Wronfully restricted by ebay for selling what is in fact a 49 state US EPA compliant device

[harleypicker]

I have been wrongly restricted on eBay for being accused of selling a non-compliant EPA device on eBay. The listing has been terminated and my 370 listings are being restricted from buyers finding them during searches. The device is Harley Davidson Part# 41001141. A quick search on google shows this device for sale for $449 On the Harley-Davidson website with the description reading "49 state US EPA compliant."  Ebay provides absolutely no forum or no way to submit information regarding a restriction anywhere on their website.  Ebay literally gets to accuse a seller of anything they think is non-compliant and restrict that seller and the seller has ABSOLUELY NO VOICE or no recourse for action but to "sit and wait" while the buyer continues to lose money every day.

[mam98031]

This is their site and they have the right to say what can and can't be sold here.  While that can seem harsh sometimes, Ebay has some legal reasons for doing this.  The DOJ is currently suing Ebay for allowing certain things to be sold on the site, so Ebay has to be careful.

IDK if you will find what you are trying to sell in this policy, but it is a good policy to have handy.

Prohibited items

You are correct, the Ebay Community Forums is not the place to try and get this problem resolved as it is a member to member forum.  Which is what they have always intended it to be, so it is as designed.

I would suggest that you contact Ebay for Business on Facebook, Instagram or Twitter for the better trained CSRs.

Here are your options for contacting Ebay Customer Service.  Please be aware that for social media CS, you send them a Private Message and briefly explain what your problem or issue is.  Feel free to leave your Name, address, phone number and/or your email address in this message.  It is private and secure and it may help to speed up the response for you.

https://twitter.com/askebay

https://www.facebook.com/eBay/

https://www.instagram.com/ebayforsellers/

Your options will be on the left.  If you use the link below you can only get to the Automated Assistant or Chat box type AGENT in the box and hit enter. You will then get more options.  Not all options are available 24/7.  It will depend on staffing available.  So sometimes you can request a call back and sometimes you can't.  Sometimes you have the Chat option available and other times it won't me.  If it is important to you to use one of those options, just try back later.

If you use a cell phone or other mobile device, you may need to turn off your Spam filter so that Ebay can call you.

If you are a seller outside of the US or Canada, you will need to use the Chat Option.

https://www.ebay.com/help/home

I hope everything works out for you.

[slippinjimmy]

49 States but not legal in 1 (Calfornia?) Right  or wrong there is no way on Ebay  to block by State thus Ebay blocks all 50.

Just explaining why Ebay may have decided to ban. Especially epa/do related matters.

[fashunu4eeuh]

Hi @harleypicker sorry for your frustrations.

Although the reference name of the policy you violated has to do with non-compliant EPA devices, if you review the actual wording in the policy you will see that the part in question, a tuner that modifies performance, is not allowed to be listed or sold on eBay—be it compliant or non-compliant. That is why your listing was pulled. Below is the link to the specific policy. 

https://www.ebay.com/help/policies/prohibited-restricted-items/emissions-control-defeat-devices-poli...

[stephenmorgan]

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@harleypicker wrote:

I have been wrongly restricted on eBay for being accused of selling a non-compliant EPA device on eBay. 

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eBay was recently accused for the second time by the EPA of allowing non-compliant EPA devices to be sold on their website.

They are facing significate fines so I could understand them not allowing any devices that may be even close to a non-compliant EPA device.

https://www.msn.com/en-us/money/companies/ebay-faces-up-to-2-billion-in-fines-over-rolling-coal-devi...

[inhawaii]

You can never be "wrongly" restricted by ebay.

This is ebay's site, They make the rules.

They decide what can and can't be sold here.

[skatefool]

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@fashunu4eeuh wrote:

Hi @harleypicker sorry for your frustrations.

Although the reference name of the policy you violated has to do with non-compliant EPA devices, if you review the actual wording in the policy you will see that the part in question, a tuner that modifies performance, is not allowed to be listed or sold on eBay—be it compliant or non-compliant. That is why your listing was pulled. Below is the link to the specific policy. 

https://www.ebay.com/help/policies/prohibited-restricted-items/emissions-control-defeat-devices-poli...

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...Except that the part in question is OEM, not aftermarket.

[dwise3671]

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@stephenmorgan wrote:

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@harleypicker wrote:

I have been wrongly restricted on eBay for being accused of selling a non-compliant EPA device on eBay. 

---

eBay was recently accused for the second time by the EPA of allowing non-compliant EPA devices to be sold on their website.

They are facing significate fines so I could understand them not allowing any devices that may be even close to a non-compliant EPA device.

https://www.msn.com/en-us/money/companies/ebay-faces-up-to-2-billion-in-fines-over-rolling-coal-devi...

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You can actually find news articles dating back to the early 2000s. eBay seems to have been very lax for a very long time. Of course now it’s more serious, as they are actually being held accountable this time. 

[redlinear]

@harleypicker , you have another account or did they suspend this one due to you listing a tuner?

[redlinear]

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@inhawaii wrote:

You can never be "wrongly" restricted by ebay.

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Ya think?
  "I would like to inform you that due to increase in request of policy updates, reports on account being compromised and other policy issues such as Item Location policy and basic listing practices. eBay has initiated a review on our member's account and this was the only reason why the account got restricted. We are open to changes for the better experience of our members which is why we are doing a collective review which would help us in analyzing any issues faced by our members better. You need not worry, your account will be in good standing very soon as the 1 day restriction was placed yesterday."

[fashunu4eeuh]

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@skatefool wrote:

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@fashunu4eeuh wrote:

Hi @harleypicker sorry for your frustrations.

Although the reference name of the policy you violated has to do with non-compliant EPA devices, if you review the actual wording in the policy you will see that the part in question, a tuner that modifies performance, is not allowed to be listed or sold on eBay—be it compliant or non-compliant. That is why your listing was pulled. Below is the link to the specific policy. 

https://www.ebay.com/help/policies/prohibited-restricted-items/emissions-control-defeat-devices-poli...

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...Except that the part in question is OEM, not aftermarket.

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Automotive is out of my area of expertise, but looking at both the governmental and eBay policies referenced, the kind of device—OEM or Aftermarket—may make a difference to the government’s rules, but not to eBay’s. On eBay, the policy states that any tuner (that modifies performance) is not allowed apparently, be it OEM or Aftermarket.

[mam98031]

@harleypicker 

Keep in mind that Ebay is telling you that you can not sell these items, so you are restricted from selling them.  

If you are trying to find a way around their decision so you can list the items, you will risk a permanent Suspension from the site and you won't be able to sell here at all.