Is an eBay auction style listing an auction?

by Chris Dawson

This post was written in February 2008; specific information contained within it may be out of date.

A Pennsylvanian woman is facing a fine of up to ten million dollars for selling on eBay. The State of Pennsylvania is prosecuting Mary Jo Pletz for “auctioning” goods on eBay without an auctioneers license. There is a possible $1000 fine for each infringement and Pletz has sold 10,000 items on eBay.

The only good news appears to be that the latest court papers only cite two counts so the fine could be as little as $2000. Also state officials acknowledge that a stay at home mum working to care for her children “was not the best person with whom to make a legal point”.

eBay are of course opposing legislation that would require sellers on the site to apply for a license, although a fair solution could be an “electronic auctioneer’s license” costing about $40 per year. The issue is of course the unanswered question are eBay “auction style listings” auctions?

In the UK it would appear that they are considered auctions, eBay themselves state on the site that “the UK Distance Selling Regulations do not apply to eBay auction format listings. This would imply that auction style listings are indeed considered auctions to qualify for exemption from the Distance Selling Regulations.

There may be a difference between “auctions” and “internet auctions” which would simplify the discussion, but until that is settled different countries (and even different states within a country) all have their own interpretation of exactly what they are.

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Author: Chris Dawson
Posted at: Monday, February 11th, 2008 at 11:43 am
Filed Under Featured
 

Comments

9 Responses to “Is an eBay auction style listing an auction?”

  1. Dave White on February 11th, 2008 12:40 pm

    Just a quick note. Mary Jo Pletz has received notice from the Pennsylvania authorities that charges have been dropped.Check the link on our website at http://www.basicstobusiness.com

  2. Chris Dawson on February 11th, 2008 12:57 pm

    Hi Dave, and thanks for the update. I’m guessing that they dropped the case due to the adverse publicity in prosecuting a woman trying to look after her family. No doubt they’ll be looking for less controvesial businesses to target for their test case.

    Regardless the poor woman has lost her business, and that’s not good for anyone. :-(

  3. Josordoni on February 11th, 2008 1:04 pm

    It is a total nonsense - if I place goods at auction, it is the auction house that is the auctioneer not me. eBay.com are the ones that need the license, not Ms Pletz.

  4. Josordoni on February 11th, 2008 1:09 pm

    I have just noticed that she was a Trading Assistant selling other people’s goods not her own, so this may be subject to different laws.

  5. northumbrian on February 11th, 2008 1:11 pm

    good grief have these people nothing better to do,

  6. northumbrian on February 11th, 2008 1:12 pm

    they could play a new game
    snipe the edit :razz:

  7. northumbrian on February 11th, 2008 1:13 pm

    or even post three times and try and edit all 3 at once :twisted:

  8. Josordoni on February 11th, 2008 1:37 pm

    did it work???

    I got too long winded trying to edit my first one, and ran out of time! :roll:

  9. northumbrian on February 11th, 2008 2:32 pm

    no idea I didnt try, though its a grand idea ,and no doubt will save a few blushes

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