Re: Avoid this guy on ebay - railroader

Technically, it is against laws (in most places) for any seller to
distribute someone's personal contact information without permission.

The buyer has a contract (user Terms of Agreements) allowing Ebay to
distribute the contact information to the seller. Ebay becomes the
authorized middle-man agent. The Seller has a terms of agreement (contract)
with Ebay to not release such information. That would be a breach of
contract and grounds for termination of service with Ebay. You could also be
in violation of solicitation and business laws by distributing such
information. Some, do provide rulings for internet based selling including
online auctions systems.

It is against the laws in just about every state that I now of in the United
States for a seller to post someone's personal contact information (eg.
postal address, phone numbers, ect.) without permission. All businesses are
required by laws to hold such information privately. It is all
interconnected with identity theft protection laws, solicitation laws and
business ethics laws and regulations.

So what yourselves, sellers. You would be treading on dangerous grounds. You
can be liable to all spam solicitation sent to his address because they got
it from here.


"Joel Koltner" <zapwireDASHgroups@xxxxxxxxx> wrote in message
news:fdV0k.118730$ea6.114659@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
"Payton Byrd" <plbyrd@xxxxxxxxx> wrote in message
news:48f96feb-c1f2-4860-a714-d1d2882b2fe9@xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
But we aren't talking about a patent, we are talking about a contract
that both buyer and sellr enter into with eBay.

Sure, that thought was just thread drift. :-)

Whether or not eBay's terms & conditions are all enforcable has yet to be
tested in court, as far as I'm aware -- a significant percentage of "click
through" and "shrink wrap" "contracts" you see today are found not to be
valid. eBay's claim that a buyer has no right to divulge the contact
information of a seller who very much would like their name divulged is
tenuous at best (they're essentially claiming that seller contact
information is their intelletual property, even though the actual sale is
between the buyer and seller and all eBay does is provide the "location"
for the exchange!) -- I'd be rather surprised if a court found such a
restriction to be valid, but hey, I've certainly been wrong before.

I also guarantee you that eBay isn't particularly interested in whether
the claim is enforcable or not -- their business practice is to try to
restrict the transaction as much as possible, figuring that, hey, if some
of your restirctions are later found to be invalid, you're no worse off
than if you'd never had them in the first place, right? As such from a
consumer perspective it's entirely defensible to go about your business
based on pro-consumer principles, and wait for the courts to settle the
matter if eBay wants to make an issue out of it.

---Joel




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