Werner Wetherington, P.C. filed a 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.