10-25-2021 11:21 PM
I was told by eBay that counterfeit items were not to be returned to the seller. EBay customer service told me in my case that they wanted the fakes so eBay could turn them over to JBL.
I was told to start a return. Now the seller approved the return. This is not right, the seller can just sell the items again ripping off somebody else.
10-26-2021 08:53 AM - edited 10-26-2021 08:55 AM
@duke_of_new_england wrote:I was told that you are not supposed to return counterfeit bootleg items. EBay has told me this before. Items are to be destroyed or given away.
Returning them only gives the seller another chance to ripoff another person. Not returning the item punishes the seller for selling fake stuff. I was told by eBay's customer service that eBay wants the items to send to the real manufacturer JBL.
It gets worse, it's actually the law.
It is against the law to knowingly (key word there) sell OR traffic in counterfeit items (hence the issue with returning said items, it would constitute knowingly trafficking).
Oddly enough it isn't against the law to purchase counterfeit items.
And if you want your money back, you have to return the item.
I know, I've been through this before.
Speaking for myself, I decided I am not the authority in the subject of determining what is or is not counterfeit and I would rather get my refund and let someone else deal with it. It is also the reason I will only make purchases from sites that have a return and refund policy that strongly favors the buyer, such as eaby.
Your choice, I suppose.
10-26-2021 09:00 AM - edited 10-26-2021 09:02 AM
@duke_of_new_england wrote:EBay is responsible for doing something about all of the counterfeit stuff on their website.
These looked very real including the packaging. Only the fact that they didn't operate like JBL's should and contacting JBL customer service I found out they were fakes. All have the same serial number on them.
I'm going to report this to the FBI and file a lawsuit against eBay. They don't do anything about sellers selling counterfeit stuff. You report the listing and nothing happens. You provide proof of the fakes from the real manufacturer and eBay does nothing.
Because if they did then every seller who doesn't like his competitors would simply be allowed to "report" their listings, have them pulled, and in some kind of order there would be only a few sellers left.
Your lawsuit against eaby, I certainly won't stop you from perhaps getting a free consultation from an attorney, which you should likely receive if you call any and let them know of your intentions and plans... But I wouldn't spend a whole lot of time and money on it, you'll just end up struggling to fight against an 800-lb. gorilla anyway because in the real world usually it's Goliath who wins.
As far as reporting it to the FBI...
I'd probably go so far as to send a link to the offending listing(s) to JBL and let them deal with it, they are the verified rights owners and they could enact a number of VERO actions should they feel so inclined.
10-26-2021 09:07 AM
"eBay could turn them over to JBL" Who the heck is JBL anyway?
10-26-2021 09:29 AM
"It is against the law to knowingly (key word there) sell OR traffic in counterfeit items (hence the issue with returning said items, it would constitute knowingly trafficking)."
Any good attorney would tell you that returning a fake item to the seller is not 'trafficking'. That is an old wives tale..but it certainly allows scammers to get a refund and keep the supposedly counterfeit item too..as the op is trying to do.
10-26-2021 09:37 AM
Go ahead and send it to eBay! Take the CS reps word!! Then let us know how that turns out for you!🤣🤣
10-26-2021 10:43 AM
@duke_of_new_england wrote:
I'm going to report this to the FBI and file a lawsuit against eBay.
You can also call your congressman.