Stand Up to eBay’s Arbitration Absurdity

Tell eBay to Remove Forced Arbitration from Its Terms of Service or at Least Allow Users to Opt Out Online

EBay’s new terms of service would be laughable if they weren’t so outrageous.

To buy or sell something on eBay (a popular online auction site), users need only point and click.

But if eBay users want to protect their constitutional rights by opting out of a forced arbitration clause and ban on consumers joining together in class actions in the user agreement … that’s quite a bit more complicated.

According to eBay’s new terms, users may opt out of these provisions — BUT, in order to do so, eBay requires users to print and mail a signed letter to an agent in Utah.

There is really no reason why users shouldn’t be able to opt out by clicking a button – just like everything else they do on eBay’s website. To ask for snail mail is absurd.

Add your name below to tell eBay: Don’t deny your customers’ rights, and don’t hide behind a bogus offline opt-out.

We, the undersigned, call on eBay to remove from its terms of service the forced arbitration clause and the ban on joining together in a class action. EBay customers should not be required to sacrifice their legal rights. If eBay refuses to remove these terms, the company should at least provide an online opt-out option.

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How to Opt Out

DEADLINE: EBay's terms require current users to opt out by Nov. 9, 2012. New users have 30 days from the day they sign on to eBay's terms.

The only way to opt out of eBay’s forced arbitration provision is by mailing eBay a signed letter that includes specific information. We’ve prepared a sample letter for eBay customers who want to opt out.

Here’s what to do:
1. download the sample letter as a PDF (move your cursor over each box to see what information to enter) or Word file (edit as indicated)
2. print it
3. sign it (It must be signed!)
4. make a copy to keep for your records
5. mail your signed letter to:
eBay Inc.
c/o National Registered Agents, Inc.
2778 W. Shady Bend Lane
Lehi, UT 84043
(This suggestion is not intended as legal advice.)

Public Citizen's Letter to eBay

Read Public Citizen's letter urging eBay to remove the forced arbitration clause and class action ban from its terms of service (PDF)

What exactly do these stealth provisions do?

A forced arbitration clause means that if you ever have a dispute with the company, you can’t go to a public court. You’ll have to go to a private, secretive tribunal chosen by eBay.

The class action ban means that you can’t band together with other customers to make pursuing claims worthwhile. If eBay rips off every user by a few dollars, that would mean millions of dollars in ill-gotten gains with no accountability.