Hi Robert...
Yes - I have the same generic "notice" from AuctionArms - which I think is a great improvement over their current business practices.
However, my point is that their "notice" should be sent specifically to the seller about FGR's specific "transaction" - and that "seller" (who was registered on their site - AND FGR has his snail mail address!) should be given "notice of intent to pursue litigation" - for EXACTLY the same reasons they cited in the e-mail to you and me. A less ambitious approach would be for AuctionArms to support FGR's position should he wish to pursue litigation.
An unresponsible approach is for AuctionArms to do nothing - IMHO. Further, their "general" notice that they sent is an admission that they had a problem - and to do nothing to resolve specific claims now is actionable within the bounds of litigation, especially as they had foreknowledge that a buyer could be victimized through a transaction on their site.
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