USER BEWARE - EBAY believes they are above the LAW

[ocean_95]

Has any one else been subject to EBAYS ILLEGAL actions. Maybe you are aware what EBAY does.

On August 6, 2015 Team leader Angel made and illegal recording of a conversation with myself. I was never informed that the conersation was recorded and I had a witness as the phone was on speaker phone. This is a serious breach of the federal Telecommunications (Interception and Access) Act 1979 and State and Territory listening devices laws may both apply to this activity. The general rule is that the call may not be recorded. There are exceptions to these rules in very limited circumstances including where a warrant applies. If a call is to be recorded or monitored, an organisation must tell you at the beginning of the conversation so that you have the chance either to end the call, or to ask to be transferred to another line where monitoring or recording does not take place (if this is available).

Secondly ebay charged me a transaction fees for a canceled transaction and these funds were deducted from my account in November 2014. The actual transaction was never completed and after cancelling the transaction I called eBAY to have my funds returned. I was advised that the funds would be credited to my ebay account. Ebay advised me that the funds would be credited and this was never done.  DO NOT LINK your CREDIT CARD DETAILS TO YOUR EBAY ACCOUNT. There are multiple reports of  EBAY illegally deducting funds and not returning funds that are required.

EBAY declined to provide their ABN or ACN  and business operating address for me to comence legal procceeding to recover my money and follow up on my legal rights.

I am now seeking to gain access to the ABN ACN and registered business address so they can be held accountable for their action. Surprize they will not provide the information they are legally compelled to provide but are happy to take and misuse your details.

USERS BEWARE

[lyndal1838]

Ebay is a US registered company.

If you were talking to a representative in the USA then Australian laws would not apply.   How do you know the call was recorded?

Did you go through the correct procedure to get your fees returned.  It is not just a case of cancelling the transaction and telling ebay/paypal.

If you have a problem with paypal you should contact the appropriate authorities.  Just the threat of the Ombudsman usually has results.  No need for legal action.

You are not dealing with ebay Australia so legal action will not do much good but you can find their ABN and ACN on the ASIC site.

[hughbearindia]

Rubbish.  Australian law applies.  The issue is, of course, that no one has the money or legal resources to take action against ebay.  Just because a company is foreign does not mean they do not need to comply with Australian law.  If they are operating in Australia, Australian law applies.  If they are dealing with Australian's on Australian soil, Australian law applies.  The issue is not their extra-terratorial standing, the issue is their size and wealth.  And of course, the US refusal to allow their residents or businesses to be challenged outside of America is a problem also.  We are just a tiny speck in the Sth Pacific. 

[phorum_junkie*]

I can imagine how far they would get if the US started to try and prosecute Aussies who lived in Australia and broke some US law, not very far would be my guess.

Even if the person you spoke to wasn't in the US they would be in the Philipenes, not on Australian soil, and last time I looked they were not subject to Aussie law any more than the US is.

That aside I am at a loss to know why you would object to the call being recorded. A couple of times ebay or Payppal have tried to go back on an action that wss promised by one person which of course when it doesn't happen they deny it ever took place however I have been able to provide them with the exact time of the call and the name and employee number of the first person and they very quickly have come back with an apology and an admition that after listening to the call they will comply.

[gec2002]

"That aside I am at a loss to know why you would object to the call being recorded."  Fortunately Australian law isn't based on what you think, and just because you don't care about your privacy, others do and as the OP stated The federal "Telecommunications (Interception and Access) Act 1979, prevents the recording of conversions without permission.

Further, if the call was initated from Australia, then Australian law applies. 

[trailer-board-paradise]

If a business is operating in Australia or holding out that they are operating in Australia then the Corporations Act (and related legislation applies). I think we can all safely assume that Ebay is operating in Australia and is subject to local legislation.

ACN's and ABN's are issued by different Australian authoritie. ACN by ASIC and the ABN by the ATO.

http://pages.ebay.com.au/help/policies/user-agreement.html?rt=nc#20

20. Notices

Legal notices must be served on eBay's registered agent (in the case of eBay) or to the email address you provide to eBay during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to eBay's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay International A.G., c/- Norton Rose Fulbright, Level 18, 225 George Street, Sydney NSW 2000, Fax: (02) 9330 8111.

Law and forum for legal disputes

This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

[trailer-board-paradise]

Australian Company Numbers

Under the Corporations Act 2001, every company in Australia has been issued with a unique, nine-digit number, an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

Where the ACN must appear

A company's ACN should appear on all of its 'public documents' and 'eligible negotiable instruments' (s153). The items on which it should appear include:

• all documents required to be lodged with ASIC
• statements of account, including invoices
• receipts (which are not machine-produced)
• orders for goods and services
• business letterheads
• official company notices
• cheques, promissory notes and bills of exchange, and
• written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

  https://www.asic.gov.au/for-business/starting-a-company/how-to-start-a-company/australian-company-nu...

[trailer-board-paradise]

Extracted from ASIC's database at AEST 10:41:58 on 26/08/2015

Name	EBAY AUSTRALIA AND NEW ZEALAND PTY LIMITED
ACN	086 288 888
Type	Australian Proprietary Company, Limited By Shares
Registration Date	15/02/1999
Next Review Date	15/02/2016
Status	Registered
Locality of Registered Office	Sydney NSW 2000
Jurisdiction	Australian Securities & Investments Commission

[lyndal1838]

The OP is not dealing with the Australian registered company as a seller.   That would be either the USA or the Swiss company where all seller fees are paid.

I am well aware that the ABN is issued by the ATO and the company is registered with ASIC.  You cannot access the ATO site to get the ABN but you can find it on the ASIC site along with the ACN