This site is dedicated to new EBay users who may become a victim of what I believe to be fraud and deception perpertrated by con-artists, theives, and confidence games-persons.

English, Journalism, and Law students at the University of Santa Clara are encouraged to document and report on stories involving internet, world wide web, and new media crimes and moral excesses.

Case 1: Reminder To Pay Your Ebay Seller for Steven M Karlsrud, March 2002

This 1st case involves an item which I (Kenichi M Miyazaki) am the seller on EBay. The item I am selling is a used Pioneer DVD-RW drive. I had bought this drive to burn several DVD-ROMs for a class project, used for 8 weeks, then decided to sell it since it was not needed any longer.

The auction page stated the starting bid price $1.00 to avoid reserve price fees. The buyer won the auction at a very good price of $400.00. Ebay rules state that both parties should honor the auction terms as stated on the auction page. The auction page stated an additional shipping charge of $8.00.

Typically, Ebay buyers who have concerns or purchase pre-conditions email the seller PRIOR to the end of the auction to ask any specific questions or request any special post-auction arrangements. In this case the buyer did not make any special requests before making his bid. Thus, the terms of the auction page are in effect and both buyer and seller are obligated to complete the transaction as stated.

The auction closed on Friday, the 22nd at 7 p.m Before starting my weekend, I made sure that I would be around to answer any emails that bidders may have.

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AFTER the auction closed, the buyer made a request via email to pick up the item locally that weekend, since the buyer and seller are located only 50 miles apart in the Silicon Valley or Frisco area.

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I said fine, since I could leave it at my relatives for willcall, but I want cash.

The buyer indicated that he will pay by cash and that the weekend is the best time for him.

I said to be at my relatives house in San Jose on Sunday after 6 for willcall. After I sent this email then I went skiing for the weekend.

FYI, my server issues automatic payment emails to buyers as a courtesy.

While I was gone skiing, the buyer sent an email on Saturday, the 23rd, saying he can't make it on Sunday.

[See the email of 25 Mar 13:07, two emails below, starting with ">>". I did not save this email separately, but it is cc'ed in the buyers email response.]

After returning Monday the 25th from skiing all weekend, I discovered the seller was busy with his kid, so I understood why he failed to show up as he was specifically instructed by me to do so.

Because of my schedule, and job, I am not available for willcall. I next issued payment instructions to the buyer, which stated that I will honor the terms of the Ebay auction page, and that he should submit payment via the U.S. mail, after which the item will be sent via FedEx Ground.

In my opinion, the buyer next responded in an emotional manner.

In order to simplify this situation, I responded by stating that we waited for him on Sunday the 24th, but he was a no-show, that no one is available at the present time, and to please defer to the terms as stated on the Ebay auction page.

After 3 days, the buyer failed to follow previous payment instructions, so an Ebay Payment Reminder was issued.

On Tuesday, the 26th, I next looked up the buyers Ebay registered information. (This information is considered confidential by Ebay, thus it is rubbed-out here).

On the same day, the buyer responded with what I consider to be another emotional email, in which he explains his previous actions, where he attempted to unilaterally change the terms of the auction, by stating in effect that I am supposed to be available for willcall 7 days a week. I don't know of a single individual Ebay seller who is available for willcall 7 days a week. The buyer's attempt to unilaterally change the terms of the auction without my approval is a violation of Ebay rules.

I responded again, requesting that the buyer honor the Ebay auction page as is required of BOTH the seller and the buyer.

On Wednesday the 27th, the buyer responded in what I consider to be hostile manner, openly defying the terms of the Ebay auction to which we are both legally bound.

I began an investigation of this person and company, by looking up publicly available information on the web/internet.

I contacted the San Carlos Police Department. They referred me to the Internet Fraud Unit.

I contacted the San Francisco Police Department. I was referred to the Hi-Tech Crimes Unit.

I contacted the Alameda Police Department, which is a small town, they referred me to the Alameda Country Sherrifs Department.

I contacted Dun and Bradstreet and obtained corporate information on this individual and his companies. (This information is public but copyrighted by D&B, thus it cannot be disclosed here).

I contacted the Santa Clara County Small Claims Court. They said that unless the seller is in posession of the merchandise, that there is no possibility of my making a small claim. That I would have a claim only if the check bounced or payment was rejected by the bank. So this is where the dilemmna is. The current legal system is not setup to protect persons from what in my opinion are dishonest companies and individuals who do not honor their Ebay auction bid commitments. The only recourse is Civil Court, which is very expensive. Ebay does have a rule which limits companies and individuals to three (3) non-payment violations, but this allows for two (2) unpunished occurences, for which I believe I am a victim of here.

The following day, the 28th, I made another email attempt to invite the buyer to honor his auction purchase obligation.

On the 29th, after 7 days of the auction close, I issued an Ebay Non-Payer Reminder to the seller. The seller has 10 days to pay, or he will receive a non-payer-bidder warning from Ebay. After 3 NPB's a seller is terminated from Ebay.

Payment has not been received yet.

In addition to the time and expense of waiting for non-payment credits from Ebay, the insertion fee is non refundable from Ebay. I guess Ebay does this since there are some deceitful sellers who may fraudulently claim to have not been paid in order to obtain refunds under false pretenses. I would urge Ebay to institute a mechanism to verify non-payer claims, so that these fees can be refunded. After all, as in my case I believe that it is possible that I have have been duped by a professional con-artist.

If you have any questions for me I can be reached at [email protected]

Law Enforcement Links: TBD

Internet Fraud Links: TBD

Ebay Fraud Links: TBD