@sugar249 wrote:
@the_great_gatsby wrote:
@sandypebbles wrote:
Why on earth have 30 people gone ahead a bid on something like this?
You would have to question eBay
And then question that many people who have happily bid on something that does not exist who are ready and willing to support it
Much like common sense 😖
Most people don’t read the entire item description, much like close to 0% of people read disclaimers before agreeing to them.
Under Australian Consumer Law (ACL), it is illegal for businesses to engage in conduct that is misleading or deceptive, or is likely to mislead or deceive (Section 18 of the ACL).
Similarly, in the United States, Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce."
The law takes into account the intention and what the average person would do or think.
The average person would assume that sellers aren’t actively attempting to commit fraud.
This is why misleading listings can be problematic, as they exploit this trust.
Clear and honest descriptions are crucial to prevent misunderstandings and ensure fair transactions.
Ah ''You are purchasing the picture of the coin. If you are a human, do not purchase this item as it is set for bot accounts buying out all the cheap items listed.'' is really clear to me, no fine print, it's there in front of you.
Not sure of the relevance of the US law, last time I checked we were still in Australia with our own laws.
Ah yes, I assumed you were American as well...
In regards to it being really clear, you understand that contracts that are unreasonable aren't enforceable, right?
Under Australian Consumer Law (ACL), businesses are prohibited from engaging in conduct that is misleading or deceptive, or likely to mislead or deceive (Section 18 of the ACL).
This includes ensuring that any disclaimers or important details in listings are not buried or obscure.
The part of the description stating, "You are purchasing the picture of the coin. If you are a human, do not purchase this item as it is set for bot accounts buying out all the cheap items listed," is particularly problematic.
This kind of disclaimer is not only confusing but could also be considered deceptive.
The ACL mandates that businesses must not make false or misleading representations about the goods or services they are selling.
Even if the disclaimer is present, it does not absolve the seller of the responsibility to ensure that the listing is clear and not misleading to an average consumer.
Most people don't read the description at all, let alone in its entirety.
This is why transparency and clarity are so crucial.
For example, if a description is too long or complex, it can be argued that the average consumer wouldn't be expected to read through it all, especially if the critical information is hidden within a wall of text.
What length of description is too long for you to read entirely? I'm sure you haven't read the entirety of every description for items you've purchased.
This is a common behavior, and it's why the law takes into account what the average person would do or think.
Ensuring that important information is presented clearly and prominently helps prevent misunderstandings and protects consumers from deceptive practices.
