Court: Consumer protection laws don’t always count on EBay
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The case of the rusty, broken-down Porsche has led to a big court ruling. The 9th Circuit Court of Appeals ruled today that EBay sellers in other states aren’t bound by California’s consumer protection laws when they sell to customers here.
Carol J. Williams writes that it’s the latest ‘buyer beware’ message sent by courts regarding online shopping.
The dispute began three years ago when Paul Boschetto of San Francisco offered the winning $34,106 bid for a 1964 Ford Galaxie 500 XL auctioned by Wisconsin sellers who described the vehicle in their EBay ad as ‘in awesome condition, not restored, rust free chrome in excellent condition, recently rebuilt and ready to be driven.’
When the car arrived, according to Boschetto’s testimony to the federal district court, the engine wouldn’t start and the car was rusty and dented.
Boschetto contacted EBay and Hansing in a fruitless effort to rescind the purchase, then filed suit in federal district court alleging violation of the California Consumer Protection Act, breach of contract, misrepresentation and fraud.
Read the full story for more details on the court’s rationale in the case of the frustrated EBay buyer.
-- Chris Gaither