Filing a lawsuit against offerup

Level 3
I finally have the time to do this.....

I have been asking offerup to delete my seller profile and community profile. I sometimes get an automated response that says they will and it’s done. Then I’ll get a judo or badge from my community profile with my real name and see that it has not been cancelled. Then I’ll get an email for an old item that has sold of mine on a supposed deleted and removed seller profile. Offerup has ZERO customer service, ZERO buyer protection and does not do anything proactive or anything at all when multiple users complain of being scammed by the same seller. This app is 50% criminals and 50% normal people. Which will you get? I don’t know. Try your Luck. Me, I’ll take my luck somewhere else. But I can’t leave because offerup lies and says my profiles are deleted but they really aren’t. Sending off a certified letter with intent to purse legal action of my accounts are not permanently deleted on 36 hours from Monday morning, 7/29/19.

And to you community users who think you have a good answer to this, save it. It’s not a good answer.

Another thing; the instructions online to do certain things on app or in the community do not match the layout of said app or online interface. This is just garbage.
2 REPLIES 2

Here is the reality, nothing on the internet is "forever" deleted (does not matter what anyone tells you).

 

Even if OfferUp agrees to "delete" your profile, the only way you will find out whether or not it's been deleted (to your satisfcation) is you serve a summons and during the pre-trial proceedings, and to submit a motion for discovery, which means you have to file a lawsuit FIRST before you can find out.

 

BTW, whomever you hire to file this lawsuit, make sure that the attorney in charge hires a competent process server (video record the serving process with the intended recipient taking possession of the summons) to serve the summons to OU's headquarters. There are others who have filed lawsuits (these records are public), but tried to save money by hiring some morons to serve the summons and ultimately embarrassed themselves...a complete failure.

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Community Manager

Please see our Terms of Service.

 

20. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH OFFERUP AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OFFERUP (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).

 

B. No Class Arbitrations, Class Actions or Representative Actions. You and OfferUp agree that any Dispute arising out of or related to these Terms, the OfferUp Service or the Materials is personal to you and OfferUp and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and OfferUp agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and OfferUp agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.