Account restricted for 3 days due to alleged counterfeit item

[bonfire_25]

I sell designer clothes and accessories and everything I sell is authentic and I have the receipts for them. Recently I received two emails saying that items removed because they are thought to be counterfeit. I contacted eBay and told them that I had receipts and can present them. eBay replied: we can't know.

Today I received an email saying my account is restricted because another item is counterfeit, which again is not. It is very strange that there is no appeal option, no way to present my case or prove otherwise. This is like them putting you in prison for stealing without any trial.

I have lamost 3300 positive feedback on eBay. Not a single negative feedback accusing me of selling fakes and lots of recent positive feedback telling that what they bought is authentic.

What am I supposed to do? I fear that after this 3 day period , I will be hit again for some random item and penalties will be worse.

[gracieallen01]

Well, it would be best, whether the items are genuine or not, to not relist them.  They are on the radar now and so are you and they will not go unnoticed, which could eventually lead indefinite suspension.  If a competitor or other person reported them, the 'bots took them down and the 'bots have no 'court of appeals'.  If the 'bots 'found' them, there is even less of a chance for a reasonable verdict in your favor..

[Anonymous]

File a lawsuit against Ebay for defamation of character and slander.  Selling counterfeit items in the USA is a violation of US copyright law, therefor accusing you of commiting a crime when you didn't is defamation of character and slander.    Section 230 does not give an online company the right to falsely accuse you of crimes you didn't commit. 

[toysaver]

I contacted eBay and told them that I had receipts and can present them

Receipts are easier to counterfeit than the ietms in question.  Takes a minute or 2 with the right software.  Don't relist the item or you'll risk permanent suspension.  EBay was not the one who removed the listing, it was VERO, whoever owns the rights to manufacture and sell the item in question.  Even if you have 'legitimate' receipts they can be counterfeit or designer seconds especially if sold at discount stores like Nordstram Rack or Saks OFF 5th.  

[downunder-61]

Is it just me, or has there been an upturn in these threads of reported for counterfeit lately?

Maybe someone on a mission?? 

[fab_finds4u]

Why are you telling them to sue eBay? The user agreement you signed when you join eBay  says you agree you can't do what you're telling the OP to do.  

If a VeRO member suspects they're counterfeit eBay will remove them. You did not know that?

[m60driver]

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@fab_finds4u wrote:

If a VeRO member suspects they're counterfeit eBay will remove them. You did not know that?

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I recently had a listing removed due to a false claim of the item being counterfeit by a company that is not listed as a VeRO member.  I also recently received a threatening letter from a company, also not a listed VERO member, claiming I had no right to sell their product.  I responded that the "first-sale doctrine" gave me the right to resell any item that I had legally purchased and until the Supreme Court reverses that first-sale doctrine that I would continue to resell anything that had been legally purchased.

Then again, when Ebay takes down a listing, regardless of the validity of the reason, I do not relist the item.

[donsdetour]

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html 

some were on the page is a place to appeal such.

oh and to eBay , VERO is god....

[gracieallen01]

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@donsdetour wrote:

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html 

some were on the page is a place to appeal such.

oh and to eBay , VERO is god....

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@donsdetour 

😁  Gee, and here I figured ebay thought it was god and vero just the 'enforcer'.

[caldreamer]

Even if you sell "authentic items" many high end fashion brands require you to be "authorized distributor" of their products.    Could be manufacturer complaining to EBAY.

If they remove your items...do NOT relist them....this will cause your account to get permanently suspended.  

Your account will be watched closely by EBAY bots.   Unfortunately, EBAY never tells anyone what they are looking for.

[sextons-sweet-deals]

do you enter the UPC code in your listings? 

Seems like is was about 15 or 16 years ago, eBay worked with name brand companies employees in identifying fakes or listings in question. One of the results was requiring the UPC code.

eBay stopped / questioned some of my listings for Columbia sweatshirts.

[m60driver]

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@caldreamer wrote:

Even if you sell "authentic items" many high end fashion brands require you to be "authorized distributor" of their products.    Could be manufacturer complaining to EBAY.

And that is all it is, a complaint.  Companies can restrict to whom they sell at wholesale but they can't restrict who sells their product that has been legally purchased elsewhere.  Costco, the king of diversion, brought this to court many years ago and prevailed.

[eazyonlineshopping]

My account got blocked for 3 days for suspected counterfeit. 

I have spoken to 3 agents trying to learn what was wrong, and none of them could help and none wanted to explain how to escalate this issue.

I just wanted to know how to prevent this from happening again, but they left me in the dark.

So, its anybodies luck now, am I going to get blocked again (by listing any other item, obviously I am never going to list the same one)

Is it worthwile investing time in developing a business based on eBay as a selling platform?

[dhbookds]

Post the message about counterfeit item........that will help us figure out if it's a Vero takedown or Ebay

[eazyonlineshopping]

Your account has been restricted because activity on it didn't follow our Counterfeit item policy. We don’t allow counterfeit items, replicas, or unauthorized copies.

What activity didn't follow the policy

More specific details are provided below.

What you need to do next

Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.

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How this affects your account

Because you haven't followed this policy in the past:
 
- Listings that don't follow this policy have been ended.  
- A temporary 3-day selling restriction has been placed on your account (starting on the date of this notice), and your other listings will be hidden from search during this period.  Listings will automatically be restored and show up in search results after the end of the temporary restriction.
- All fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account. 
 
Listings that don't follow this policy in the future will result in similar actions, including a 7-day restriction on your account. 

Why we have this policy

This policy prevents the sale of counterfeit items, which are illegal, and could expose sellers to legal risk. Removing them protects sellers and their buyers from buyer protection claims and financial loss.

Listings not following policy

255210022993 - Silk SCARF Women Luxury Scarves 2021 New Designer Large Long Shawl Wraps Bandana

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