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A Massachusetts couple has filed opposition motions in federal court against eBay Inc. and several of its executives, claiming that the company and its leadership were complicit in a harassment campaign orchestrated by eBay employees.

David and Ina Steiner are challenging eBay’s request for pretrial dismissal of charges related to the harassment campaign that allegedly targeted them after they criticized the company on their blog, eCommerceBytes. The couple has filed several motions to oppose efforts by eBay, its former CEO Devin Wenig, former communications director Steve Wymer, former senior vice president Wendy Jones, and security contractor Progressive Force Concepts to have the case dismissed.

While eBay and its executives have acknowledged that the Steiners were harassed and stalked, they contend that they did not directly participate in the harassment. The Steiners, however, argue that eBay acted negligently by retaining Jim Baugh, the company's former director of security, who allegedly led the effort to harass them.

The Steiners assert that Baugh's actions caused them to live in constant fear, to the point that they were afraid to leave their home except when absolutely necessary. They claim that eBay’s leadership, including Wenig, Wymer, and Jones, implicitly or explicitly encouraged the harassment, and they argue that the executives turned a blind eye to the actions of Baugh and his team.

The couple also accuses eBay of defaming them by using fake Craigslist ads for sex parties at their home, among other allegations. Furthermore, the Steiners point to eBay's legal responsibility for the actions of its employees, citing a deferred prosecution agreement in which eBay resolved related criminal charges with the U.S. Department of Justice. Notably, neither Wenig nor Jones faced any repercussions for their roles in the scandal.

The Steiners, who run a blog covering the online retail industry, claim that they became targets of harassment after publishing critical content about Wenig's spending practices. The harassment included disturbing mailings, such as a severed pig's head mask, a book on grieving, and other threats, as well as being followed and having a GPS tracker attached to their car.

Seven eBay employees pleaded guilty to criminal charges and were sentenced to probation or prison time for their involvement in the campaign. In January 2023, eBay reached an agreement with the U.S. Department of Justice to resolve charges related to interstate travel for stalking, witness tampering, and obstruction of justice.

In their opposition filings, the Steiners argue that Wenig took personal offense to articles written by Ms. Steiner and even demanded that eBay personnel take action against her. They also allege that Wymer was directly involved in directing the harassment campaign, quoting him as saying that he wanted Ms. Steiner “done” and expressing extreme hatred toward her.

The Steiners further argue that Jones and Progressive Force Concepts cannot escape liability, given the extraordinary nature of the case, as noted by U.S. District Judge Patti B. Saris. The couple seeks punitive damages for some of their claims, with California law applying to claims for emotional distress and civil conspiracy.

The Steiners are represented by a team of lawyers from multiple law firms, including Finkelstein & Partners LLP, Diller Law LLP, and Scalli Murphy Law PC, among others. eBay is represented by attorneys from Sidley Austin LLP, while Wenig, Wymer, Jones, and Progressive Force Concepts are represented by other legal teams.

The case is Steiner et al. v. eBay Inc. et al., case number 1:21-cv-11181, in the U.S. District Court for the District of Massachusetts.