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Counterfeit Policy

Has anyone else had the pleasure of having Ebay say your item is counterfeit when you know it not?  The policy is total trash and your not allowed to defend yourself.   Im starting a class action, representing the common people who Ebay tramples on.

Message 1 of 39
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38 REPLIES 38

Counterfeit Policy

Be sure to come back and let us know how the class action goes.   My guess is that all we will hear is crickets.

Message 2 of 39
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Counterfeit Policy

Same old song..different day.



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“Never pick a fight with an ugly person. They don’t have anything to lose.” ~Robin Williams
Message 3 of 39
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Counterfeit Policy

How do you now it is not?

Message 4 of 39
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Counterfeit Policy


@alcoforever wrote:

Be sure to come back and let us know how the class action goes.   My guess is that all we will hear is crickets.


I know.

 

Nobody ever comes back to tell us how their suit is going.  Very disappointing.  I would at least expect them to come back and rub our noses in it.

The easier you are to offend the easier you are to control.


We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell
Message 5 of 39
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Counterfeit Policy

People who actually sue do not come on here and blab about it.  Most cases are settled out of court and the settlements are sealed. Large companies do not like to hurt their image and unless it is advantageous, they just settle. It is cheaper and saves their image. I get a kick out of the Class Action ones, those who post that have zero idea what it takes to be successful in a Class Action lawsuit.

Message 6 of 39
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Counterfeit Policy

Before you get too far, review the eBay User Agreement, Section 18 entitled Legal Disputes. In it, we as sellers agree to binding arbitration in lieu of class actions. 

Message 7 of 39
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Counterfeit Policy

Let us know who the Attorney is.

Message 8 of 39
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Counterfeit Policy

To frame yourself as having your "nose rubbed in it" implies you would be disappointed in a class action suit.

 

You are against honest sellers who get robbed by ebay? You want to allow ebay to continue as judge and jury on counterfeit claims? Why?

Message 9 of 39
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Counterfeit Policy

I am going to start putting a quarter in a jar every time a seller threatens a eBay lawsuit here on the boards. Save some big change for Christmas shopping.

Message 10 of 39
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Counterfeit Policy

Do not relist until the matter is resolved.


If a VeRO take down you can fight it, as you have a legal right to resell an authentic legally obtained item as long as you don't otherwise infringe on the owner's rights. However, if this wasn't a VeRO complaint, but an ebay take down, you have a problem.


Ebay appears to be doing more and more of this sort of thing against sellers of various products without giving them any recourse whatsoever to appeal it. The best you could do is have your attorney send a letter to ebay's legal department, but hardly worth it for a single item.


Obviously ebay is trying to protect against counterfeits, but at times seems to not be applying the take downs fairly to all sellers. I suspect if this practice continues to escalate, some public advocate or news group is going to call them out on it.

Message 11 of 39
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Counterfeit Policy

I think almost all of us have had the pleasure. It's bound to happen when your selling remotely over the internet. Most legal types would probably tell you that. Good luck with the Crusade~

Message 12 of 39
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Counterfeit Policy


@completepuzzle wrote:

To frame yourself as having your "nose rubbed in it" implies you would be disappointed in a class action suit.

 

You are against honest sellers who get robbed by ebay? You want to allow ebay to continue as judge and jury on counterfeit claims? Why?


Of course not.

 

But I've seen hundreds upon hundreds of threads with the OP claiming to have lawsuits against Ebay and that they're certain they'll win.

 

They never come back to let us know how it's going.

 

If you sell here, you agree to Ebay's terms and conditions, and Ebay being judge and jury is part of those terms and conditions.  As much as I don't like a lot of it, I choose to sell here and I know that for most things I can't sue Ebay.  It's their site and their rules, and I'm sure their legal team has made certain those terms are legal.

The easier you are to offend the easier you are to control.


We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell
Message 13 of 39
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Counterfeit Policy

@calntom 

I going to start one for "why aren't I getting any views?" I'll keep you posted on the results. 😆

Message 14 of 39
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Counterfeit Policy


@ckimodog wrote:

@calntom 

I going to start one for "why aren't I getting any views?" I'll keep you posted on the results. 😆


Big money, right there now 

Message 15 of 39
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