Could Inaction by Penny Auction For10Cents Spur Class Action?

Screaming Child

I just spoke with a bidder who told us he won an item on 290 days ago and has yet to receive it. He is calling For10Cents bidders to band together and file a class action lawsuit against the Illinois based penny auction site.

for10cents item not received

On For10Cents’ redesigned homepage they state that there have been 28,011 satisfied customers; however, judging by the For10Cents posts that have been made over the past 3 years in the  Penny Auction Watch forum, we’re wondering why these customers haven’t posted about their great experiences with the site.

The bidder who is interested in started a class action lawsuit told us he won a BlackBerry PlayBook 64GB tablet 290 ago and is tired of waiting. He believes that For10Cents needs to be held accountable for their inaction.

BlackBerry PlayBook 64GB – The world’s first professional-grade tablet COM1748d49d336a86e8

Current auction price: $64.47
Shipping: $16.00
Highest bidder: UpayDOUBLE
290 days ago
Time to outbid: 6 sec.
Amount to outbid: $0.01
Worth up to: $669.99
Current price: $64.47
You are saving: $605.52

He posted,”I don’t believe an attorney will touch it based on one guys unpaid auction. If we coordinate and group together it will be easy to get an attorney to take the case. This is all the info I need to get an attorney to take this. Send Info to Class action lawsuits don’t start themselves. I believe it’s time for action. I don’t believe everyone is up for a road trip to Illinois.”

For10Cents Acknowledges the Delays and Tells Users They Will Ship Items As Soon as Financing is Secured

Just yesterday a bidder, who told us not to post his name as he has “several auctions that haven’t been shipped yet” forwarded us an e-mail from For10Cents updating him on the status of their site. In the e-mail For10Cents cite a delay in financing as reason for not shipping items, but tells members that they just need a more time to close financing to receive funds. They state that they are contacting all members about outstanding items.

Take a look:

 Dear Customer,

This is just a quick update regarding shipping of past due items. As you may
know from our prior emails, we have been able to secure financing necessary to
meet all our past due obligations. All the formalities have been taken care
of, now we are just waiting for the funds to become available.

We were informed by our investors that they need additional time to close
their financing round from which we are receiving our funds. The delay is
caused by the enormous amount of new banking regulations which require way
more time and effort to complete such transfers as compared to the past. We
will receive an update within next 7 to 10 days and we will inform you about
the progress promptly.

In the meantime, we have been contacting all customers to verify the items and
amounts owed. This is a very labor-intensive process, so forgive us if we have
not contacted you yet. However, we will get in touch with everybody. Upon
receiving our funds we will immediately ship cash payouts and then follow with
shipping the items due to you. Please keep in mind that we are currently
operating in what is called “an investors market”, meaning that there is less
money available on the market than businesses seeking funds and, consequently,
who holds the money dictates what and how quickly is happening.

It was our great success to secure the funds and as soon as we get them we’ll
be in full control of the timing and will ship the items right away.

Thank you for your continued support!

Best regards, – Your Team

Do you think that should still be offering items when they have outstanding orders that need to be fulfilled? They sure are offering a lot of them. Dell XPS laptops, UGG handbags, SiriusXM, CANON EOS Rebels, gaming consoles, small appliances and so much more. 

According to a ticker on their site 39771 auctions have been won. 

It seems that there have been issues with user discontent spurred from bidders not receiving items for quite some time now. In the past we’ve posted about how bidders thought they were being “blackmailed” by For10Cents and $11k worth of items cancelled because of what was posted by the member in our forum.

One day back in 2009 For10Cents wanted to advertise on Penny Auction Watch, I let them, but the same day, after I found out that shill comments had been posted in our forum I pulled sponsorship and refunded their money.

Bidders, know your rights!

Penny Auction Sites Need to Adhere to The FTC’s Prompt Delivery Rules for Selling on The Internet:

“Complying With The Rule

By law, you must have a reasonable basis for stating that a product can be shipped within a certain time. If your advertising doesn’t clearly and prominently state the shipment period, you must have a reasonable basis for believing that you can ship within 30 days.

If you can’t ship within the promised time (or within 30 days if you made no promise), you must notify the customer of the delay, provide a revised shipment date and explain his right to cancel and get a full and prompt refund.

For definite delays of up to 30 days, you may treat the customer’s silence as agreeing to the delay. But for longer or indefinite delays – and second and subsequent delays – you must get the customer’s written, electronic or verbal consent to the delay. If the customer doesn’t give you his okay, you must promptly refund all the money the customer paid you without being asked by the customer.”

What do you think? Are you still waiting for items that you won on or any penny auction site? Tell us about it. Join our free penny auction forum right now.

Resources for penny auction bidders and site owners:

There Are Penny Auctions That Ship Quick!

Guidelines for Penny Auction Site Owners

Photo credits: Used in accordance with Creative Commons licensing – taken by mdanys

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14 comments… add one
  • Jeff Reed March 2, 2012, 2:32 pm

    I am still waiting for items from 624-746 days out but what can you do besides pay a lawyer more than what the items are worth to get back nothing? I’d join the lawsuit if I didn’t have to pay anything cause I’m broke at the moment.

  • Sharon Blake April 2, 2012, 2:39 pm

    Won a WII and game bunde on 6/30/11. Never received item despite many contacts to the company. Was always told “in 2 weeks”. Still nothing. Did receive the same call as others in 12/11 from the President of the company (supposedly) and he cited their financing issues and said it should be straightened out “in 2 weeks”. This site is a scam, involved in fraud, and should not be operating.

  • Sharon Blake April 2, 2012, 2:40 pm

    BTW – forgot to mention that I have reported them to the BBB of IL, the Consumer Protection Agency and the Federal Trade Commission.

  • Louie April 15, 2012, 7:17 am

    Wow sounds to me like this site ran out of money and is shutting down soon. Looks shady to me. I just started an auction site and i will always ship items. I have put in each auction a minium sale price to avoid problems like this and if the minium sale price is not met then all bidders for that auction get their bids back 🙂

  • Max June 1, 2012, 10:42 am

    I have been all over the web posting on sites of my experience with for10cents. This site is without doubt a scam. I’ve been receiving calls recently from Wilhelm the CEO stating on my voicemail that he is calling me to resolve shipping issues and concerned about my charge backs. What I did was contacted my credit cards(2) and they’ve credited my account all of the money that was used on the web site. I spoke to Wilhelm twice, he stated in the first conversation that he would ship me a couple of items within two weeks…..nothing sent. Second time we spoke I was pissed off and told him he could now deal with my credit card companies. Now that I have my money back for10cents, Wilhelm, nan-5 and whom ever else associated with this company can kiss my a……Best of luck to you all.

  • Linda June 13, 2012, 10:59 am

    Yep, I’ve tried for over a year to get my wins. I do have a lawyer looking into it, but since it’s family I tend to be last after all the other business. I would join a class action lawsuit. The suggestion I have had from my lawyer relative is to maintain a professional (no cussing them on paper) and to contact your State Attorney General (not necessarily their state). I personally don’t think it is a bad idea to contact their State Attorney General, their Congress representatives for the State as well as the National government. Local authorities and any one else that will listen. From what I have gathered they have an office in Illinois and another state. I am thinking it is New Jersey, but I will have to research that again to be sure. The Better Business Bureau will take a report, but since for10cents is not replying to them, all it is will be another paper trail. As far as I am concerned, the class action suit lawyer can have all my winnings, I just want for10cents to realize they have to pay for their business practices. I don’t see for10cents shutting down since they don’t have any intention of shipping wins based upon their record with me. When the newbies buy bid packs, it’s all free money in their pockets. Why give up on something like that unless they are made to. Up to this point they are still in business and have been for over 3 years and the business practice has worked so far. It’s time for the government to become involved in the internet auction business and put some muscle and rules behind the industry to regulate unfair practices. Not getting your wins seems highly unfair to me and all the others out there.. So contact your Government officials. Don’t forget to contact the Federal Trade Commission too!

  • Joe July 16, 2012, 12:50 am

    Yes… Everyone is right… I am one of those pigs that lost a lot of money from them… Not much I can do but pay a fukin lawyer for this… not really… It’s gone and it’s all our fault for believing that a hole in the first place… Screw them guy’s.. Don’t bother.. move on!!!!

  • Kenny August 6, 2012, 5:20 pm

    I have won a lot of items from them. I have received some including an Apple TV, gift cards, ipad portfolio, and several other items, but there are still many that I have not. As much as I think they are jerking us, I’m still sitting on my hands because of the possibility of receiving the items. My hopes are waning, but its at the point where I am better off hoping they “secure the funds” than to join a class act lawsuit that will get me nothing. It just plain sucks that they are doing this to its clients.

  • Marc August 18, 2012, 4:16 pm

    I am one of the top prolific bidders and have not received a single payment or item. Please contact to support and start the class action lawsuit.

  • Marc August 18, 2012, 4:26 pm

    That aol email account does not work…???

  • shakalaka November 4, 2012, 9:54 pm

    i have won atleast 90 item during this 2 years but didn`t get any of them delivery to my house yet.

  • paul October 8, 2013, 2:11 pm

    I received a couple things I won at the beginning and so trusted the scamming pigs but just writting them off and take my loses. If there is a suite put me on it, they owe me approx $15,000.00

  • Tamar October 8, 2013, 5:26 pm

    Is this still going on? I tried to send an email to the address listed above but it seems to not be working.

  • Donna February 24, 2014, 3:21 pm

    I am waiting on 6 items from them. 2 of which are ipads. I haven’t received them in over 2 years. Made several calls and e-mails. Now, site is down. Turned them into the BBB, but they did nothing.


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