A big chunk of an eBay class action suit was dismissed by a federal judge this week, but some claims remain.
The September 2011 lawsuit, filed by Richard Noll, claims breach of contract, fraud, unjust enrichment, unfair competition and violation of California’s consumer protection and false-advertising statutes. Noll filed the suit after eBay charged recurring fees for an item he had listed as “Good ‘Til Canceled.”
Noll claims eBay did not make it known to sellers that recurring monthly fees would be charged for this particular listing. Furthermore, Noll alleges that when eBay began 30-day auctions and the Good ‘Til Canceled listing format in September 2008, the company said the option was available “at no extra cost.”
U.S. District Judge Edward Davila tossed out Noll’s claims of fraud, unfair competition and false advertising. However, Davila did grant claims for breach of contract, unjust enrichment and declaratory judgment.
Read the text of the eBay class action here.
