EBay Sued for Allowing Sale of 343,000 Emissions Defeat Devices, Could Owe $1.9 Billion

The times of sourcing certain cheap aftermarket parts on eBay could be coming to an end. The Department of Justice (DOJ) recently pressed charges against eBay for allegedly selling 343,011 aftermarket emissions defeat devices, plus other products that violate the Clean Air Act. The e-commerce giant is facing billions of dollars in fines, but reportedly plans to defend itself, stating that the lawsuit is “entirely unprecedented,” and that it maintains “a safe and trusted marketplace.”

The billions in fines would include up to $5,580 for each Clean Air Act violation that sold on the platform. Items like aftermarket exhausts, intake manifolds, ECU tuners, or any other car parts that modify a vehicle’s factory emissions systems are on the naughty list.

Environmental Protection Agency (EPA) began cracking down on emissions defeat device sales since early-2020 after finding several aftermarket parts companies in violation of the Clean Air Act (CAA). In a statement regarding one of the several investigations, the EPA’s assistant administrator for enforcement and compliance assurance said, “The EPA will vigorously pursue and prosecute companies who attempt to circumvent emission controls that are required to reduce air pollution.”

According to an article on EPA.gov, “Title II of the Clean Air Act (CAA) authorizes the EPA to set standards applicable to emissions from a variety of vehicles and engines. Required emission controls often include filters and catalysts installed in the vehicle’s or engine’s exhaust system, as well as calibrations that manage fueling strategy and other operations in the engine itself. The CAA prohibits tampering with emissions controls, as well as manufacturing, selling, and installing aftermarket devices intended to defeat those controls.”

Last year, eBay claimed to have banned the sale of such aftermarket parts, but it seems as though it has not maintained moderating its listings. In response to the latest lawsuit, eBay says that it is removing and blocking “more than 99.9%” of the listings cited by the DOJ.

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