eBay

brain-wagon · ‎05-16-2019

I just received a message from Quincy Bioscience LLC, the mfg of Prevagen. In short, they are accusing myself and others of illegal activity by selling their product on Ebay below retail cost. They demanded that I remove all active postings or they will proceed with legal action. I have not yet responded to their request, but I will say this to my ebay community...I was a fan of Ebay long before I was a seller. I feel as though Qunicy and others are attempting to destroy the culture of our platform. If we allow that to happen, then one day Ebay will look a lot like Amazon. I have some research to do and will be reaching out to my attorney, but would love to hear what my ebay family thinks about big business attempting to cut our profits?

equid0x · ‎05-16-2019

@brain-wagon wrote:
We are Quincy Bioscience, LLC, the makers of Prevagen® brand dietary supplements and the owners of U.S. Trademark No. 3,349,744 for PREVAGEN. We have observed that you are selling multiple units of Prevagen® supplements at a price substantially below the product's fair market value, creating strong reason to suspect that the products you are selling were either at one time shoplifted from one or more of our retail partners or, alternatively, are counterfeit goods packaged to appear genuine. Our investigation of online sales fraud has shown this to be the case for the vast majority of products sold by unauthorized sellers. Your below-market selling price is even more striking given that you are also incurring shipping costs and eBay's commission fees, while still making a profit on the transaction. The clear inference is that you acquired the products at such a low cost and under circumstances which you realized the goods were likely stolen or inauthentic, or at a minimum required you to make reasonable inquiry as to whether your source held legal title. Sales of such products unjustly enrich the ultimate seller at the expense of Quincy and its authorized retail partners.

The sale of these products may violate other laws, including laws relating to trademark infringement and false advertising.

Our focus is on removing stolen and/or counterfeit products from the market. Quincy will not pursue this matter further if you remove your listing within 24 hours of receipt of this message. If you believe that the products in the listing are authentic and legitimately sourced, provide us with the following information: 1) the number/letter codes appearing on the bottom of the outer package boxes, 2) the source of the products, 3) the price you paid for the products and 4) invoices/receipts relating to their purchase. If you have any questions respond to this message or contact Mr. Dakota Miller, Director of Loss Control Investigations at Quincy Bioscience.

Don't provide them any information. They're phishing. They can't file any lawsuits on nebulous terms like "we think" and "based on our experience." They're going to have to have real solid evidence that you are actually selling stolen or counterfeit product.

If you want to be a real ... you know what ... you can send them a letter back saying you'd like them to provide to you their evidence of your illegal activity and that they have 30 days to respond, and that if you receive no response, you are asking them to cease and desist their fraudulent activities in accordance with FTC regulations. Of course, I am not a lawyer, so take what I say with a grain of sale and contact a lawyer for real advise.

myjunqueyourtreasure · ‎05-16-2019

Tell them the stuff didn't work so you're selling it and you don't remember where you got it. = )

Reality is the leading cause of stress.

imogenes*prettiest · ‎05-16-2019

In my opinion, your product is garbage. Your company shipped my elderly mother so many bottles that you helped drain her savings. When she died, I threw away at least 20 bottles. Quit preying on the elderly. 😡😡😡😡😡😡😡

a_c_green · ‎05-16-2019

@imogenes*prettiest wrote:
In my opinion, your product is garbage. Your company shipped my elderly mother so many bottles that you helped drain her savings.

How did they manage that? Was it a multi-level marketing scam?

sapphireseal · ‎05-16-2019

I agree that they can't just "think" that you are stealing and take that to court.

That said, the product your selling is snake oil, and possibly actively harmful to people. It's your life, but personally I would never peddle that junk.

18704d · ‎05-16-2019

"We have observed that you are selling multiple units of Prevagen® supplements at a price substantially below the product's fair market value, creating strong reason to suspect that the products you are selling were either at one time shoplifted from one or more of our retail partners or, alternatively, are counterfeit goods packaged to appear genuine. "

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Raise your prices to 90% of retail pricing.

Only if: you have No MAP agreement with them.

And: if your products really Are authentic.

And then.

Yes. You Can Be Sued By Them.

(in fact, anyone can file Any lawsuit for Any true-or-false reason)

They may be Wrong if they sue you.

They may Lose.

But .. they Know .. they can Outspend you...

perhaps even bankrupt the normal good person with legal bills.

It's a new trend.

Intimidation by Big Companies who WILL use their economy's of scale.

(that means they have no problem spending tens of thousands, to shut down hundreds of small sellers).

Or frankly .. they may have Contracted this type of lawsuit Out ..

to Other Legal Firms who want .. a nice, Easy Commission..

by filing suits... and reaping the free (to them) benefits of sellers like yourself...

who find it easier to pay out (thousands?) in a Settlement (no reseller guilt admitted) ...

Because they know.. that average reseller .. can't risk long battles in federal court.

If you wish to keep selling these

Weigh the Reward (total units you own times profit.. you know)

Against the Risk of .. a 5000 dollar (or more?) retainer to an attorney..

who will then expect 400- 600 dollars an hour... to 'prove' you're not selling fake product.

As always, Only Take Advice from An Attorney on such matters.

My best,

Lynn

Lynn

You love me for everything you hate me for

.

18704d · ‎05-16-2019

"I agree that they can't just "think" that you are stealing and take that to court"

---------

Yes they can.

Lynn

Lynn

You love me for everything you hate me for

.

equid0x · ‎05-16-2019

@18704d wrote:
"I agree that they can't just "think" that you are stealing and take that to court"
---------

Yes they can.

Lynn

If there is no basis for the suit, its going to get thrown out right away. The suing company is taking a big risk, because if it does get thrown out then the defendant is almost certain to file a suit of their own which they will win big.

I agree that anyone can sue for anything. You don't necessarily have to retain a lawyer for every suit, no matter how much all the police/court dramas and infomercials would have you believe so. If the suit really has no basis, you can go to court and explain to the judge that it has no basis. If the court proceeds to hear the case they are going to (and are required by law, to) give you an opportunity to obtain legal counsel.

div_style · ‎05-16-2019

No comment about your dispute with the manufacturer, but a comment about the product.

From what I have read, Prevagen research has shown improvement for folks who have suffered some loss of brain function, but does NOTHING for folks who have not. People with perfectly good brain function who buy Prevagen are wasting their money. Their commercials on TV are very misleading. Not unusual for drug companies.

List more, sell more. Goodwill that other, uh, stuff.

Feeling sleepy? There's an app for that.