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Eric, when a Seller (thru E-bay, Merchant or otherwise) induces you to pay
money based upon a promise to give you something of value (like a soft top),
receives the money and then fails to deliver the goods, the Seller is guilty
of several civil and criminal acts which vary state to state. In Maryland,
this practice would fall within the category of Maryland's consolidated
theft statute, exposing the thief to various penalties including
incarceration and fines which vary depending whether the value of the goods
stolen is less than $300.00 (a misdemeanor) or equal to or greater than
$300.00 ( a felony). That's just the background. Now the suggestion:
To the extent that E-bay KNOWINGLY permits a Seller to conduct this unlawful
business through its website, E-bay could be implicated in the theft under a
theory of either conspiracy or accessory before the fact (weird terms,
Huh!!!).
I suggest that E-bay immediately be made aware of the problem, the full
identity of the Seller and that you demand their assistance in gaining the
goods purchased through them. The key here is that the folks at E-bay have
to be AWARE of the problem before they could possibly be implicated (i.e. if
they know the guy's a crook and they continue to let him rip others off by
accepting his ads)
This is a problem that will become worse as the popularity of internet
auctions grows. We'll likely see legislation aimed at the problem over time
on the state level and maybe, even at the federal level. In the mean time,
you need to complain loudly and consistently.
If this doesn't help, threaten to contact the State Attorney General Office
of Consumer Protection and file a formal complaint
Eric Frisbee wrote:
> Does anyone have any other email addresses or phone numbers for either
> of
> these people? I have tried every email, including the new one on eBay,
> also have called every phone number given to me by all of you. The
> emails
> seem to go through alright, but the phones are all disconnected. My
> check
> was cashed on 27 Jan 2000 and no top received as of this date, nor any
> messages
> sent to explain why. I figure this is my final plea, then it's off
> to eBay
> for help in collecting this. thanks everyone!
>
> Eric
> WyCROC
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