DOJ sues eBay for selling ‘rolling coal’ devices; fines could hit $2 billion
stopthatgirl7@kbin.social to 
cnbc.com
Rolling coal is the practice of tampering with a vehicle's emissions control system, causing it to spew black clouds of sooty exhaust.
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so, you are right and wrong, due to the structure of the American legal system those DIRECT at fault are fines/sued first, then they are supposed to turn around and file a suit for damages against the next party down the line, so eBay should sue the seller.
same thing in motor vehicle incidents, if a car A and B are waiting in traffic and car C rearends car B to the point it hits car A, the man in car A is supposed to sue the guy in car B who then sues the guy in car C for damages