Counterfeit Items & EBay Protecting Sellers NOT Buyers/Victim
Summary: bigegg1984 shared their negative experience with purchasing counterfeit items from a large eBay seller, involving multiple orders. They detailed their frustration with eBay's process for handling counterfeit goods, which requires returning items before refunds are issued, potentially allowing fake items to be resold. bigegg1984 expressed disappointment with the inconsistent information provided by customer service, including a lack of awareness of an exception process for counterfeit items that doesn't require returns. They criticize eBay's policies as favoring sellers over buyers, creating a system where counterfeit goods are not effectively managed or prevented.
I’ve recently experienced my first counterfeit item purchase from a massive eBay seller. This was a total of 7 auctions (3 orders). At this point in time I’ve received 6/6 items and all are counterfeit. These were auctions for a single items that end after a specific timeframe. In complete shock and not aware of proper steps I spoke to ebay Customer service.. get your popcorn ready..
When speaking to Customer Service (multiple agents and team leads), about not receiving real items as pictured in listing, I was informed that the ONLY process for counterfeits was to file a return and report the seller and no refund would be issued until return is delivered. (So ebay allows fake items to go back to seller and be resold) I tried to inform on how this has impacted my holidays and financial situation and they suggested there is nothing further than can be done they can’t step in until after 12/16 (seller protection period of 3 B days). I’ve now followed up on 12/16 and was informed that eBay only steps in if return was not accepted and that seller still has up to 2 b days after delivery to process refund where I will wait another 3-5 b days for it to hit account. Additionally this today supervisor was informed on an exception process that none of the others were, I was informed that legally in the US you don’t have to return counterfeits and that if reported listing is verified as fake a refund could be immediately processed. I was very frustrated I was just now finding this out after being told to initiate return on 6 fake cases and now it was too late to refund even though eBay has approved reports and removed listing due to counterfeit. And to top it off, when I was pressing the supervisor about this policy, I was told that its buyers responsibility to be informed on policy and when I suggested how do you expect buyers to be informed when your agents and other supervisors ain’t, and I was then called a LIAR! (He suggested he didn’t say buyer was responsible to know policy)
BE AWARE eBay counterfeit policy in my experience, is only there to create loop holes for sellers to sell fakes. When a fake is received they will only tell you to return it even though you’re not legally obligated too and you will be without items and your money for 2-3 weeks while they give you a “standard policy†workaround. I’ve reported new auctions from this seller that will likely result in the same situation and eBay has denied the report (stating I haven’t purchased from that listing). It seems they are working the system until someone that don’t know better ends up with the items.
EBAY PROTECT YOUR BUYERS!
dolcetreasures
·1 month ago · EditedThe counterfeit problem on eBay is huge, I’ve never seen it this bad. It’s basically a dumping ground for unscrupulous sellers buying fake(decent quality) luxury goods on(DHGate, AliExpress) and flipping them here. Those of us selling authentic, cannot compete.
ryry-jj
·1 month ago · EditedJust file the INAD within ebay's 30 day MBG window. Too many INAD againts a seller will add up and eBay will take action.
There is no special attention to your case, calling customer service to think you will get special attention or action is just a waste of time ...I'm not getting any pop corn as I have seen this movie way too many times, and buyers screwing themselves out of refunds by not taking the proper action within the proper time frame
inhawaii
·1 month ago · EditedSimple.
Return them for a refund.
All buyers are covered by ebay's money back guarantee.
soh.maryl
·1 month agoHard to follow, but need to ask: why not invoke the MBG and just open NAD cases?
soh.maryl
·1 month agoSIX MONTHS AGO?
ryry-jj
·1 month agoHopefully buyers can read these cases over and over again to be aware of what needs to be done in these situations and not just go rogue and think "I'll call someone, they'll fix it for me!"
micti_4631
·1 month agofairly new to eBay so not sure why eBay goes so far to accommodate sellers. If someone sells an item that doesn’t match what was advertised and you review it, tell the truth, eBay will just remove it when the seller complains about your “negative” review. They don’t care about the negative product(s) being sold on their site. Are they that desperate for profits that they willingly turn a blind eye to crap sold on their site being listed as “authentic” or “high quality”?
jerseyboymusic
·8 months ago@bigegg1984
I haven't read through all five pages, but just open an INAD and return! In your negative feedback to the seller... CLEARLY indicate they are selling counterfeits items.
44012
·8 months agoI have not been through a fake item / switched item purchase.
In my 20 years I have wanted to buy a few really nice expensive brand items that were being offered.
I checked feedback and as soon as I saw one negative regarding FAKE I decided not to buy.
Does your seller have perfect feedback?
What do those negatives say if any?
A seller can sell 100,000 items and have 2,000 negatives.
I see that and I buy from someone else.
Probably why this has never happened to me.
If it did I would file an item not as described due to fake and send it back. And I would be irritated as well.
onlinecentral
·8 months agoVerified Rights Owner (VeRO) policy
https://www.ebay.com/help/policies/listing-policies/selling-policies/vero-policy?id=4349&st=3&pos=1&query=Verified%20Rights%20Owner%20(VeRO)%20policy&intent=VeRO&lucenceai=lucenceai&docId=HELP1276
What is the policy?
Intellectual property rights owners
Only intellectual property rights owners can report eBay listings that infringe on their copyright, trademark, or other intellectual property rights.
Not the rights owner
Members who are not the rights owner can still help by getting in touch with the owner and encouraging them to contact us.
eBay will not make your 'counterfeit' claim a priority because you are not a stakeholder in the intellectual property. Just a bystander.
Furthermore, eBay will not circumvent their clearly defined policies and procedures about returns for you.
bigegg1984
OP8 months agoDiabolical that they have policy that specifically prevents escalating/prioritizing issues where buyers receive fake items.
soh.maryl
·7 months agoHow does this situation involve VERO?
onlinecentral
·7 months agoHow does this situation involve VeRO?
eBay will not give the OP's counterfeit accusation the top priority because the OP is not the intellectual property rights owner.
soh.maryl
·7 months agoIn this case, the OP is the BUYER, not the SELLER. As far as I can tell, his/her complaint is that they received counterfeit merchandise. Intellectual property rights do not seem to be involved here. If you feel that they are, can you explain further?
soh.maryl
·7 months agoIf/when a buyer receives something that's counterfeit, regardless of whether or not that buyer is the intellectual rights owner, that buyer can open an item not as described claim, and eBay does not require that he be the intellectual rights owner in order to get the buyer a refund.
Not sure what you are talking about exactly.
onlinecentral
·7 months agoWhen an Intellectual Property Rights Owner files a counterfeit complaint, they can get a more vigorous response from eBay than an average buyer would get.
a) Listings can be ended
b) Restrictions on seller's account
c) Suspension of seller's account
The OP is not eligible for any of those remedies because they are not the Rights Holder. They mistakenly think they are entitled to an imaginary policy:
d) An instant refund without returning the merchandise.
ten_o_nine
·8 months agoWhen a buyer claims an item received was fake, eBay requires the seller to accept the return and issue a full refund, including original and return shipping costs. The buyer can initiate this process by opening a "return request" for an item that "doesn't match the description" (Significantly Not As Described - SNAD).
Buyer Actions and Protections
Initiate a Return: The buyer should go to their purchase history and select the option to return the item, citing the reason that it is a counterfeit/fake.
eBay Money Back Guarantee: This guarantee supersedes any seller's "no returns" policy in cases of counterfeit claims. Buyers are entitled to a full refund if the item is proven fake. The claim window for eBay is generally 30 days after the actual delivery date.
Proof of Authenticity: In standard cases, the buyer may be required to return the item to the seller.
Items with Authenticity Guarantee: For certain high-value items (sneakers, watches, handbags, trading cards) covered by eBay's Authenticity Guarantee program, the process is slightly different. The item is sent to professional authenticators first. If a return is initiated, the item is sent back to the authentication facility to verify it is the same item/condition sent to the buyer.
caldreamer
·8 months agoIf EBAY gave instant refund just by saying magic words "counterfeit" Sellers would be flooded with scammers around the world trying to get "free merchandise". This is why EBAY 30-Day Guarantee requires that customers "return item" for a refund.
bigegg1984
OP8 months agoI didn’t just say “this is counterfeit†I provided clear photos straight from package with the label where it came from.
dnasilver
·8 months agoHow does eBay know your photos are of the items sent? If someone is selling counterfeit items, why are you not getting law enforcement involved? Either return the item to get refunded or prove to law enforcement that the item(s) are counterfeits. Depending on what the items are, does make a difference. If it is currency or coinage (US Monies) then the Secret Service should be involved.
soh.maryl
·8 months agoLaw enforcement? What happened to just opening an item not as described case with eBay?
Also saw a recommendation of contacting the Attorney General.
powell-collectibles
·8 months agoMe, I’d probably give them to the authorities and figure out a way to get a refund. I wouldn’t want the seller to dupe another customer, and I do want my money back.
Reminds me of a purchase where I received a counterfeit Lego Titanic. Obviously not Lego, and obvious that the seller knew he was selling fakes. I returned the item, but I made it effectively worthless to the seller.
dhbookds
·8 months agoThe seller has to pay for the return............that imposes a financial cost to the seller which, if it happens enough, should be hurt him.
What are the items........general category, if you don't want to name specifics........
kensgiftshop
·8 months agoLooks like they are.
You're returning the items for a refund.
lb23cavaliersmvp
·8 months agoIf not already stated the problem is you claim that they are fake but that claim can't be verified because no one knows what you were sent or are planning to return. Accordingly, return the items, at the seller's expense, and you will be refunded. If the seller refuses to accept the return you will get to keep the items and will be refunded.
mr.emk
·8 months agoHave you left appropriate feedback? When you do that, those of us who are curious can check out the seller and items to see for ourselves. Did you open an item, not as described?
bigegg1984
OP8 months agoI’ve followed every avenue there is for reporting, seller and listing. eBay even approved the counterfeit report and removed the listing (which if return wasn’t started as eBay stated) which then qualifies for full refund without needing to return fakes.
soh.maryl
·8 months agoeBay's Money Back Guarantee for buyers is very good if/when the buyer follows the proper procedure within the 30 day time frame. I am sorry you didn't know that. It's basically the only way to be refunded when a buyer receives an item that is not as described.
bigegg1984
OP8 months agoThey standard buyer protection is working the problem is they are putting victims through standard process for things to be made right. An immediate refund after reporting and reviewing the actual fake evidence should be sufficient for an instant refund.
kensgiftshop
·8 months agoSorry, but the process is the same, whether you receive a fake, wrong or damaged item.
Who is qualified to review the evidence the buyer provides to know if the item is fake or not?
They won't just take the buyers word that it's fake.
If they did, buyers would just claim fake items and get a refund while keeping the items.
soh.maryl
·7 months agoIf buyers were not required to return counterfeit or NAD items, how much do you estimate the number of return requests would increase, a hundredfold?
bonanza125
·8 months ago"I was informed that legally in the US you don’t have to return counterfeits and that if reported listing is verified as fake a refund could be immediately processed."
Ebay has a policy which they explained to you clearly. You are required to return the counterfeit items to the seller and then you will be issued a refund. Ebay agents are not an expert on counterfeits. It is up to you to do the research, report counterfeits and if you receive a counterfeit which you did then return it. You are putting way too much energy and time into this. Return the items within 30 days. If you don't then your 30 day money back guarantee will expire. Whoever told you that legally you don't have to return counterfeits and fake refunds would be processed has misinformed you.
bigegg1984
OP8 months agoIn the US you are not legally obligated to return cakes. eBay also has policy to report listing and if verified fake can issue an instant refund. The only process is not just to go through a return
albertabrightalberta
·8 months agoWhether thats accurate or not, I can't say. But there was a time when ebay didn't require the return of items claimed to be fake and buyers quickly learned that they can claim fake (even if an item is authentic), get a refund and keep the free genuine item.
So ebay allows the seller to pay for the return if that's the seller's choice. And if you want a refund, you need to play by ebay's rules.
bigegg1984
OP8 months agoYour failing to mention the policy to report listing, await judgement and get instant refund. Which eBay also doesn’t care to talk about to its buyers to help them get a quicker refund when they have photo evidence of fake items.
albertabrightalberta
·8 months agoPlease post the policy that SPECIFICALLY states that buyers get an instant refund for a counterfeit item and doesn't have to return the item.
kensgiftshop
·8 months agoI would like to see that policy also.
tinsoldierunderground
·8 months agoSame here, me too.
bigegg1984
OP8 months agohttps://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?id=4210#section4
Please review the strong indicators of counterfeit items. I have strong photo evidence of the fakes and have provided everywhere possible for eBay to take appropriate action.
lacemaker3
·8 months ago@bigegg1984, @albertabrightalberta, @kensgiftshop, @tinsoldierunderground,
Here's the policy (below), but it clearly says "may not be required to ship the item back", not "will not be required ...". Whether or not the item is to be returned is eBay's decision, at eBay's discretion.
In this situation, even with the aforementioned "strong indicators", eBay's decision was that the items must be returned. I have never heard of them not requiring a return just because the buyer said the items were counterfeit. There is way too much potential for fraud there. And eBay doesn't want to have to give a courtesy refund to the seller because they didn't get their items back.
Some of the other reasons for not requiring a return are more amenable to eBay being able to make a fair decision, depending on the type of item that was sold.
dnasilver
·8 months agoSo you keep the supposed fake, get refunded and then sell it yourself? Why are you not turning this over to the Attorney General?
soh.maryl
·8 months agoWhy should it be turned over to the Attorney General? State AG? Federal AG?
Color me stupid, I don't understand.
bonanza125
·8 months agoThat's only if your payment source or platform grants that to you. If you want to go with the thought of "I don't have to return this item give me a full refund" then good luck. Seller has no obligation to refund you without product in hand. Yes Ebay has a policy to report the listing. Good luck with anything coming out of that as well. We are here to advise you to make it easier on yourself to get your money back. If you want to make it hard and fight this out good luck. You sound like you already have a plan of action. Folks here follow Ebay policy and know the harsh reality of what really happens and doesn't happen. Just because something is against the law doesn't means action will be taken place.
digital-age_deals
·7 months agothen everyone would say their item was fake and keep it.
eburtonlab
·8 months agoCounterfeit items are not allowed to be listed on eBay at all. No one is authorized to sell counterfeit items. That fact alone does not stop some people from trying to sell them, however.
The problem is that unscrupulous or uninformed sellers can list genuine items and then deliver counterfeit items.
It is not always possible to look at a listing and know in advance exactly what, if anything, the seller intends to deliver. For one thing, a scammer can simply copy a listing from a genuine seller, using a genuine photo of a genuine item.
Except for a few specific categories of items that go through authentication, eBay never sees what the seller ships or the what the buyer receives, so there is nothing for eBay to check unless someone complains about what was received by invoking eBay's money back guarantee.
Sellers are responsible for the descriptions they provide, and buyers should not assume that eBay screens the listings in advance.
As long as counterfeits exist and there are folks trying to sell them, buyers will still have to be on the lookout for them, and avoid deals that are obviously too-good-to-be-true, whether they are being sold by accounts registered overseas or by domestic sellers wittingly or unwittingly buying counterfeits from overseas to sell here.
Buyers that doubt their ability to distinguish a genuine article from a counterfeit one should only consider purchasing from trustworthy sellers that have an established reputation for delivering exactly what was described, and should avoid deals that are too-good-to-be-true, or deals that are offered by inexperienced sellers that might disappear soon after the transaction is made, or else be prepared to get items authenticated by trusted sources within thirty days to be able to take advantage of eBay's money back guarantee.
bigegg1984
OP8 months agoThat’s what is funny, these are “stock pictures†of real items which aren’t what is being sent. Also this is a massive reputable seller on the platform (5million+ items sold) so fair to say buyer should be able to purchase with confidence.
albertabrightalberta
·8 months agoWhy would you buy from a listing with stock images if you know the brand/item is one that is highly faked? Buy from sellers who take the time to photograph show actual pictures of the items in their possession.
bigegg1984
OP8 months agoDid you read the article and responses? This is a highly reputable seller with good reviews and millions of items sold.
eburtonlab
·8 months agoThat’s what is funny, these are “stock pictures†of real items which aren’t what is being sent. Also this is a massive reputable seller on the platform (5million+ items sold) so fair to say buyer should be able to purchase with confidence.
Perhaps the seller is drop-shipping and chose a new supplier -- poorly.
so fair to say buyer should be able to purchase with confidence.
Buyers can purchase with confidence that if they receive an item that is not described they can return it at the seller's expense for a full refund.
bigegg1984
OP8 months agoThe problem is eBay is leaving open this loop hole for buyers to continue to get fakes and have money held hostage while sending back the fakes to be resold by the seller.
stuff4divas
·8 months ago@bigegg1984 if they are 'stock' photos only, then they are not the 'real' items being sold
stand alone stock photos are always suspicious
there should be photos of the 'actual' item in conjunction with the stock photos
with 5M items sold, there had to be several neg feedbacks with complaints of counterfeit items
rugerskick
·8 months agoIf they are doing this regularly, other buyers would have left negative comments stating their fraudulent activity. There should be some other evidence from other buyers if they are doing this. Its always good to review comments and feedback before purchases.
soh.maryl
·7 months agoSo, unless there are negative comments that this seller makes a habit of this, we should feel that perhaps the OP is wrong? What if this seller has done this before, but the buyers for one reason or another did not open NAD cases? Or maybe this is simply the first time.
marnotom!
·8 months agoHow do you feel eBay isn’t protecting its buyers, though? Buyers get a refund when they go through the steps to get one, no?
bigegg1984
OP8 months agoYou get a refund only after going through their normal return policy, after you’ve just been through an experience that violates their policy (sold fakes/counterfeit).. therefore your out items and money for 2-3 weeks when it should be an immediate thing when you have photo evidence of fakes being received.
marnotom!
·8 months agoSo if I’m understanding you correctly, your concerns are not that you feel eBay isn’t protecting buyers of suspected counterfeit items, but are more along the lines that you don’t like the process, which you feel should be instantaneous and should incorporate whatever “evidence†the buyer provides.
My view is that without third-party involvement, this is impossible. At best, in a scenario like this, we have a suspected counterfeit item.
Wouldn’t it be nice if eBay had a program where items in categories prone to counterfeits could be inspected by a third party before the buyer received them? 🤪