Why does eBay allow predatory practices around FOMO?

[taffgiraffe]

When a particular seller doesn't have a lot of Pokemon product, but happens to list stock photos of cards as "photo cards" to sell at a coinvent time in the market, does it violate eBay's "standards"? They send buyers a photo of a desired card.

They are are clearly designed around predatory tactics. Doesn't it violate intellectual property of Pokemon?

[bonjourami]

I expect Pokemon would have to join Vero to stop it.

[eburtonlab]

Selling a photo of something while making it appear to be offering a genuine item is indeed against eBay policy. Getting eBay to recognize that that is going on in a specific listing may be a challenge, though, particularly if the seller is being deceptive.

Any user that receives a photo instead of a genuine item has recourse through the money back guarantee by filing a "not as described" return, even if the seller manages to provide some weaselly way of including the word photo in the title or description. 

Whether Pokeman's rights-holders are willing to file VeRO takedowns would depend on the rights holders themselves.

[taffgiraffe]

Is it worth it to raise the issue with Pokemon/Nintendo HR? I know the response would likely take forever (if it comes at all), not directly about my complaint but maybe confront these practices being tolerated on popular sites?

[taffgiraffe]

Thanks. I'll have to wait for the item to arrive and will file a complaint documenting it with photos.

[reallynicestamps]

Is it worth it to raise the issue with Pokemon/Nintendo HR?

Yes.

You may or may not get a response from the company, but it is likely they accumulate such complaints and reports and act on them when the time is appropriate.

For example, a single report from a single customer might get a polite thank you, but  dozen reports from a dozen defrauded buyers would unleash the lawyers.

[eburtonlab]

I'll have to wait for the item to arrive and will file a complaint documenting it with photos.

If you file a "not as described" return and follow the procedure within thirty days, and ask eBay to step in within twenty-one business days if the seller does not cooperate, the refund is pretty much automatic.