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Fraud Claim Dismissed in eBay Class Action

Suit over 'Good 'Til Canceled' fees not ended yet.

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.

About the author

Sarah Brown
Sarah Brown is a freelance writer who writes about e-commerce and small businesses. She recently graduated from Chico State with a journalism degree and is also a budding online entrepreneur, having launched two Web businesses and her own line of handmade products. Opinions expressed here may not be shared by The Online Seller and/or its principals.

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