Is FORCED Buyer Protecion in fact legal?

[uerseya_2019]

The buyer will have/has no opt-out at all it seems, so I pretty certain default opt-in insurance of any kind in the UK is not legal.

Plus the Buyer Protecion is only shown at checkout, so most Buyer's will miss the inclusion of this forced default opted-in insurance.

Would anyone know definitivelyon this matter?

[uerseya_2019]

There is this from reddit: https://www.reddit.com/r/eBaySellerAdvice/comments/1hskmuw/new_ebay_buyer_protection/

Send it to
For consumer protection and potential legal review of this practice, key UK bodies include:

1. Consumer Rights Bodies:

• Citizens Advice Bureau

• Competition and Markets Authority (CMA)

• Financial Conduct Authority (FCA)

1. Regulatory Bodies:

• Trading Standards

• Advertising Standards Authority (ASA)

Spread the news....

Dear Sir/Madam,

I am writing to formally complain about eBay UK's new Buyer Protection fee policy, which I believe potentially contravenes UK consumer protection regulations.

Specifically, I am concerned that:

1. The Buyer Protection fee is mandatory and non-optional

2. Consumers cannot opt out of this service

3. There appears to be no clear right to cancel or refund this protection service

I request an investigation into whether this practice complies with:

• Consumer Contracts Regulations 2013

• Consumer Rights Act 2015

I would appreciate your formal review and guidance on the legality of this new eBay policy.

Yours faithfully,

[Your Signature] [Your Name]

Encl: eBay Buyer Protection Policy Documentation

[*vyolla*]

Vinted have been adding a buyer protection fee for years, I can't imagine them breaching any regs.

Same as eBay. They are not going to implement any change without first running it by lawyers.

[papso22]

Buyers can always 'opt out' by not using ebay to buy things on.

[uerseya_2019]

From Value Added Resource: "eBay at least appears to have learned a bit from Mercari's troubles, opting to keep the buyer fee included in the item price inste..., but despite their claim that makes for a more "transparent"experience, some buyers and regulatory bodies may disagree."

@ https://www.valueaddedresource.net/ebay-uk-buyer-fees-february-4-2025/

It's interesting what it says in that article about Mercari = "

The move comes as other marketplaces have been experimenting with shifting fees from sellers to buyers - mostly with disastrous results.

Mercari shifted the fee burden from sellers to buyers in March, leading to lower sales as buyers abandoned the site due to sticker shock when seeing additional fees reflected out checkout.

The results for Mercari were bleak, leading to a layoff of 45% of US staff, the resignation of Mercari US CEO John Lagerling, and a new "new" fee structure launching January 6th."

[uerseya_2019]

Re: Buyers can always 'opt out' by not using ebay to buy things on.

Yes, I don't think that's how the regulator would see it, anyone who was sold PPI could have gone somewhere else too.

[papso22]

But on ebay the buyer will always know what they might pay throughout the process, the only 'shock' at checkout will be that the price they were always prepared to pay included a buyer protection fee.

I expect ebay will advertise this change to all accounts in due course.  Sellers needed advance warning but buyers really only need to know just before the change happens so they can decide what to do.  There should then be no 'shocks'.

[*vyolla*]

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@uerseya_2019 wrote:

Yes, I don't think that's how the regulator would see it, anyone who was sold PPI could have gone somewhere else too.

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Report it to them then and pop back to update us here when you have a reply. 

[magpiecorner1]

I would doubt it but the proposed simple shipping could be.

Consumer law only covers B2C trading, but the fact that a third party business is adding charges - to the buyer, so this forms a B2C contract ) will certainly muddy the waters, particularly if that third party is in control of delivery pricing.

Say I bid on auction item, starting price £1.78 (99p plus buyer protection fees).  I bid £300.  The bid is still £1.78 and the postage is as stated.  But I've now no idea if the postage will increase or by how much, because eBay can't predict the end price.  Nor can the seller.  I'm not even sure at this stage if I'm buying the postage from the seller or from eBay.  I am not sure that eBay can even dictate postage to a seller.

Furthermore, it might be deemed that the seller is working for eBay on a commission basis - providing the item, listing it, and posting it per eBays instructions and eventually getting a payment less eBay's buyer fees (different to today as eBay is going to be taking buyer fees and postage depending upon the final price rather than standard eBay fees - and it's still no eBay fees to the seller) or at the very least that that eBay is providing an escrow service by holding payment.

Muddy waters indeed.

[plpmr]

probably the main 'problem' is what eBay called it, as buyers already had this for free.