California consumer protection laws don't apply to EBay fraud

That supposedly "mint condition" Spider-Man comic book you got on EBay that had half a page torn out is a dispute between you and the seller. The California courts are staying out of it, no matter how many lawsuits you file. Consumer protection laws don't apply to sales not specifically targeting California customers, according to an L.A. Times article posted Wednesday.

In the latest judicial message of "buyer beware" in Internet shopping, the U.S. 9th Circuit Court of Appeals said a federal district court in Northern California properly decided it didn't have jurisdiction to require a Wisconsin classic car seller to abide by this state's consumer protection laws.

1964 Ford Galaxie 500. (Photo credit: dave_7 / Flickr user)

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.

The fact that neither the courts nor EBay are stepping in to settle the dispute is disconcerting. And without a working car, it's going to be a pretty long bus ride to Wisconsin to settle this face to face.

-- Mark Milian