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The Courts Government The Almighty Buck The Internet News

eBay Accused of Price Gouging Scheme 427

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."
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eBay Accused of Price Gouging Scheme

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  • by ackthpt ( 218170 ) * on Thursday February 24, 2005 @06:51PM (#11772149) Homepage Journal
    "Based on what we know about what's being alleged, it appears the plaintiff completely misunderstands the functionality of the eBay bidding system," eBay spokesman Hani Durzy said. He said the company had not yet seen the lawsuit.

    Bullshit. This happened to me once.

    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.

    To shed a different light on this, there was another time a similar thing happened, but when I reloaded the page later it would revert back to my prior high bid, which can be handy for disguising what your actual new cap is. I'm sure they know all about it and had fiddled with the way it works.

    It happened once to my knowledge, so I'm probably only entitled to a couple bucks, but it will be interesting to see how this plays out.

    If the plaintiff wins this class action suit could cost eBay tens or hundreds of millions of dollars."

    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 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 hope if the court does find for the plaintiff they don't make eBay go to those lengths. I agree the practice is bunk, but would hate to see eBay thrown into bankruptcy over something like this. Make them stop, slap their hand, and move on.

      Personally I'm not sure I could live in a world without eBay.
      • I agree the practice is bunk, but would hate to see eBay thrown into bankruptcy over something like this.

        Don't worry, they're making money hand over fist and a few hundred million, if it came to that, would be a drop in the bucket. They should probably worry more about class actions suits in regard to PayPal's practices.

        Personally I'm not sure I could live in a world without eBay.

        Je suis d'accord. But as they keep fscking around with their formula I loathe them more and more each day.

        • ANYONE that has sold 20 or more items in the past will completely agree with you.

          You might make money on ebay, but without a doubt, ebay is the one getting rich. And good for them, to a point. The Paypal shit, though, will get them burned in hell.

      • by ArmchairGenius ( 859830 ) on Thursday February 24, 2005 @07:21PM (#11772400) Homepage
        I am as close to 100% sure as I can be that Ebay has liability insurance (D&O insurance) that would cover this type of claim.

        So even if it did cost them "hundreds of millions" - which it won't - they would be okay because their insurance would pick up all/most of that.

        If the suit doesn't get dismissed, it will probably settle for significantly less than what the story projects - and probably not even cash but "ebay coupons" or something like that instead, plus cash to the plaintiff's lawyers.

        • I'm sure the claim was noticed under the policy, but it should not be paid. This type of claim is not what D&O policies are designed to cover. Also, D&O policies have what are known as conduct exclusions, which carve out coverage for fraud, among other things. However, if the suit proves legitimate and this causes the stockholders of eBay to sue the D's and O's for failure to supervise or some other such cause of action, the policy might then respond (depending on the specific policy terms, like w
      • Class action lawsuit means lawyers make money. This has happened to me on eBay but I never thought about bitching about it. They do a few other slimey things for me to think about this one.

        Everyone will get an email from eBay saying they're eligible for a refund. 95% won't make it past most spam filters.
        • by cgenman ( 325138 ) on Thursday February 24, 2005 @11:37PM (#11773980) Homepage
          Everyone will get an email from eBay saying they're eligible for a refund. 95% won't make it past most spam filters.

          That's awesome! I'll have to try that next time I'm forced to repay people.

          "I am Former Ebay President and Nigerian Billionaire. Though this proposal may be very surprise to you as we have not met in any way before.

          I got your contact address through your country's judiciary and feel you will serve as a reliable source to be used to achieve this aim, by trusting under the care of you and other people like you (the plaintifs) the total sum of THIRTY MILLION US DOLLARS (US $30M). Does that not make you stand up and take notice? You have not tried Cialls yet?

          - The settlement lasts 36 hours!
          - you are ready to start within just 10 minutes!
          - you can mix it with alcohol!

          Choose the time and the place. Our settlement will do the rest. Now 2 - 10 times cheaper than our competitors!

          Please include the details of your case information including your Ebay(tm) username, the ten-digit auction number, and the names of the other parties involved. By joining this settlement you agree to indemnify Ebay and all of it's affiliates against all future liability with respect to the action at hand. Include your contact phone number so we can send your case information to law firms that have successfully settled cases in your area.

          Friend, you may be a winner! I is being confused. Why have you not claimed your cash? Do you not like cash?

          Sincerely,
          The Law Office of Dewie, Cheatem, and Howe
          "

    • "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."

      I've noticed this as well.. but . . .

      "when I reloaded the page later it would revert back to my prior high bid, which can be handy for disguising what your actual new cap is. I'm sure they know all about it and had fiddled with the way it works."

      This is probably your browser caching the old page, which I've also had happen. It's not their fault you need to reload the page.
    • by MBraynard ( 653724 ) on Thursday February 24, 2005 @06:57PM (#11772200) Journal
      The real question is whether or not this is in the fine print. If it isn't, either a CA judge or a jury is going to give Ebay a mighty whoopin where they will have to refund the embezzled amount to everyone.

      And please keep note as to whether Ebay stops this practice before the court requires them to as an indication of the confidence in their innocence.

    • Comment removed (Score:5, Informative)

      by account_deleted ( 4530225 ) * on Thursday February 24, 2005 @06:57PM (#11772201)
      Comment removed based on user account deletion
      • is my time to fill out and read that document worth a few bucks?

        I know I'll fill it out and get my cut - just in case it ever happened to me. Heck, it's fee money.
      • by orkysoft ( 93727 ) <orkysoft.myrealbox@com> on Thursday February 24, 2005 @07:00PM (#11772240) Journal
        Marked as: WONTFIX
      • Comment removed (Score:5, Informative)

        by account_deleted ( 4530225 ) * on Thursday February 24, 2005 @07:02PM (#11772250)
        Comment removed based on user account deletion
        • That is really lame. They have actually set up a system where (in certain circumstances) you are bidding against yourself!

          I predict if nothing else ebay will agree to fix this problem. I realize some feel that anything is OK so long as it's buried in the fine print somewhere, but I predict ebay will not find the extra 2 cents of comission on fractions of a bid increment to be worth the bad will generated by this dumb policy.

          • Re:URL (Score:4, Insightful)

            by ameoba ( 173803 ) on Thursday February 24, 2005 @08:08PM (#11772765)
            If you're raising your bid after your initial bid, you deserve an idiot tax. Changing bids reflects a complete misunderstanding of the basic premise of the eBay auction.
            • Re:URL (Score:3, Insightful)

              Yeah, it's always been like this. Amazing sombody is suing 'cause they found a loophole to screw themselves!
            • Re:URL (Score:3, Insightful)

              by jasen666 ( 88727 )
              No shit. It's like people can't understand what "maximim bid" means. I mean, decide what the highest amount you're willing to pay for that item is, and set it. If you win you win, if not then you didn't overpay for that item. Obviously, if you need to go back in and raise it later, then you didn't actually put your maximum bid in to start with.
              Either that, or they caught the "auction bug" and can't help themselves from trying to outbid someone. It's as bad as gambling "sickness" sometimes.
            • Re:URL (Score:5, Interesting)

              by mrdaveb ( 239909 ) on Thursday February 24, 2005 @08:50PM (#11773035) Homepage
              I think that's going a bit far. Have you never tried to buy an item where lots of people are selling the same thing? Sure, I might be prepared to pay up to £100 for one, but if someone lists an identical one the next day, I'd rather have the option of trying a £50 bid on the first, and then bidding on the cheaper one if I get outbid. There's nothing worse than having your bid automatically incrementing whilst you are watching someone else get the same thing much cheaper.

              Of course, auction sniping is the real way to go. Prevents all those fickle people upping their bids maximums.
              • Of course, auction sniping is the real way to go.

                Is that where you shoot everyone else who might bid, and then just bid the reserve yourself? Worked for me...

            • Re:URL (Score:3, Insightful)

              by aussie_a ( 778472 )
              The premise being Ebay has bad code. The code should NOT allow you to bid against yourself. They can justify it with "that's how the code works, we like it like that" but it's bad code. It's a bad design to allow you to bid against yourself. People shouldn't have to guard against bad code when making bids. They should put a check, where if you up your maximum it checks to see if your the highest bidder.

              Not doing this at best is bad code, at worst it's deliberately ripping people off.

              Who here, expects t
          • Re:URL (Score:5, Insightful)

            by bwt ( 68845 ) on Thursday February 24, 2005 @10:07PM (#11773463)
            What nobody is talking about is that there are two aspects to the proxy bidding system: the maximum bid and the timestamp associated with that bid. Each named bidder is only allowed one such pair to control their bidding.

            The plaintiff here wants to get out of this one "max/timestamp pair" situation with the best of both worlds -- they want to use the later and larger max, but they also want to keep their earlier timestamp, which allows them a non full increment bid.

            Think of it this way: you told it to max you out at 100.09. Somebody else bid it up to 100.00. What makes you think you have the right to increase that by .09 cents, less than the next increment? It is the timestamp of your proxy bid. But when you change the value of your proxy, you changed the timestamp.

            The kicker here is that the priviledge of winning by less than the bid increment comes with a definite disadvantage -- your auction opponent looks out and sees his bid of 100.00 beat by your bid of 100.09. He should fairly be able to ask "why is that jerk not required to bid up to the increment". The only fair answer is if he can rely on the fact that your 100.09 top bid reveals that you are maxed out and that he surpass your proxy max by bidding 101.09. If you are allowed to raise your proxy max without raising your current bid, he should be able to bid 101.09 and force you to bid 102.09. Instead, your new proxy max and timestamp puts you with the high current bid of 101.00 and forces your opponent to bid 102.00, which gives you an advantage towards winning the item since this is higher than the alternative where they could bid 101.09. This may be enough of an advantage to cause you to win. In short -- there was NO GUARANTEE you would have won with your original 100.09, since you are not able to decide for your opponent what his course of action would have been.

            The reason the plaintiff will lose this case is that
            1) the rules were clear ahead of time
            2) raising your proxy max invalidates your old proxy timestamp which is what permitted the non-increment raise
            3) there is no guarantee your original high bid would have won (and thus no proof of harm)
            4) You cannot prove that you didn't actually pay LESS because of this system.
            A) you were less vulnerable to sniping because your opponents could no longer infer that your current bid was your proxy max, and
            B) your opponents would have had to raise two full increments above their previous bid to test you.
        • Re:URL (Score:3, Insightful)

          by Ryan C. ( 159039 )
          Thanks for the relevant info. That helps show where the problem lies, but it really helps support the suit, not defend it.

          One problem here is that the bids in question were not tied, unless you accept Ebays twisted definition of tied as "closer than the bidding increment".

          Two, defining the raising your maximum proxy bid as a new bid is contrary to any other proxy auction ever held. Even if you accept that it is a new bid of the same amount, isn't your previous bid still the oldest at that price?

          IANAL,
          • Re:URL (Score:3, Insightful)

            by jasen666 ( 88727 )
            How does it support the suit? It's documented procedure. When you sign up with ebay, you're expected to read and understand how the process works. Just because you're too lazy too, doesn't make you eligible to sue them for something you should have known before you started bidding.
            Ebay tells you it works this way. If you use the system you agree to those terms. The suit is frivilous.
          • Re:URL (Score:3, Insightful)

            by mcc ( 14761 )
            One problem here is that the bids in question were not tied, unless you accept Ebays twisted definition of tied as "closer than the bidding increment".

            This is probably ebay's definition of tied because this is probably what the internal definition of "tied" is according to the computer program that runs the site.

            From the perspective of a programmer the definition they're using makes perfect and immediate sense, they're just using an internal representation based on the bid increment rather than dollars a
          • Re:URL (Score:5, Informative)

            by daVinci1980 ( 73174 ) on Thursday February 24, 2005 @11:04PM (#11773779) Homepage
            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 [sothebys.com] and very reputable [christies.com] auction houses [sloansandkenyon.com].

            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?
    • by michael path ( 94586 ) * on Thursday February 24, 2005 @07:06PM (#11772290) Homepage Journal
      This is a repeatable behavior. Feel free to test it on my auctions :)

      More seriously, I didn't understand why this would automatically increase my bid when I was the highest bidder. I assumed it was buried in some terms and conditions, but I didn't think it was fair - because yes, you're actually registering a new bid against yourself.

      If this is indeed in their terms somewhere, then I have no issue writing it off as an annoyance.
    • If you enter a proxy bid of $125, then you are entering into a contract with eBay and the seller to pay up to $125 if yours is the winning bid. If you end up winning at $102.50, then you should be happy for getting the item for $22.50 cheaper than you were willing to spend. It doesn't matter if you were initially willing to spend $100.01 before, your new bid of $125 supercedes this, and by your own free will. If you weren't willing to pay $102.50, then why did you place a bid of $125?
      • by that logic it would be fine and dandy if ebay raised all the bids always to the maximum, since that's what you're willing to pay and be happy, right? but the whole point of the autobidding is to reduce that out.

        the point is that it's not expected behauvior - and in the end costs the customers as a hidden cost(that they didn't think of).
      • by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Thursday February 24, 2005 @08:44PM (#11773003) Journal
        I'm sorry, you're oversimplifying. When you specify a new maximum bid of $125, you are agreeing to pay that much if that's what's required to win the auction. In this case, it's not. $100.01 is what's required to win the auction, and that's what you've already bid.

        The reason that this is a dubious lawsuit is that the behavior is already described by eBay's documentation. That doesn't mean it's the right way to do things.

        Why shouldn't eBay force people to bid when they raise their maximum? For the same reason that they shouldn't force people to always pay their "maximum bid" amount. There may be reasons why this lawsuit is BS, but yours isn't one of them.
  • zerg (Score:2, Insightful)

    The seller has to pay a fee to get an item listed, the seller has to pay another fee when money is sent via PayPal. That is the real price gouging.
    • Re:zerg (Score:2, Insightful)

      by ackthpt ( 218170 ) *
      The seller has to pay a fee to get an item listed, the seller has to pay another fee when money is sent via PayPal. That is the real price gouging.

      You forgot that the seller also has to cough up a % of the final sale price.

      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

      • Re:zerg (Score:3, Insightful)

        One thing I can say is good, though, is that eBay doesn't nail bidders for a fee as well.
        You're absolutely right, thank God for small favors.

        The only thing I can think of is that buyers outnumber sellers, and they need to maintain those high # of bidders in order to stay attractive to sellers... So they try their damndest not to scare them away.

        Or something. I've never tried other auction places. ^^;;
        • Re:zerg (Score:4, Interesting)

          by rs79 ( 71822 ) <hostmaster@open-rsc.org> on Thursday February 24, 2005 @07:10PM (#11772324) Homepage
          "Or something. I've never tried other auction places"

          Don't bother. I collect old watches and one day I saw a watch I wanted. At $50, no reserve. I emailed the guy to see if he'd take $250 (about a quarter of what it's worth, hey, it's worked in the past) and he said he'd just sold it for $200 and can't understand why it didn't sell in a month on Yahoo auctions with a buy it now price of $100.

          ebay has no competition. That's bad in a way, but it's also good in that you only have to look in one place.

          I don't sell on ebay, only buy and its saved me tons of money. Actually it's cost me tons of money, but I got way more for the money than I'd get paying retail.

          In fact, I just noticed I don't really buy much on stores at all any more.
      • by Dogtanian ( 588974 ) on Thursday February 24, 2005 @07:29PM (#11772448) Homepage
        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 [ebay.com] and also at Ebay.co.uk [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.
    • Re:zerg (Score:4, Insightful)

      by Sycraft-fu ( 314770 ) on Thursday February 24, 2005 @06:59PM (#11772227)
      No, that's a legit charge for services. You pay a fee to use their service to list your item. They have to make money at it somehow. PayPal is then an optional service, again that you can pay for. You don't have to use PayPal to take money, you could get yourself an account wiht someone like Verifone and take credit cards yourself, but that also costs money.

      They provide a service that is valuable to you, I see no problem with them wanting to make money on it.
    • Re:zerg (Score:2, Insightful)

      by Anonymous Coward
      It's not gouging when you voluntarily participate in the system knowing the fees.
      • Re:zerg (Score:3, Insightful)

        by penguinoid ( 724646 )
        Not in one sense, but if they are a monopoly they could be thought of as gouging even if you voluntarily agreed to their terms. This applies only to a small extent to eBay, since their product/service is not necessary and they are not a total monopoly, but I think it could be justified.
    • Re:zerg (Score:2, Interesting)

      by LuSiDe ( 755770 )
      Yep. Not only to get it listed which arguably is not that much and stops certain mechanisms (e.g. spammers, last minute pull-outs). You also have to pay a % of the price for which you are selling the article. IIRC this was recently raised.

      My major problem with eBay is that there is no major competitor to eBay. Especially no international one. Let alone competitor to Paypal. No major competitor means they have all the freedom to raise prices, with no decline of customers (aka monopoly). Because, a website w
    • The seller has to pay a fee to get an item listed, the seller has to pay another fee when money is sent via PayPal. That is the real price gouging.

      The fee is about what merchants would pay if they had a merchant account. I kid you not. The fee for most small items is smaller than the cost of a stamp and postal money order anyway, and it is pretty convenient.
    • The seller has to pay a fee to get an item listed, the seller has to pay another fee when money is sent via PayPal. That is the real price gouging.

      They are two seperate services. This isn't price gouging any more than a service station charging you seperately for a filling up your gas tank, and then getting oil change.

      Price gouging would be if they charged you for posting your auction on their servers, and then again for displaying the data to people surfing ebay.
  • by Shnizzzle ( 652228 ) on Thursday February 24, 2005 @06:54PM (#11772170)
    From the article: "EBay automatically increases bids only when the maximum has been hit and when the prior top bid was between bidding increments. For example, bidding increments on items priced between $100 and $249.99 is $2.50. Block, however, raised his bid increment by $1.50." therefore his bid increment would not be enough to secure the item.
    • by confused philosopher ( 666299 ) on Thursday February 24, 2005 @07:30PM (#11772452) Homepage Journal
      "therefore his bid increment would not be enough to secure the item"

      That is not correct if I understand you right, so your comment should not be moderated Insightful.

      The proxy bidding system is what eBay is using to manipulate some buyers, and thus milk higher FVFees from eBay sellers.

      A person CAN win an auction if their high bid is not a full official increment above the lower bidder. This happens in the following situation:
      I bid $5.02 on an auction first. Then you bid $5 in the final seconds, in an attempt to snipe my bid which is showing as the starting price of $0.99. I win the auction with a winning bid of $5.02, even though the next increment should be $5.25.

      My appology if you meant this and I wasn't understanding what you were saying in your post.
      • A person CAN win an auction if their high bid is not a full official increment above the lower bidder. This happens in the following situation:
        I bid $5.02 on an auction first. Then you bid $5 in the final seconds, in an attempt to snipe my bid which is showing as the starting price of $0.99. I win the auction with a winning bid of $5.02, even though the next increment should be $5.25.


        What eBay says is basically that you are invalidating your original proxy bid if you place a new maximum bid, so it (the pr
  • It's true. (Score:2, Interesting)

    by Cap'n Steve ( 771146 )
    I've actually managed to outbid myself several times. It's very annoying.
  • by 3nuff ( 824173 ) <erecshion@gmail.com> on Thursday February 24, 2005 @06:55PM (#11772181) Homepage Journal

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

  • Whoopty fucking doo.
    We're talking about maybe a dollar more here?
    And that amount is still below what you set you were willing to pay.
    This seems more like a bug then some sort of evil scam.
    • Paycheck Shavings (Score:3, Insightful)

      by mixtape5 ( 762922 )
      Ahh it is whoopty fucking doo though.

      And a dollar is actually a lot for such schemes. For example it is illegal for a boss to shave a minute off of your clock time even though it may only be worth a few cents extra. Doing that could save a large company hundreds if not thousands of dollars per pay period. The people recieving the checks probably wouldnt notice either, but it is still cheating people of money and illegal.

      The same reason the "money shaving" scheme in office space was wrong comes to
      • The same reason the "money shaving" scheme in office space was wrong comes to mind.

        But it wasn't wrong. Initech was wrong!
        • So was that fax machine!

          PC Load Letter my ass!

          On an aside, we used to print specially formatted files that only update the LCD text on our campus' lab printers (rather than print a page).. So we're write things like 'Look Behind You', 'PC Load Water', 'Hydrolic Fluid Low', 'Engine Fire', ' Meltdown Imininent', etc etc. It was rather fun to watch on the lab's net camera and see the looks on peoples faces.
    • Well... (Score:2, Insightful)

      Actually once you get above $1k, the bid increments are much higher, so it could be $25-$50 difference. Multiply that enough times, and it is a big number. But ebay is not the beneficiary, the seller is, so...
      • Re:Well... (Score:3, Informative)

        But ebay is not the beneficiary, the seller is, so...

        Ebay is a beneficiary.

        Ebay takes a percentage of the earnings. If the final bid is inflated, then Ebay makes more money.
    • eBay is KING of evil, cent shaving scams.

      PayPal lost a class action suit [the settled] last year for not returning money when an auction was a scam.

      eBay SHOULD lose this, and a future lawsuit regarding their "faulty" billing system, which randomly double charges, and double bills users [after they've paid by PayPal they will charge your credit card on file, and if you ask for a refund they put the money in your eBay account, not back into PayPal or onto your Credit Card].

      $0.02 X 10,000,000 transactions =
    • "a dollar more here" * all the maximum bid increases conducted on eBay prior to the end of any auction, thereby automatically increasing your bid incrementally even if you're already the high bidder.

      So if you're winning by 5 bucks, but wanna boost your max, which for simplicity we'll say is only another 5 bucks from current bid, it'll increase that limit but also increase your current bid by the auctions increment pricing. if we use the "a dollar more here" example, now you're winning by 6 dollars. if the

  • ... that makes me wonder if Dubya's plan to take class-action suits out of the state courts is actually a good one.

    Anything that makes the legal system look less like a lottery is sounding pretty good right now.
    • No but this is the sort thing junior will focus on instead of the simple fact that he does not you to have your day in court if your mom's doctor makes a flagrant and preventable mistake resulting in death or injury...

      yes. let's take away recourse for consumers because some nimrod of an ebay user gets a buck scammed from her...
  • rather than a feature...
  • by miskatonic alumnus ( 668722 ) on Thursday February 24, 2005 @06:59PM (#11772220)
    In the first place, no one held a gun to his head to make him increase his maximum. In the second place, if he originally thought the item was worth x$, why increase it?

    Learn to snipe, cherry boy.

    • In the second place, if he originally thought the item was worth x$, why increase it?

      Because most of the time when you're bidding on an item there's another almost identical item up for sale at the same time. Not setting as high a max price as you think its worth gives you the flexibility to choose another item that's just as good, but that might be cheaper.
  • whats a settnig? is it a type of fig or nut?
  • by lakeland ( 218447 ) <lakeland@acm.org> on Thursday February 24, 2005 @07:00PM (#11772236) Homepage
    Just read the article, the last line of it summarises the entire lawsuit:

    EBay had net revenue of $3.27 billion in 2004.
  • Riiight... (Score:5, Insightful)

    by Telastyn ( 206146 ) on Thursday February 24, 2005 @07:02PM (#11772251)
    So, eBay is price gouging an -auction- whose parameters [set increments] are defined well before the customer participates?

    Perhaps I'm missing some nuance of law, but this seems like something that eBay's lawyers [and the judge] will toss into the street with a nice lengthy brief which summarizes to "RTFM!".
  • by ParadoxicalPostulate ( 729766 ) <saapadNO@SPAMgmail.com> on Thursday February 24, 2005 @07:02PM (#11772257) Journal

    Something bothers me about the nature of civil suits and monetary awards in this country.

    Why is it that we make it a habit of running off with as much money as we possibly can from a lawsuit?

    The purpose of suing for this sort of stuff should be twofold: 1) to regulate company action by means of threat and penalty AND 2) reparations. Nowhere in those two clauses do I find any justification for "screwing the other guy over because he did it to me first."

    It seems to me that few suits are about that anymore. While its true that you are entitled to sue if a company takes advantage of you, often times the rabidity with which "wronged" plaintiffs style their demands leads me to wonder if they are simply taking advantage of the momentary shift in power.

    In that scenario, it's no longer about punishing the one who took advantage of you because he could. It's about turning around and taking full advantage of him, because now you can.
    • by rjstanford ( 69735 ) on Thursday February 24, 2005 @07:11PM (#11772337) Homepage Journal
      There's one easy fix to that. Keep actual damages the same that they are now, awarded to the plantiff (or "damaged party"). Allow punative damages? Sure, but they go straight to pay of the national debt (or whatever).

      Weird? Well, the purpose of punative damages is for the "system" to punish the defendant, so having the system (ie: government) benefit seems reasonable at first glance. Much more reasonable than benefitting the plaintiff, who has already received their damage claim. And it would cut down an awful lot on frivolous lawsuits if people knew that they wouldn't be getting a windfall, just what they (rightly) deserved.

      Lawyers might be a little less likely to push some of the more questionable cases also, if they knew that their fees wouldn't include a percentage of the punative amount (usually vastly greater than any actual damages). You could still sue for actual + punative + legal fees, of course.
      • Some states have this system, sort of, where the plaintiff gets a portion of the punitive award and the state gets the rest -- laws implementing this are called "split award" statutes.

        There has been some interesting work done on whether this system is, overall, welfare-improving. It may be intuitive that such a system cuts down on frivolous lawsuits, but it wouldn't be good if it cut down on justifiable lawsuits, too. Not only would potential plaintiffs not be compensated for wrongs, it could lessen the
  • by winkydink ( 650484 ) * <sv.dude@gmail.com> on Thursday February 24, 2005 @07:04PM (#11772269) Homepage Journal
    How the bidding increments work and all that. It has been there since 1997 when I joined.

    I liken this to a physical auction where the auctioneer is saying, "I have $100, do I hear $150, $150?" He's looking for $150, not for some dimwit to yell $110. If he gets no bites at $100, he may sell at $100 or ask for $125. What he doesn't do is throw it open for said dimewit to say, "I'll give you $100.01."

    • > for said dimewit to say, "I'll give you $100.01."

      Nah, that would be a "pennywit"

      :)
      hawk

  • that they allowed you to lower the MAXIMUM bid you put on an item, so long as you kept the maximum bid amount above your current bid. I dont really see what effect this would have on the auction.
  • by syukton ( 256348 ) * on Thursday February 24, 2005 @07:14PM (#11772355)
    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.
    • The "bidding against yourself" scenario only applies if your previous high-bid was between bid increments (per a previous poster's description of E-bay's policy).

      That doesn't mean it makes sense, but it means that you can't keep bidding yourself up just by raising your bid. It only works once, and only if your previous bid wasn't an even increment. I'm sure they can make it work another way, but my guess is that other methods introduce other oddities, and they decided this was the best way to go.
    • by Anonymous Coward

      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.

      Your bid would NEVER be auto-incremented to $76. It would be auto-incremented to the next standard level. The "problem" only comes up if you set your max bid to some off-bid number like your hypothetical $76 (assuming the increments for your auction are $5). While eBay's policy will allow you to win the auction at $76 if you maximum bid is $76, if you bid over the next standar

    • by allanc ( 25681 ) on Thursday February 24, 2005 @07:33PM (#11772473) Homepage
      Except that that's not what happens. This issue only happens when someone else bids $80.

      Your bid is now $80, but you still win because you were there first.

      However, if you *then* bump your max bid higher, it'll bump your current bid up an increment.

      Know how you solve this problem? Actually make your max bid the maximum amount you're willing to pay for the item to start with, like you're supposed to.
      • by Kris_J ( 10111 ) * on Thursday February 24, 2005 @07:51PM (#11772641) Homepage Journal
        We have a winner. This happened to me one time, years back. I worked it all out then and your description matches my memory.

        However, your solution misses the same scenario that eBay's cut 'n paste response does: What if I'm bidding on multiple items within a single budget. In those cases, I bid less that I'm willing to pay for each individual item to keep my commitment below a certain level. Each time I'm outbid on something, my total commitment goes down, then I can increase my bids on one or more remaining items.

  • That ain't all (Score:5, Interesting)

    by Stumbles ( 602007 ) on Thursday February 24, 2005 @07:15PM (#11772368)
    Yeah I've noticed that. Another thing I have noticed when "shopping" around there. There will be an item with say a 7 day auction and it's on day 4 and there were 6 bidders. I see a number of instances where some are all of them bidders have been signed up as a buyer for 2+ years and bought nothing in all that time. But all of a sudden they decide they want the item I want. Hmmmmm.
  • by meanfriend ( 704312 ) on Thursday February 24, 2005 @07:36PM (#11772495)
    I dunno, this sounds much ado about nothing to me. I havent bought anything of ebay in a while, but my rule of thumb was to make one bid; whatever the maximum I was willing to spend and *leave it the hell alone* until the auction was over. If you always bid your max and let ebay's proxy system work the way it's supposed to then you 1) never pay any more that what it takes to outbid the second highest bidder and 2) never get caught up in ridiculous bidding wars.

    Another option is to use a sniping site (I used to use esnipe, which worked great. Havent tried it in a while). It would automatically place your bid for you a few seconds before the end of the auction, so you have no chance to re-raise your bid should it fall short. It encourages you to determine how much that item is worth to you first and bid your max.

    Automatically increasing the leading bid to the next increment does sound shady, but by allowing himself to be influenced by ebay's "OMFG YOU MIGHT BE OUTBID!!!11" email, he's falling right in thier trap. Ebay takes a percentage of the final sale value, so anything they do to increase the sale price just puts more money in thier pocket.
  • by amembleton ( 411990 ) <aembletonNO@SPAMbigfoot.com> on Thursday February 24, 2005 @07:56PM (#11772682) Homepage
    OK, everyone is complaining that this system doesn't make sense but lets break down what is going on.

    Say I am bidding on an item and my maximum bid is £101.
    The auction is currently at $90.
    The auction has increments of £5.

    Someone makes a bid of £100, my maximum bid is greater, but less than the increment so it is used.
    The auction now stands at £101.

    I'm getting worried that I might loose the auction as its right on the max, so I increase my bid to £120.

    Ebay then increases the current bidding to £105.

    This seems to be what the lawsuit is about, ebay raising the current bidding, when you increase your maximum bid just because your original maximum bid fell between increment levels. In this case it fell between £100 and £105.

    If I originally had bid £120, instead of £101 then when the other bidder placed a bid of £100, my bid would not have incremented to £101, but instead to £105 as that is the next incremental level.

    If ebay is found to be at fault then they may have to set it so that you can only bid on the increment levels.

    If ebay just change the system so that the current bidding price increases when you increase your bid then bots will probably be written to take advantage. They will just place a bid 1p above the next incremental level, if it fails then 1p above the next level. Keep going until you reach your maximum bid. In the case of the example auction that I highlited above the bid could save £4.99, so it would seem like a way of saving money.
  • by Dogtanian ( 588974 ) on Thursday February 24, 2005 @07:58PM (#11772695) Homepage
    At the risk of repeating stuff I posted elsewhere in more depth, it's probably worth pointing out one thing:-

    Conflict of interest.

    EBay are acting both as an auctioneer and as a proxy bidder on your behalf. The line between the two roles gets blurred in practice by the EBay system, but their purpose is clearly different; one is working for you, one is out to get your money.

    Increasing your maximum bid should be akin to phoning up the proxy (automatic) bidder during the auction and informing him that *if* you are outbid, he should counter up to your new maximum bid.
  • Basic Economics (Score:3, Interesting)

    by RexRhino ( 769423 ) on Thursday February 24, 2005 @09:34PM (#11773301)
    People think that they are "sticking it to the evil corporations" with all their frivolous lawsuits.

    They sue big "evil" company for millions of dollars.

    Big "evil" company considers this a cost of doing buisness, and passes the cost down in the price of the goods they sell.

    We, the people, then pay for it in higher cost of goods and services.

    Perhaps you don't buy from Ebay, but no part of the economy is exempt from the lawyer tax.
  • by tuxedobob ( 582913 ) * <tuxedobob.mac@com> on Thursday February 24, 2005 @09:46PM (#11773367)
    Or it least, it was, the last time I used it years ago. The trouble is it's so easy to abuse.

    You know the exact time the auction will end. You can price snipe at the last minute.

    You can determine the high bidders maximum bid. Most people will bid an even amount, say, $100. Bid $96, see the current at $100, and you know you can bid $105 at the last moment. See above.

    Surprised as I am to find myself saying this, the largest auction house on the internet could stand to learn a thing or two from a game feature. WoW's auction house avoids both these issues. You don't know when an auction will end, only a range, and bids delay the end of the auction by a small amount. And there is no proxy bidding, so you don't know how high someone might be willing to go.
  • by Slashdot is dead ( 860120 ) on Thursday February 24, 2005 @09:49PM (#11773379)
    The following was written by a real journalist who is paid to write and report about current events for a living. They are in no way affiliated with Slashdot. (Slashdot is a joint venture between computer programmers and morons.)

    SAN FRANCISCO (Reuters) - EBay Inc. is being sued by a Pennsylvania man who charges that it illegally forces up prices when certain high bidders raise their maximum bid to guard against last-minute offers, an attorney for the plaintiffs said on Wednesday.


    Not only is this summary 1/4 as long as the article summary published by Slashdot, it displays a superior level of understanding by its author. More importantly, it encourages readers to read the entire article, rather than pissing them off with typos or stupid statements like this

    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.

    and this
    If the plaintiff wins this class action suit could cost eBay tens or hundreds of millions of dollars.


    This is a case where, if I were a schoolteacher and "symbiot" was my student, I would encourage plagiarism.
  • by daVinci1980 ( 73174 ) on Thursday February 24, 2005 @11:19PM (#11773880) Homepage
    I mentioned this in another post [slashdot.org], but it bears repeating. eBay is--first and foremost--an auction house.

    They behave like other auction houses do, and increase bids in an incremental fashion. This prevents ninja-bidders at the last second from bidding pennies more then someone else and winning the auction. (Imagine that you're bidding on a 4.1M dollar house, and someone comes in with 0.01 seconds to go and bids $4,100,000.01).

    This practice is NOTHING NEW. Where eBay had to modernize the concept was the fact that everyone is a proxy bidder on their site, no one is bidding in person. This means that they follow the other rules that auction houses follow, which is that when two proxy bids are registered for the same amount, the first person whose proxy bid arrives gets the bid, and the other person has already been outbid.

    This is effectively the same thing that would happen were one to visit an actual, honest-to-God auction house. Two people would raise their paddles at the same time. The auctioneer would pick one of them (probably the one whom he sees first), and would accept a bid from them. The other person would either then keep their paddle up for the next bid increment, or they would put it down because that really was the highest dollar amount they were willing to pay.

    Ignorance of how auctions work [howstuffworks.com] shouldn't entitle one to any amount of payout in a lawsuit. It should entitle one to a swift "ha ha" and a kick in the pants for wasting the rest of our time.

  • by humankind ( 704050 ) on Thursday February 24, 2005 @11:50PM (#11774039) Journal
    Before eBay, there was a contingent of lonely, fat housewives and weirdos that collected tons of goofy, worthless crap that nobody cared or knew about. After eBay, this contingent of social malcontents has found a place on the net where they can let their obsessive pathology run wild. If you don't believe me, look at eBay's forums and see all the ADD/bipolar people complaining their their treasure hunt game is rigged. If you think Slashdotters are antisocial nerds, you have no idea... eBay locals make AOL people look like the M.I.T. graduation class.

    Remember folks, this is the site that gave us the virgin mary grilled cheese sandwich. Of course it's populated by a bunch of loonies who are desperately looking to get their 15 minutes of fame and move out of their trailers. Why is Slashdot giving these people any publicity? Every other day someone is threatening a class action against eBay because they got negative feedback over the 18-century electric can opener they sold being claimed as bogus.

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