The Wetherington Law firm has filed a proposed class action lawsuit against Hasbro and Wizards of the Coast on behalf of all United States citizens who meet the following criteria:
Placed an order for War of the Spark: Mythic Edition on eBay;
Received a confirmation email from eBay;
Had their order cancelled; and
Have NOT authorized eBay to cancel the contract.
What is the basis for this lawsuit?
By listing War of the Spark: Mythic Edition on eBay with a “buy it now” price, Hasbro and Wizards made an offer to sell the set to individuals at the listed price. eBay’s terms of service specifically state that, when an offer for an item is accepted, it creates a legally binding contract:
You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or you have the winning bid (or your bid is otherwise accepted)[.]
Both purchasers and sellers must agree to the above terms prior to buying or selling on eBay. Anyone who clicked the “Buy It Now” button to purchase War of the Spark: Mythic Edition, and completed their order, entered into a binding contract.
By the time that Hasbro and Wizards announced their intent to breach the contract, buyers could only obtain War of the Spark: Mythic Edition at its substantially higher fair market value. By refusing to complete the sale, Hasbro and Wizards are in breach of contract and affected purchasers are entitled to recover damages in an amount equal to the fair market value of their purchase.
Has a Class Been Certified Already?
No. This is a proposed class action. Class certification has not been granted and may not be granted if the criteria for class certification is not met.
eBay Sent Me an Email Asking Me to Consent to The Cancel of the Sale, What Should I Do?
It is our position that affected users currently have a binding contract for the sale of War of the Spark: Mythic Edition. If Hasbro and Wizards breach the contract, you may be entitled to monetary damages. If you consent to the cancellation, the contract will no longer be binding and you will not be entitled to participate in this lawsuit as a class member or otherwise be able to pursue damages in an individual action.
Are You Asking Hasbro or Wizards to Print More Versions of War of the Spark: Mythic Edition?
No. This lawsuit is about a breach of contract claim only.
How Can I Join the Lawsuit?
If you are interested in joining the lawsuit as a class representative and meet all of the criteria above, please send my litigation team an email at: firstname.lastname@example.org
I Do Not Want to Be Included in This Lawsuit. What Can I Do?
eBay has sent affected users an email asking for your consent to cancel the contract. If you give consent to cancel the contract, you will not be included in the lawsuit. Even if you do not give consent to cancel, you will still be able to exclude yourself from the class, if certified, at a later date. Additional details will follow.
How Do I Receive Updates on This Matter?
I am Not a Citizen of the United States, What Can I Do?
Contact an attorney in your jurisdiction. We are not able to help in any way outside of the United States.