants, or business advisors:
      Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
@@ Line 57: / Line 54: @@
-eBay's new terms introduce Batch Arbitration, where similar individual demands are grouped together with a single arbiter assigned to review and make a decision for the entire batch at once.
+eBay's new terms introduce Batch Arbitration, where similar individual demands are grouped together with a single arbiter assigned to review and make a decision for the entire batch at once
-While eBay and NAM position Batch Arbitration as a way to increase the efficiency of the process, it's important to note that batching claims in this way significantly reduces transparency and visibility into the details of any specific individual claim.
+While eBay and NAM position Batch Arbitration as a way to increase the efficiency of the process, it's important to note that batching claims in this way significantly reduces transparency and visibility into the details of any specific individual claim:
      To increase the efficiency of administration and resolution of arbitrations, you and eBay agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against eBay by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant’s Counsel"), within a reasonably proximate period of time, for example, a 90 day period, NAM shall:
@@ Line 73: / Line 70: @@
 The only way to opt out of this is through physical mail:
      YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THE EFFECTIVE DATE OF THE AMENDMENT OR 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT.