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eBay Accused of Price Gouging Scheme

Symbiot writes "eBay is being sued in a Calilfornia court for a practice that the plaintiff, Glenn Block of Pennsylvania, claims artificially raises the amount of a bid. The practice combines the warning emails that eBay sends out when you are the highest bidder and your bid is at your maximum, with the bid increment mechanism. It seems that if your original maximum bid settnig prevents your current bid from falling on an increment then your current bid will be raised to the next increment as soon as you raise your maximum. If the plaintiff wins this class action suit could cost eBay tens or hundreds of millions of dollars."

7 of 427 comments (clear)

  1. Another article at InternetNews.com by 3nuff · · Score: 5, Informative

    ...with a little more substance than the Reuters.com blurb can be found here.

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  2. Re:Had Similar Experiences by Shakrai · · Score: 5, Informative

    I had a max of say 100.01 and another bidder had bid 100.00 while the current high was substantially lower, so it showed 'You have been outbid the current high bid is 100.01' Now, they could bid at least 102.51 and take the lead or had figured that was just too much, either way, I see that they have homed in and I raise my cap to 125.00, suddenly my high bid is 102.50 rather than 100.01

    But for the minor fact that eBay tells you this is how the bidding system works. If you wanted to avoid this then you just should have bid $125.00 to begin with. On eBay if somebody else bids the same amount (within the increment) as you did then you are still the high bidder because you placed that bid earlier. When you decided to up that to $125.00 that bid took over -- hence the later bid was the winning bid and it needed to be higher then not equal to the previous bid. This is all documented on eBay's site.

    I think that's a gross exaggeration of the problem, however it could cost eBay a lot in man-hours auditting the results of every auction since the beginning to determine who is entitled to a refund.

    I doubt they'd bother with the audit. They'd just put X amount of dollars into a fund and tell everybody who might be eligible that they could collect from it. Better then half won't bother -- is my time to fill out and read that document worth a few bucks?

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  3. URL by Shakrai · · Score: 5, Informative

    In the bad form of replying to my own post I found the help section on eBay that explains this policy. To quote:

    Let's say you are tied with another bidder and you hold the official high bid because you placed that bid amount first. If you place another bid, you will lose your favored "early bird" status. As a result of putting in another bid (causing you to become a later bidder), the system will increase your bid to one bid increment more than the previous bid just so that you can keep the position of high bidder.

    Another instance where it would appear that you are bidding against yourself would be if your current high bid is between bid increments. If you were to place another bid, your bid will increase to the next round bid increment.

    The high bid will always try to be a full bid increment over the next highest bid. If you are currently less than one bid increment over the next highest bid, then raising your maximum bid will increase the current high bid to a full bid increment above the next highest bid.

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    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
    1. Re:URL by daVinci1980 · · Score: 4, Informative
      unless you accept Ebays twisted definition of tied as "closer than the bidding increment"

      Actually, that is commonly accepted auctioning practice, according to any number of well-known and very reputable auction houses.

      Just because eBay does it online doesn't mean they shouldn't respect the tried and true method of bidding in increments. Otherwise people would get very snarked as someone goes in and outbids them by pennies everytime.

      Bidding in increments has been around auctions since the 1700s. Why should eBay do it any differently?
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  4. Nobody seems to understand... by syukton · · Score: 5, Informative

    Nobody seems to understand the problem here. It isn't about winning auctions. It's about eBay automatically increasing your bid for no real reason.

    Here's the scenario:

    You bid on an item for, say, $80.
    Somebody comes along, bids $75.
    Your bid is auto-incremented to $76 to beat out this other bidder.
    You, getting nervous that somebody might usurp your spot with a max bid of $80, increase your maximum.
    When you increase your maximum bid, eBay automatically increments the CURRENT bid value by the increment amount, EVEN THOUGH YOU WERE THE CURRENT HIGH BIDDER TO BEGIN WITH.

    This is where the price gouging comes in. You are already the high bidder, you're just increasing your maximum bid. It shouldn't increase the current bid when the current high bidder increases his maximum, though. That is totally nonintuitive. The system interprets your maximum bid increase as a "competing bid" however and checks its max value against the current max bid value, and if greater, it "bids" on the item with the new max value, increasing the cost by the minimum increment, just as if ANOTHER bidder had come along and bid on the item at a higher value.

    It's like you're bidding against yourself whenever you increase your maximum bid, and THIS is the price gouge that is to be disliked.

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  5. EBay "is not an auctioneer" by Dogtanian · · Score: 4, Informative

    One thing I can say is good, though, is that eBay doesn't nail bidders for a fee as well. I've had to shell some $$ in the past on other auctions and thought that was pretty scurvy, but it actually is practice at many large auction houses. Sothebys and the like didn't become famous for their charity to buyers and sellers.

    Yeah, but acccording to themselves (IIRC) EBay are not auctioneers:-

    From Ebay.com and also at Ebay.co.uk, they say that:-

    3. eBay is Only a Venue.

    3.1 eBay is not an auctioneer. Although we are commonly referred to as an online auction web site it is important to realise that we are not a traditional auctioneer. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from anywhere, in a variety of price formats. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers.


    In short, they do a lot less than Sothebys and friends, so I don't consider this largesse in any way.

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  6. Re:To be fair... (credit card fees)... by neurocutie · · Score: 4, Informative
    To be fair, Paypal was at least once a separate entity, and of course it had to make money to exist. But what drive's Paypal's fees (besides the usual bookkeeping/admin costs), are credit card fees. Remember that every time a vendor accepts a credit card payment, the VENDOR, not the customer, must pay the credit card company a fee, which generally ranges from 2-5% of the transaction. So Paypal is acting as the vendor so that each seller doesn't have to start up his own merchant CC account. You'll find that Paypal's fees aren't that much higher than the credit card fees alone. But that is also why Paypal started to try to encourage buyers to use their bank accounts to fund transactions, to avoid having to pay the CC fees.

    I've been with Paypal since near its beginning and I've always been surprised that its made it since its margins are actually very low. So yeah, Paypal isn't doing that much gouging, at least on this issue... (it has other problems...)