Hi everyone,
I got a reply from eBay to my Fraud Alert complaint. It is a standard boiler-plate reply that absolves eBay of responsibility to initiate action. Not just law enforcement, which I wasn't expecting eBay to do anyway, but it also implies they will not take any extra precautions, such as checking Hossain's bank account details on record, to ensure that Hossain does not operate on eBay.
Here is eBay's response:
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Hello Sanjeev,
Thank you for writing to eBay. My name is Rahul and today I will be
helping you with your concern regarding your item # 7591015784 (Canon
digital Camcorder Mv700I).
Sanjeev, please understand that, as a venue for buyers and sellers to
trade, eBay has limited legal powers to become involved in a buyer and
seller dispute. eBay will only take action on our site as described in
our User Agreement. You can view this page by using the link I have
provided below:
http://pages.ebay.in/help/community/png-user.html
This means that we cannot mediate, make decisions for a member, take
sides, reimburse a member, force a member to live up to their obligation
after the end of the listing or initiate a criminal investigation
against a member. Please be assured that we will be happy to respond to
any questionable activity that occurs on the eBay site such as
registering, buying, listing, and board postings.
Although we sympathise with your situation and certainly understand your
frustration, Sanjeev, we are unable to act as an intermediary or
mediator in these situations. Please understand that legally eBay must
remain neutral.
Apart from taking possible disciplinary action against a member's
account, which we do according to established protocol, eBay cannot
initiate contact for a member or initiate formal proceedings against a
member. From a legal standpoint, we can only suggest options for members
to consider.
Therefore, Sanjeev, if you wish to contact law enforcement, please know
that we will be happy to assist any legally recognised association that
our members involve in these issues with their investigation.
If you choose this option, we will gladly help the Police with any
inquiries they may have. Please contact us providing the following
information:
1. The officer's name
2. The officer's telephone number
My goal, Sanjeev, as always, is to help you with your questions as
quickly and accurately as possible. If you ever have any problems,
questions, or concerns in the future please do not hesitate to contact
us again, remember the sooner you contact us the sooner we can help you
solve your problem. I appreciate your patience and understanding
regarding this matter.
Kind Regards,
Rahul
eBay Customer Support
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These are a few observations that I have:
1. It seems Rahul has not understood that I did not even get defrauded - I was going to be. It looks like he may not have read the full details of my case. I am not the aggrieved party, since I did not lose money, I was requesting eBay to take preemptive action to stop Hossain from operating and duping more buyers.
2. For all of us here who believe that eBay may take legal action against errant members, here is proof that they have a policy of doing no such thing. This is encouraging :), especially if you're one of those whose intentions are not honest!
3. Rahul has told politely told me what eBay cannot do. What I am interested in knowing is what eBay plans to do. By their words "....possible disciplinary action against a member's account, which we do according to established protocol, ...." it does seem they are a trifle reluctant to do anything. Of course, I may be wrong.
4. May we have the option of knowing what eBay plans to do to stop Hossain from operating, by when they plan to do that, and what is the action taken till now?
Meg Whitman (CEO of eBay) was in India this week, and mentioned India is one of the fastest growing markets for them. There was also special mention of protecting against fake branded products, but no mention of how they are going to minimize fraud, given our less than ideal legal system. Perhaps eBay is prudent not to get involved in Indian court cases (who would want to), but that my friends is the very reason that eBay should have more stringent policies for use in the first place.
But more than anything else, the moot point I see here is not the legal standpoint of eBay and its Terms of Use, but a distinct apathetic attitude.
eBay India, as a long-standing member of your wonderful community, I sincerely hope you can prove me wrong.