EBay: Difference between revisions

     YOU AND EBAY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and eBay are instead electing that all Disputes shall be resolved by arbitration under this Agreement to Arbitrate, except as specified in Section 19.B ("Agreement to Arbitrate").

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

     The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

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:

     You and eBay agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Another new section on Fees and Costs introduces new terms which may disadvantage individual claimants and the introduction of "sanctions" for filing "frivolous" claims which may be effective in deterring users from seeking arbitration for even legitimate claims as it could carry the risk of being responsible for all arbitration and legal fees for both sides.

     To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator may, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedule.

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

     All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief.

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