NOTICE OF CLASS ACTION SETTLEMENT

LUIS ROSADO V. EBAY INC.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
CASE NO. 5:12-CV-04005 EJD
Your legal rights may be affected. Read the [Notice] carefully to determine whether you are a Class Member.

This is the official website regarding the settlement (“Settlement”) of a class action lawsuit against eBay related to certain aspects of eBay’s “Buy It Now” option.

Plaintiff Luis Rosado brought this putative class action against eBay on July 30, 2012. This case involves certain specific aspects of the “Buy it Now” feature, which allows prospective buyers to purchase an item listed for sale on eBay at a fixed price before the end of the designated listing period (e.g., 3, 5, 7, 10, or 30 days). The “Buy It Now” option can be used with an auction-style listing or on its own. During the relevant time periods, when a prospective buyer clicked the “Buy It Now” button in a listing to initiate a purchase, eBay automatically delisted the item. However, the buyer would still need to complete the payment process. If the buyer failed to do so, eBay did not automatically relist the item for the remaining duration of the listing period. Plaintiff alleges that in such circumstances, eBay deprived sellers of the full value of their listing and seeks to recover a portion of the fees that sellers paid for the disputed listings. Based on the foregoing allegations, the Second Amended Complaint asserts six causes of action against eBay: (i) violation of California’s False Advertising Law; (ii) violation of the Consumer Legal Remedies Act; (iii) breach of the covenant of good faith and fair dealing; (iv) violation of the Unfair Competition Law; (v) breach of quasi-contract; and (vi) declaratory judgment.

The parties have reached an agreement to settle the Action (“Settlement Agreement”). The Court preliminary approved the Settlement on September 10, 2015 and ordered that notice be provided to the Class Members, , who are defined as all eBay sellers in the United States who paid Listing Fees to place a “Buy It Now” Listing on eBay’s websites during the period from July 30, 2008 to September 10, 2015, whose item was subsequently delisted when the “Buy It Now” button was selected by a prospective buyer prior to the end of the scheduled listing duration, who were not ultimately paid by the prospective buyer for the listed item, and whose Listing Fees were not refunded by eBay (“Class Members”). The Court’s ruling also appoints the law firm of Capstone Law APC to act as Class Counsel for Settlement purposes and to represent the Class. The Court’s ruling is not a determination that the Court views the claims in this Action as having merit or not. eBay has denied, and continues to deny, the factual and legal allegations in the case. By agreeing to settle, eBay is not admitting liability on any of the factual or legal claims in the case or admitting that the case can or should proceed as a class action. eBay has agreed to settle case as part of a compromise with Plaintiff and in order to avoid the expense and distraction of continued litigation.

This website is maintained by the Claims Administrator to provide information on how the proposed Settlement of the Action may affect you. Additional details about the Action can be found on the Court Documents page of this site.

Summary of Settlement Terms

Your Options Under the Settlement

Claims Released by All Class Members Who Do Not Opt Out of the Settlement

All Class Members who do not opt out of the settlement by following the instructions above will release the Released Claims, which are defined as all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating in any way to any of the factual allegations or legal theories that were raised or could have been raised by Plaintiffs in connection with eBay’s “Buy It Now" option. With respect to the Released Claims, Named Plaintiff and all Class Members who do not validly and timely request to be excluded from the settlement, and each of their respective successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-528-0186

Important Dates

  • 12/8/2015
    Deadline to submit a Claim Form
    You must submit a claim online or mail your claim form so that it is postmarked no later than Tuesday, December 8, 2015.
  • 12/8/2015
    Deadline to Exclude yourself from the Settlement
    You must send a written Exclusion Request so that it is postmarked no later than December 8, 2015.
  • 12/8/2015
    Deadline to Object to the Settlement
    You must mail your Objection to any aspect of the Settlement so that it postmarked no later than December 8, 2015.
  • 2/25/2016
    Final Approval Hearing
    The Final Approval Hearing is currently scheduled for February 25, 2016. Please check this website for updates as the hearing date is subject to change.

Important Documents