eBay’s Phone-Based Seller Verification System No Basis for Unruh Act Liability

Online auction service eBay Inc. did not, by requiring sellers to verify their identities using an automated telephone-based system, intentionally discriminate against the deaf community in violation of California’s Unruh Civil Rights Act, the U.S. District Court for the Northern District of California ruled Aug. 8 (Earll v eBay Inc., N.D. Cal., 5:11-cv-00262-JF, 8/8/12).

The plaintiff contended in her amended complaint that eBay’s intent to discriminate was apparent because it went out of its way to design a system that deaf and hard-of-hearing persons could not use. Judge Edward J. Davila disagreed, concluding that “Earll’s allegations describe ...