So unlike when Amazon got smacked for this:
eBay doesn’t actually touch the items and it isn’t a common catalog. Amazon with the common catalog and FBA is a different story. I think the courts got this one right.
I agree with the courts on this one. The only thing Ebay sells is a platform.
Amazon in some cases sells the items but with FBA they have possession which makes Amazon liable. Amazon is all about control so when it bites them in the buttox it is usually well earned.
Ultimately, Merchant ruled that whether the products violated environmental laws or not, Section 230 barred all of the DOJ’s claims, as eBay is shielded from liability for third-party postings (in this case, listings) on its platform.
I agree that eBay isn’t Amazon here and is just a platform, and that this was the right call–but I do also wonder how to hold eBay accountable for not doing more to prevent Sellers listing prohibited items in the first place.
Of course, eBay says:
“As we have throughout our history, eBay will continue to invest significant resources to support its well-recognized and proactive efforts to help prevent prohibited items from being listed on our marketplace.”
…though to be fair, eBay is actually much better at this than Facebook Marketplace and craigslist. Probably better than Amazon.
Anyone is better then FB marketplace. Car detailing, Duct Cleaning, Garage doors (brand new scam), GE Ice makers and lets not forget the rolls of 100 forever stamps for $10