eBay - Binding arbitration, unsolicited communication, and more!

Just a friendly reminder to all you eBayers out there that the new user agreement is out. Here are a few of the highlights:

Updated provisions governing how disputes between eBay and eBay users are resolved.

    The User Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you and eBay to submit claims to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate by November 9, 2012. Unless you opt-out: (1) you will only be permitted to pursue claims against eBay on an individual basis, not as part of any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
    The laws of the state of Utah will govern the User Agreement and any claim or dispute between you and eBay, unless otherwise stated in the User Agreement. If you opt-out of the Agreement to Arbitrate or it is found not to apply to you or a particular claim or dispute, any claim between you and eBay must be resolved exclusively by a state or federal court located in Salt Lake County, Utah.
[B]Updates to the Fees and Services Section to promote the prompt payment of eBay fees.[/B] 

Not paying fees or taxes owed in a timely manner will subject you to late fees, collection activities, restrictions in your ability to use eBay’s sites, services, or tools, and/or the possible reporting of information regarding your account to credit bureaus, which could be reflected in your credit report.

[B]Provisions relating to eBay's contacts with its members.[/B]

Pursuant to the eBay User Agreement, you agree that eBay, its affiliates, agents, and independent contractors may contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including calls or text messages using an automatic telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications.
You also agree that eBay may monitor or record telephone conversations with eBay or its agents for quality control and training purposes or for its own protection.
It appears that if you wish to opt out of the binding arbitration clause, you may do so using the following method:

Opt-Out Procedure

You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). For new eBay users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. If you are already a current eBay user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than November 9, 2012 . You must mail the Opt-Out Notice to eBay Inc., c/o National Registered Agents, Inc., 2778 W. Shady Bend Lane, Lehi, UT 84043.

The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and the user ID(s) and email address(es) associated with the eBay account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Of course, eBay is currently facing a class action lawsuit over its monopolization of payment methods.

So glad I live in country sensible on such things >< (Small Claims Court >>>> Arbitration)

So is the trend for online transactions to be policed by private arbitration rather than the government? First Steam and now eBay?

The trend is to put binding arbitration language in every such agreement until it is actually tested in court in a case involving a consumer and not an employee. I don’t mind accepting to these agreements because I doubt they would survive an actual legal test.