I have prepared this to submit to the CA Attorney General, the FTC, Santa Clara County District Attorney, The federal Department of Justice and any others I can think of. If anyone who feels the same way would like to add their opinion to this document go ahead and contact me at mrecbeauty@gmail.com – just note PayPal- Google checkout in the subject so I know to read it. Also, if any of you are Adwords users that would greatly support the reality of the burden we face by having to use PayPal. Though eBay PayPal are headquartered in the State of CA they are incorporated in the State of Delaware and it just occurred to me that this needs to be sent there as well.

You can also file a complaint on your own with the FTC, CA State Attorney General, Delaware State Attorney General,  US Department of Justice, and your own states Attorney General

for the FTC Complaint- Federal Trades Commission  FTC email
The CA Attorney General CA Attorney General Consumer Alerts, Information & Complaints
US Department of Justice Complaint - US DEPT of Justice   US Department of Justice email
The Delaware State Attorney General DELAWARE ATTORNEY GENERAL CONSUMER COMPLAINT FORM  Consumer Protection email
Directory of Attorney Generals throughout the US Directory of District Attorneys throughout the US
Directory of US Attorney's office by state locations Directory of The United States Attorney's Office
US House of Representatives Write your congressional rep
US Senate Write your US Senate Rep

Protect yourself from further Injury by eBay Inc.'s Corporate Monopoly start today by filing complaints with the appropriate authorities. You can print and mail this document to these authorities if you would like to. Don't print until I reformat so it prints correctly


eBay Inc.’s business practices have broke the boundary moving from civil to criminal law and for the benefit of society and by the duties of your office consumers are begging for intervention from state legal institutions to protect us and our families from a corporation that has forgotten where it lives and that our foundation of marketplace practices do not foster and encourage the tyranny that has enveloped the eBay Selling members who are in a vicious strangle hold by a company who has been allowed to grow unchecked lending to its absolute control of both relevant markets (online auction service & payment processing service) and have harmed consumers.



“A tying arrangement is defined as "an agreement by a party to sell one product but only on the condition that the buyer also purchases a different (or tied) product, or at least agrees he will not purchase the product from any other supplier."


Although making money for the stockholders is the main reason companies exist, they must do so legally. Ebay has and is engaging in questionable practices.

The 4 elements of a tying arrangement

1) two separate products or services are involved
  • · eBay and PayPal are two separate products - both assets of eBay Inc.

2) the purchase of the tying product is conditioned on the additional purchase of the tied product;

  • · Various manipulative actions by eBay has forced the use of PayPal on eBay members (both buying and selling members) who are not 100% satisfied with the product

You can find eBay's accepted payment policy here http://pages.ebay.com/help/policies/accepted-payments-policy.html
A few key points
  • Effective March 2008, sellers may be required to offer PayPal or a merchant credit card as one of the payment methods for a specific listing.
  • Permitted on eBay.com:

    Sellers may offer to accept:

    • PayPal, merchant credit cards (including MasterCard, Visa, Amex, Discover® Network), debit cards, and bank electronic payments for eBay purchases.

    • Bank-to-bank transfers, often known as bank wire transfers or bank cash transfers.

    • Cash on Delivery (COD) or cash for in-person transactions.

    • Personal checks, money orders, cashier's checks, certified checks, and other negotiable instruments.

  • Not permitted on eBay.com

    Sellers may not solicit:

    • Buyers to mail cash.

    • Buyers to send cash or money orders through instant cash transfer services (non-bank, point-to-point cash transfers) such as Western Union or MoneyGram.

    • Payment through "topping off" of a seller's pre-paid credit or debit card.

    • Payment through online payment methods not specifically permitted in this policy.

List of allowed services
Payment Services permitted on eBay:
Allpay.net http://www.allpay.net/ Tag Line From the site The UK's Only Dedicated Payment Solution Specialist
cash2india https://cash2india.xoom.com/  Tag Line From the Site Fee-Free Transfers to India
CertaPay http://www.interac.ca/consumers/productsandservices_ol_emt.php  The service is now Interac and is a Canadian User Service
Checkfree.com http://www.checkfree.com/  Is Now Part of FiServ and the services specializes in online Bill Payments and Online Banking
hyperwallet.com http://www.hyperwallet.com/  a Canadian User Service
Moneybookers.com http://www.moneybookers.com/app/?rid=1573874&l=EN  A UK User Service
Nochex.com http://www.nochex.com/  a UK User Service
Ozpay.biz http://www.ozpay.biz/parking.php?domain_name=ozpay.biz  an Australian User Service
Paymate.com.au http://www.paymate.com/cms/  an australian User Service
XOOM https://www.xoom.com  International Wire Service
Propay.com http://www.propay.com/ 
  • This is the only service option allowed by eBay.com that might be used by eBay members and can be described as convenient. 
  • However, user base within eBay is low- my assumption because I have never encountered this option- and the brand is virtually unknown by eBay members. 
  • The service is expensive- especially in consideration of the lack of brand awareness rendering it of having very little value to sellers and buyers within eBay.
  • The service processes credit card transactions, but the rates are variable depending on the card used
  • Which credit cards the service will process is dependent on the level of subscription purchased
    • Basic Plan is $34.95 Annual and provides the following features
      • Process Visa & Mastercard transactions at the rate of 3.5% + $0.35 per transaction
      • Process transactions via the internet
      • Checking Account transfers with a $0.35 fee
      • Starting monthly processing limits $1000.00
    • Premium Plan is $59.95 Annual and privides the following features
      • Visa & Mastercard 3.25% + $0.35 transaction fees
      • Discover 3.25% + $0.35 transaction fees
      • American Express 3.75% + $0.35 transaction fees
      • Process via internet and phone
      • Linked prepaid mastercard
      • Annual Statement
      • Checking Account transfers with a $0.30 fee
      • Starting Monthly Processing is $3000.00
    • Premium Plus
      • Subscription $119.95 Annual
      • Visa & Mastercard 2.99% + $0.30 transaction fees
      • Discover 2.99% + $0.30 transaction fees
      • American Express 3.49% + $0.30 transaction fees
      • Process via internet and phone
      • Linked prepaid mastercard
      • Annual Statement
      • Checking Account transfers with a $0.25 fee
      • Starting Monthly Processing is $5000.00-

        Monthly limits (starting at $5,000) based on:

        • Business need
        • Business and/or personal credit reviews
        • Previous merchant history (if any)

There are 2 more levels, but I think the point is clear- this service offers no real value to eBay sellers due to both the fees and the monthly limits.  This method is just as disingenuous as the international services being presented as payment service options.  Keep in mind eBay's statement under unacceptable service: Payment through online payment methods not specifically permitted in this policy. Unless eBay specifically states a method is acceptable then by default it is unacceptable.

Unacceptable options
AlertPay.com, anypay.com, AuctionChex.com, BillPay.ie, ecount.com, cardserviceinternational.com, CCAvenue, ecount, e-gold, eHotPay.com, ePassporte.com, EuroGiro, FastCash.com, Google Checkout, gcash, GearPay, Goldmoney.com, graphcard.com, greenzap.com, ikobo.com, Liberty Dollars, Moneygram.com, neteller.com, Netpay.com, paychest.com, payingfast.com, Payko.com, paypay, Postepay, Qchex.com, rupay.com, sendmoneyorder.com, stamps , Stormpay, wmtransfer.com, xcoin.com

There is an option on the forbidden list that is highly valuable to both Buyers and sellers within eBay, due to its global brand recognition and service reliability- and that is of course Google Checkout.  eBay's justification for banning the use of Google Checkout was the methods untested security, however it has been two years and eBay has not changed their position and as demonstrated has continued with the ban of Google Checkout by eBay members.

eBay's reasonning for this policy: in their own words
 

  • Interesting Considerations for ebay's continued ban of Google Checkout on the premise of security concerns
    • Key Dates:
      1998: Peter Thiel and Max Levchin found Field Link, soon renamed Confinity.
      1999: Confinity launches first version of the PayPal electronic payments system. (November 1999)
      2000: Confinity is acquired by X.com Corporation.
      2001: X.com makes initial offering of stock on NASDAQ; firm is renamed PayPal Inc.
      2002: eBay Inc. acquires PayPal for $1.5 billion in stock.
eBay apparently did not view PayPal's two year history as a security risk- it was simply more profitable than its own transaction service Billpoint, which interestingly is within eBay's list of unacceptable services as shown above.  The Google brand has had global recognition by far longer than paypal had when it was acquired by eBay and named as eBay's primary payment service.

eBay has allowed Google access to eBay stores by way of the Google Store Connector, which collects the product information from eBay stores and lists the items in Google Base free of charge.  The service is store owner initiated, but the member must provide their eBay User ID and password to give Google access.  I find eBay's acceptance of member information being supplied to Google, and believe the disregard to "safety" (in eBay's opinion) is because the tool and service benefits eBay by driving tragffic to the eBay.com  website:

The Google Base Store Connector, a service that enables eBay, Yahoo! and Amazon Web store owners to have their store indexed in Google, just got an update. Engineering Manager Patrick Williams says that newly added features include more support for eBay customized stores, single connection support for merchants who have multiple Yahoo! stores, the option to include more item attributes, improved retry logic (when retries occur due to timeouts and failed attribute processing) and automatic prompts to update Store Connector when upgrades are available.
Google Base Store Connector
December 28, 2006 by Ty



eBay & PayPal announced a joint collaboration with Google to battle phishing scams being passed through Google's gmail email service:

“Now any email that claims to come from "paypal.com" or "ebay.com" (and their international versions) is authenticated by Gmail and -- here comes the important part -- rejected if it fails to verify as actually coming from PayPal or eBay. That's right: you won't even see the phishing message in your spam folder. Gmail just won't accept it at all. Conversely, if you get an message in Gmail where the "From" says "@paypal.com" or "@ebay.com," then you'll know it actually came from PayPal or eBay. It's email the way it should be.

eBay and PayPal have worked hard to ensure that all their email is signed with DomainKeys and DKIM. Armed with this information, Gmail can easily reject as a fake anything that doesn't authenticate. We've been testing this for a few weeks now and it's working so well that few people really noticed.

We think it's great that PayPal and eBay have taken on the challenge of securing email, and we're pleased to have put our best efforts together to make this work. It's a bold move, but one that will really help fight phishing. Our hope is that this will set a good example for other organizations to follow (yes, it can be done!) and that over time more and more email will become trustworthy.”
Fighting phishing with eBay and PayPal
Tuesday, July 08, 2008 7:01 AM

Posted by Brad Taylor, Software Engineer and Gmail Spam Czar
It appears eBay Inc. has no issues with Google Inc.'s participation in eBay issues when it benefits eBay, which clearly indicates eBay's ban of Google Checkout is self-serving in essence and has nothing to do with possible security issues due to Google's untested safety as a payment service provider.

PayPal & eBay both are high risk brands when it comes to phishing predators.  In reality anyone who has ever had any interaction with either eBay or PayPal is highly susceptible to being a victim of a phishing scam.  A fraud alert search on  FraudWatch International for PayPal, Ebay, and Google or Google Checkout alerts demonstrates which service/s is the highest risk factor for phishing scams:

   
 
      

Clearly, it is eBay and PayPal who are not secure brands not Google.  Note that Google Checkout has never received an alert in its existence and the Google Brand as a whole only 26.  In reality eBay not allowing eBay members options of similar service to PayPal is putting members at great risk - I can't see where their ad PayPal the easier safer way to pay derives from.  Exactly what are they comparing themselves to?  I would assume the ebay unacceptable methods list of services are the comparable services - well it is simply not true that PayPal is better than at least one of those services in regards to security- Google Checkout.


PayPal, Bpay and direct deposit are generally used as online

payment mechanisms. Paying at the shop cheque or money order are skewed toward offline

purchases. 














Note: eBay offers no protection services beyond Facilitation of communication with its email messaging system.  If a member wants loss protection they will have to use PayPal. Also, eBay discourages the use of other payment options including Credit Cards- promoting the superior safety of the PayPal service. These are just a couple of examples - the whole of eBay guides and policies are centered on the PayPal service and why buyers and sellers should use it and why sellers must use it.








Note that it is eBay's interpretation and expectation that determines if a seller has met the unknown common sense good service expectation.  It may be common sense, but is my common sense the same as eBay's idea of common sense?  eBay clearly leaves this wide open for their unquestioned authority of behavior standards without informing members of what those standards are- every eBay member could potentially be forced to use the PayPal service if they don't meet the expectations that can clearly be personalized for each member by eBay resulting in having to use the PayPal service exclusively.



3)  The seller (eBay) has sufficient market power in the market for the tying product (PayPal)
 I think this is clear- but I’ll lay it out




· I think it is pretty clear eBay has sufficient market power in the tying product

4)  Not an insubstantial amount of interstate commerce in the tied product market is affected.



Exclusive dealing, vertical integration, vertical monopoly and eBay

(1) Exclusive dealing refers to when a retailer or wholesaler is ‘tied’ to purchase from a supplier on the understanding that no other distributor will be appointed or receive supplies in a given area. When the sales outlets are owned by the supplier, exclusive dealing is because of vertical integration, where the outlets are independent exclusive dealing is illegal due to the Restrictive Trade Practices Act.



(2) Vertically integrated companies are united through a hierarchy and share a common owner. Usually each member of the hierarchy produces a different product or service, and the products combine to satisfy a common need.



(3) Exclusive dealing can be a barrier to entry,






(4)  Vertical integration - A firm's coverage of more than one level of production, while pursuing practices which favor its own operations at each level, is often cited as an entry barrier
      • In forward vertical integration, the company sets up subsidiaries that distribute or market products to customers or use the products themselves. An example of this is a movie studio that also owns a chain of theaters.
      • Ebay > PayPal
  • Benefits for eBay Inc. 
      • Lower transaction costs that are not available to competitors trying to enter the market
      • Synchronization of supply and demand along the chain of products
      • Lower uncertainty and higher investment
      • Ability to monopolize market throughout the chain by market foreclosure





  1. Google’s failure to grow is due to eBay & PayPal’s intentional activity to prevent Google from entering the market and lessening the value of eBay’s PayPal.


2.  Let us also remember eBay’s act of “retaliation” toward Google last year by pulling all of their advertising from Google to back them off of efforts to gain any    portion of the market.

Ebay, Google's top advertiser, pulled its ads from the search giant's site after Google announced that it would hold a party Thursday night in Boston, where eBay had planned activities that evening as part of its Live! 2007 conference, a gathering of the auction site's devotees. The planned Google celebration devolved into a Boston tea party of sorts, with eBay dropping Google ads in protest of the search engine's party poaching. Google then backed off, canceling its shindig. EBay played it cool, announcing that its ad purchases were halted as part of a routine test of marketing options. Cynics responded that anyone who bought that claim should check to see if eBay might be auctioning off a bridge in Brooklyn.Google vs. eBay: Round One

Friday, Jun. 15, 2007 By JEREMY CAPLAN


As someone who holds a Google Merchant account I can tell you that I prefer the ease of use, the fact that the money is deposited into my bank account not a special interest earning account for the benefit of Google, the prices are substantially cheaper especially considering I am an adwords user and would not have to pay for transactions at all because of my advertising costs- that I currently have to pay on top of the fees and hassle of using PayPal. The banning of what only a fool would refer to as an unsafe method – Google increases my fees which hurts my customers, and the nature of PayPal’s self serving dispute resolution substantially increases my liabilities. If I had the option there is no way I would use PayPal exclusively if at all.

1) PayPal Fees I pay (https://www.paypal.com/us/cgi-bin/webscr?cmd=_display-fees-outside)





2) Google Checkout Fees
      • 2% + .20 transaction fee (http://checkout.google.com/seller/fees.html)


eBay Inc. Ruling the world through ecommerce payment service PayPal Inc.
eBay Inc. has been aggressively marketing its payment service PayPal into the general ecommerce market in an effort to command the prices of all ecommerce payment service by using the eBay marketplace’s user base





SAN FRANCISCO--E-commerce payment company PayPal has grown organically on the back of eBay, but apparently no longer.


PayPal President Scott Thompson said here at the RBC Capital Markets conference Wednesday that by year's end, his company will derive more total payment volumes from its Merchant Services than from eBay buyers and sellers. Merchant Services is the name for the payment software PayPal provides to third-party sites like Starbucks, Delta Airlines, and American Outfitters.(In the last quarter, eBay buyers and sellers---long the bread and butter of PayPal's business--racked up about 51 percent of the payment volumes.)


That's a big shift for a company that was bought by eBay only six years ago.


"We've had organic growth with eBay, but as merchants migrated off the eBay platform (by building their own sites), they've brought us with them," Thompson said while speaking to a group of fund managers and venture capitalists at RBC's technology, media, and communications conference.

That trend also couldn't come sooner. PayPal is facing increased competition from the likes of Google's Checkout and newcomer Amazon.com. eBay's retail rival, Amazon, recently introduced an e-commerce payment service called Checkout by Amazon.

To be sure, Thompson was giving a virtual sales pitch to investors. But the story is impressive. PayPal now serves 33 percent of the top 100 e-commerce sites {and the entire eBay.com user base} in the United States, according to Thompson. In the second quarter, PayPal reported net revenue of $602 million, a 33 percent rise from the previous year. And it reported a total payment volume in the quarter of more than $14 billion, or 35 percent growth.

PayPal's international picture is also promising. He said the company expects that growth overseas will put PayPal's international business over that of its U.S. business next year. "By the back half of 2009, the international business will exceed our North American business."

As for mobile, PayPal has been investing in the market for the last three years, but the company's offering hasn't caught on in the United States, Thompson said. As a result, the company changed its mobile strategy in the last year. It plans to focus on bringing services to underdeveloped payment markets. Those might include China or Russia, which don't have robust electronic infrastructures.

"In Russia, lots of people stand in line to pay their bills every month. That's a perfect use case for PayPal," he said.


August 6, 2008 4:19 PM PDT

PayPal branches out from eBay's money tree



Note: The Coupon is only good if the purchase is made from a seller who accepts PayPal payments (again pushing more sellers to accept PayPal to gain more sells) through the eBay checkout system with their PayPal account - brand new account for some people all to the benefit of PayPal the tied product and the exclusion of any other payment method.


  • A common practice of monopolistic behavior is to gain and control the market by creating barriers of entry for those seeking to enter the market.  Advancing user base with coupons with the intent to boost the market share of eBay's tied Product PayPal further entrenches the e-commerce market in using the PayPal payment service effectively stamping out any opportunity for possible competitors to enter the market outside of eBay as described in the abstract below:
Abstract: This paper introduces the concept of “exclusionary bundling.” Under exclusionary bundling, a firm with market power in good A and facing actual (or potential) competition in good B prices an A-B bundle in a way that makes it impossible for equally-efficient one-good rivals selling B to compete. Exclusionary bundling has a foreclosure effect similar to that of predatory pricing, but the two practices have important differences. Unlike traditional predatory pricing, the exclusionary behavior need not be costly to the firm. The intuition is that under predation, the firm actually has to charge a price below cost and thus loses money that it later has to recoup. Under exclusionary bundling, the firm only has to threaten to raise its unbundled prices if the bundle is not bought. All customers are led to buy the bundle and so the threat never need be carried out.

Exclusionary Bundling

by

Barry Nalebuff
An important factor to note is these coupons are not for eBay's customers the sellers- meaning they are not giving their customers discounts for the purchase of their services (listing the product, store subscription fees, Final value fee commissions) they are giving coupon's to eBay selling members' customers if they pay through eBay's PayPal - the tied product.

In a nut shell eBay is robbing both merchants who are essentially forced into usage due to the unusual demand of the service due to PayPal being the only real available option until a competitor is able to break the barrier. I ask you – if Google Inc. has not been able to achieve entry into the online payment service market who can?

eBay Inc. is a US corporation headquartered within the state of California and in both jurisdictions eBay’s actions are not merely civil litigation issues – I believe this situation merits an evaluation to determine if both Federal & California Anti-trust laws have been disregarded establishing the logical issuance of criminal charges against eBay executives and board of directors who have seriously failed to perform their fiduciary duties to eBay Inc.. Their illegal actions are causing great harm to consumers and they need to be reigned in to protect the public.



Thank you for your time ----------------- Concerned citizen and Injured Consumer