Bait and Switch on Ebay
 

I found what I thought to be a good deal on Ebay for 2 new in the box front Bilstein Sport shocks (item # 370195097981) for $79.38, so I used the Buy it Now feature and paid for them right away using my Pay Pal account. The next day I get a phone call from the seller asking me to contact them so I do, I get some guy named Brian on the phone and he informs me that they "Happy Motoring" AKA Just Suspension out of Denver, North Carolina posted the wrong price on Ebay and that he wants another $100.00 plus to complete the deal. I immediately informed him that this is known as "Bait and Switch" and is an illegal practice. He insisted that he needed another $100.00 and offered me free shipping if I agreed. I refused so he went on Ebay and canceled the deal and refunded the money to my Pay Pal account.
This is a blatant attempt at bait and switch and he got caught.

I know that he made a mistake on the advertised price. I have made mistakes in business and had to take a loss to maintain my integrity. I feel that he should complete the transaction at the advertised price, take the loss and chalk it up to experience. I would if I were in his place.

Maybe he didn't make a mistake and this is how he sells slow moving items?

Hey DeeVee8
I hope you reported him to Ebay. They need to know about these type of vendors. Also post your transaction experience with this guy on Ebay so that others may shy away from buying from him. I do agree with you that mistakes in business are amde and any company valuing their customers should walk the talk and do the right thing. Post your concern everywhere you can so this jerk feels it in the pocketbook. If he has a web site let us know so we can send him some consumer feed back emails.
Mike

Here's his website, his name is Brian, telephone extension 203.
http://www.justsuspension.com/

Thanks Mike!

No problem!! I already sent him an email. Here is what I wrote him:

Brian,
Recently a member of ours purchased a product from you off Ebay. You contacted him to tell him the price posted was incorrect and there would be an additional $100.00. Your business practice leaves cause for concern to we consumers. I can understand that the price posting may have been incorrect, but as a businessman myself, sometimes we have to honor our mistakes, learn from them and move on. Operating our business to satisfy the customer is what generates more business. On the other side of the coin lies the disgruntled customer who can reek havoc on a business's reputation, such as in this case. I thought it only fair that I should write you so you know what that $100.00 could cost you in future business. We belong to a national car club with connections throughout the United States. You can be sure that this incident will be communicated to each and every member, who I am sure will pass on your name to others outside the club. I write this email to you again as a fellow business owner who has made the same mistake you have and learned from it. Fortunately I was able to correct my mistake with that customer and avoid tarnishing my business name and practices. I would hope the same is true for you.
Mike

Don't know if it will do any good but I had to tell him he was wrong!!!!

Update
 

I reported this guy and his business to Ebay and to the North Carolina Attorney General's office. Ebay and the AG's office have both responded promptly. Here is what Ebay had to say:

Dear Lee,

Thank you for writing eBay in regard to happy.motoring demand for an
additional $100.00 above your winning bid amount.

I'm sorry to hear that this transaction has not gone as planned. To be
clear, the seller did not actually cancel the transaction. They
attempted to do so via the Dispute Console, but since you rightfully
declined their request, it was not canceled. The seller is still
obligated to sell the shocks to you for $79.38 plus $9.95 shipping.
However, we cannot compel them to do so.

In order for us to take action in these situations, we need verifiable
proof that they are refusing to sell the item, such as an email with the
full headers from the seller. Please realize that as an internet-based
company, eBay simply cannot verify that this seller has stated over the
phone that they refuse to sell you this item. However, I will note their
account regarding this matter for any future investigations of this
seller.

If you receive an email from the seller in the future, or a PayPal
refund notification, please send us a copy of the text of that email
along with the full headers. The headers serve as our proof of the
email's path and allow us to fully identify the sender.

I would also encourage you to leave appropriate Feedback to educate
other members about your experience with this seller.

Thank you for using eBay for your online trading needs.

Sincerely,

Darell
eBay Motors Customer Support



I forwarded a copy of the refund from the seller (via Pay Pal) to Ebay.


Mike - Thanks for your support!

This guy either needs to make good on the transaction or be prosecuted by the law. Either way he opened a can of worms by not honoring the deal.

Lee
I received a response from Brian and here it is:

Mike,


Thanks for your email - I certainly do understand the complications of dealing with errors in pricing and advertising. While I'm not precisely familiar with your experience, I assume that it was related to recent issues with the price of Bilstein shocks on eBay.


In most cases, I agree that it would be our responsibility as a company to accept our error and honor any advertised price. In this particular instance, however, it was decided that to do so would simply be too costly. Intense competition on eBay Motors has driven prices (and margins) to the absolute bottom already, and to sell two shocks for the price of one would have resulted in serious losses on our part. It was less costly to offer full refunds to each affected customer rather than to fulfill the orders as advertised. Naturally, this is an unfortunate circumstance from a customer service perspective, and we did issue several refunds.


I appreciate your thoughtful response, and as a fellow businessman, I'm sure you can appreciate our perspective. Please let me know if you have any further questions.


Brian Lyman
Communications Director, Just Suspension
Email | brian@justsuspension.com


I saved the email in case you would like me to forward it to someone to support your case.
Mike

Thanks Mike,

I can see from Brians response at Happy Motoring (aka Just Suspension) that he does not value his business reputation. He obviously has alienated more than one customer with his "mistakes" and is unwilling to make good on them. Too bad for him, I am sure that these "mistakes" will cost him more than a few hundred dollars in the long run. People like him do not change their colors over night, he will try this again with someone else, I am sure.

Wait until he receives an inquiry regarding his business practices from the NC Attorney Generals Office. He will wish he had honored the sale. They take internet scams VERY seriously.

Thanks again for your support!

Lee

Since eBay restructured a few months ago... consumer and seller feedback has become optional. Most sellers don't even bother leaving feedback anymore, but they still expect it from the buyer, holding out until you respond favorably. eBay used to be somewhat respectable... now you just kind of take your chance and hope all turns out ok!

I thought it only fair that I should write you so you know what that $100.00 could cost you in future business. We belong to a national car club with connections throughout the United Bike Trials States. You can be sure that this incident will be communicated to each and every member, who I am sure Bike Trial Seller will pass on your name to others outside the club. I write this email to you again as a fellow business owner Bike Store who has made the same mistake you have and learned from it. Fortunately I was able to correct my mistake with that customer Bike Shop and avoid tarnishing my business name and practices. I would hope the same is true for you.

yandy - thanks for your support!