Someone is attacking my account reporting most of my authentic Apple Products as Counterfeit!

[ervayeverything2016]

I buy auctions from walmart & target, mostly shelf pulls and returns.  Recently someone has starting reporting only my apple products as counterfeit.  I have receipts and proof that my items are genuine.  Not one person that has purchased from me has reported any issues... i think another competitor is attacking my account with these reports.  I called eBay but there seems to be no recourse for me as a seller.  I called the help line and after talking to the service rep she basically told me there is nothing that i can do and not to relist the items.   I asked to speak to a supervisor and she took my info and said that someone would call me but no one has.  I've sent emails and no response.  I only sell on eBay and i now have a ton of good high price items that i cannot sell.  Has anyone out there had similar issues and how can i sort this out?

[shipscript]

@ervayeverything2016 

Multiple accounts:

Sellers who list disparate groups of items may open multiple accounts to focus on specific categories (one for clothing, one for electronics, etc). Some will have a buying account and a separate selling account (particularly handy if buying from closet-cleaners and then reselling on eBay with better marketing skills). 

Some long-time forum members have found that contentious discussions have sometimes resulted in vengeful trashing of their listings (like reporting listings as counterfeit or buying for the sole purpose of leaving negative feedback), so "posting ids" became the remedy. Many seasoned sellers have a posting ID with zero feedback.

The Mentor Forum:

You have, in no way, been rude or disrespectful. The Mentor forum is designed to provide the best possible answers within policy. In a larger forum, you will receive a broader spectrum of responses (and attitudes), some correct, some nebulous, and some hurtful, so take all with a grain of salt to build your best course of action.

Takedowns:

Most sellers will recommend abandoning any hope of selling a removed item because a second or third takedown can ruin your ability to sell on eBay.  However, if eBay is in the wrong, we would all want that situation corrected.  Selling other types of apple products, instead of any airpod products, can be tested to see how it plays out. I would not sell airpods until this is resolved.

Customer Service (CS):

Here is my understanding of the hierarchy of CS.  Your contact should be with customer service through the help pages (type "agent" in the chat that opens), as they have access to your account and security details. We mentors are a volunteer subset that can help members navigate some issues without contacting customer service, or, like librarians, can point to the correct help pages. And most of the time, a response on the forums can eliminate any need to follow through with CS.  But, CS is the ultimate arbiter (even if some of them are still wet behind the ears and seem to be reading from a script). If an agent can not function beyond the script, you could request a supervisor.

Since a CS agent can be anywhere in the world, while a US supervisor is probably in California or Utah (or working from home elsewhere), avoid requesting a supervisor on weekends or after hours. The home-based agent must place a phone call to the supervisor, and there is no telling how long the agent will be on musical hold waiting for a supervisor to pick up the next request in the queue. So some agents will balk and some will accidentally disconnect.  Last week I had an interaction with an agent in Albania who had to call me back the next day in a time slot where she would be able to reach a US supervisor to help her with a resolution (I did not speak with the supervisor myself, as the agent was the one who needed to get more info).

The next step is social media. The small social media team is US-based, but is best reserved for members who can not reach CS or need to report an agent who acted inappropriately. Additionally, the social media team can not deal with security/account issues, so they'll punt with a reading of the rules. The social media team doesn't read from scripts, but we don't want to inundate them with issues we can resolve here. In your case, because the letter is vague, I had thought you might need to reach out to them.

And lastly, we have roaming eBay staff here on the forums.  They aren't really customer service, but they can bring issues to the attention of CS managers.  @glorybells  is asking whether we can bring one of them to this thread.  I really don't have much hope because they generally refer these types of security/account issues back to Customer service. But, I will attempt it here (there will be no response over the weekend):

tyler@ebay 

The OP has a non-vero takedown situation (probably a counterfeit report or possibly a bot) where the airpods in question have serial numbers that can be verified on Apple's website. Is there any method for disputing the takedown by providing evidence?

[tyler@ebay]

Thanks for the tag @shipscript - everyone has given spot-on advice in this situation thus far (including pointing to CS on this one). 

Hi @ervayeverything2016 - I've had your contacts to the social media team reviewed and can confirm that the information you were given was accurate. While I appreciate that you have serial number evidence of authenticity for your items, we don't recommend listing the items we notified you of on eBay moving forward.

[ervayeverything2016]

Tyler thanks!  I did indicate that i had not intention of selling these on eBay but thank you for the reminder.  Sorry but every response contains this advise... i get it and i wont be selling these on ebay.  The question that i really need help with is .... Is there any method for disputing the takedown by providing evidence? or at all? 

My concern is moving forward with the stain of being accused of being a counterfeiter.   Its a false claim period and i haven't been given a chance.  

I'm not sure what information you are talking about that the social media team gave me that was "accurate"?  They honestly didn't say much and it was not helpful and my questions were not addressed.  I am a little confused here.

Also i get loads of new stuff in every week including the items that were taken down so should i just never sell another pair of air pods on eBay or just the specific pair that was taken down?  

I just want someone to give me a chance here and not treat me like some kind of scammer... that's what it feels like when everyone just repeats the policy and reminds me not to try to sell the items here.

[ervayeverything2016]

I just want to say that you are indeed a Rockstar!  I don't have a lot of hope that i will find resolution but your information has helped me feel better about it and more knowledgeable moving forward.

Thank you

[shipscript]

@ervayeverything2016 

There are two common recommendations you've now seen repeated:

1. Don't relist the airpods (and don't sell airpods at all).
2. Customer service is the only one that can help. From the help pages, use the Contact option at the bottom of the relevant help page and type "Agent" in the chat window to speak with a human.
   https://www.ebay.com/help/selling/listings/creating-managing-listings/removed-listings?id=4656

While Customer service has the final word, they really don't. Sellers have reported getting their listings reinstated, or restrictions lifted, by talking to CS, only to find the item taken down once again. Some have gone through this process several times before realizing that they really need to quit selling the items here because either the bots or the competitors do not rest. Perhaps a more permanent truce can be made with a supervisor if you can lay out the potential competitor proposition and the verifiable serial numbers.

Usually, eBay will err on the side of safety (to their platform and laws) and ban things that are not illegal because eBay has no way to tell the difference. A lot of honest items have been removed this way. It is no reflection on your own integrity, although it can sometimes seem that way.

[rfmtm · Accepted solution]

@ervayeverything2016  I think @shipscript  pretty much has cover it all.  Just nothing you can really do about this, but move on.  All just seems a bit unfair to the honest seller to have no recourse to at least clear any strikes on his account, especially when they are not going to list them in the future.   What would be more fair is for ebay just to put the item on the banned list to begin with rather than arbitrarily guessing at what is fake.

[ervayeverything2016]

Update... i just received my first Vero take down on a $10 remanufactured HP ink.... in 8 years i have never had an issue but in the last month i have had 3 postings taken down for being reported as not genuine (even though i have matching serial numbers that say otherwise) ... and now this Vero thing... a petty picky poke at the wording that is very similar if not identical to many other ads for the same item currently on eBay.  ITs a very odd coincidence that my ad was picked from the lot to be scrutinized.

I have been buying the same type of items from the same auctions for years.  I really feel like i am being targeted and i don't even know who i rubbed the wrong way.

The best advice i received was to just accept it because there isn't much i can really do... awesome

[rfmtm]

@ervayeverything2016  While you can't do much about an arbitrary ebay take down, you can do something about a VeRO one.

First is your ink actually remanufactured by HP?  If not, you have to be very careful of the photo and how the listing's title and description is worded, as it is no longer considered an HP product.  You can sell this type of compatible item, as it is one thing that sale of has been supported in the federal courts, but it has to be done properly to conform to ebay policy, avoid any confusion with the original HP product, and of course not otherwise infringe on the HP brand.

[ervayeverything2016]

The ink is a up & Up remanufactured ink for hp.  The wording was arguably close to being in violation but very picky and when i went to check comparable identical items listed on eBay currently all of the  listing contained wording that could have been considered the same.  I even checked in on the item that i copied my listing from... i often use the "sell one like this" button so it brings over all the same title, and it was still up with the same wording in the title.   I could easily argue that my title and description made the item clearly a remanufactured and listed the brand name "UP&UP Replacement HP 564XL High Capacity Black Ink Cartridge" and it is indeed a product made to replace the oem hp product just like the other 12 or so ads for he same item many with clear vero violations.... again odd that mine stuck out.

I'm not into mincing all the details but it is awful strange how i have went 8 years no problems to constant take downs.  I have certainly landed on the radar.  Its fine I will just push on.  I have managed to stay within policy and had a good selling record for the last 8 years and I wont let this stop me.

[rfmtm]

Although you are on ebay's radar now, VeRO is a completely separate issue and has to be a complaint from a VeRO member.

Your title is certainly not acceptable as you posted it.  It does not meet ebay compatible product guidelines, nor would it likely prevail in court as not a bit misleading or even misuse of the HP name. 

Compatible cartridge, ink, and ribbon manufacturers have already fought this in federal court and won the right to make and sell these items, but that does not relieve them or resellers from properly posting photos, titles, and descriptions that are free of any possible confusion or otherwise infringe on the rights owner's brand.

As you are aware, what others do have little to do with what you do.  Plus this might just be the beginning of the VeRO member or their agent searching out violations, or even abusing the system a bit.  In your case some simple rewording could be all that is required to have the VeRO member rescind the notice, in which case ebay will reinstate the listing. 

Also in this case, even if you do not correct and relist the item, clearing the VeRO violation would benefit your account standing.