Last week, we discussed three cases concerning class action litigation that will be going before the US Supreme Court during its fall term. We have also called attention to the impact that the high court’s 2011 decision in AT&T Mobility v. Concepcion had on class action lawsuits, as that case led to such companies as Microsoft updating their user agreements with clauses that force consumers to settle disputes through arbitration or small claims courts.
On October 2, 2012, Los Angeles Times consumer columnist David Lazarus wrote that internet auction and shopping website eBay is “the latest high-profile company to declare war on class action lawsuits.” However, unlike the way other companies present provisions, eBay is at least offering customers the chance to opt out of the arbitration clause.
While it is admirable that eBay is giving consumers a choice, Lazarus correctly noted that the process to opt out it “unnecessarily complicated.” If you are an eBay user, chances are good that you were notified about the changes to the agreement via email, like the video above explains. However, consumers cannot opt out of eBay’s arbitration clause online or by email. Instead, the only way you can retain your right to sue is by sending a signed “snail mail” letter to:
National Registered Agents
2778 W. Shady Bend Lane
Lehi, UT 84043
You need to send this letter in by November 9, 2012, and later this week we will discuss another company with a similar deadline to opt out of an arbitration clause. We have more information about consumer fraud in class action lawsuits available on our website, and you can use the form on this page or contact our firm at (800) 687-3333 if you think you might have a possible case for our class action attorneys.
Stanley Iola, LLP – Class action lawyers