Gentry v. eBay, Inc

In Gentry v. eBay, Inc. (2002) 99 Cal.App.4th 816, the plaintiffs bought forged sports memorabilia on eBay. They sued eBay for, among other things, negligence and unfair trade practices. (Id. at p. 820.) The Gentry court ruled the plaintiffs failed to plead around the section 230 immunity protecting eBay from liability on the plaintiffs' claims. Given the broad immunity provided by section 230, the court reasoned that the plaintiffs were trying to hold eBay responsible for disseminating information provided by the individual sellers who used its service. (Gentry, at pp. 828-831.) Regarding the allegation that eBay knew or should have known about the sellers' illegal conduct but failed to prevent it by withdrawing or altering the fraudulent content, the Gentry court stated: "This is the classic kind of claim that Zeran found to be preempted by section 230, ... one that seeks to hold eBay liable for its exercise of a publisher's traditional editorial functions." (Id. at p. 835.)