Counterfeit Policy

[breda-11261]

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.

[dbfolks166mt]

     The user agreement is basically a contract between eBay and the seller. If the terms of that contract are not legally compliant or one party is in violation of the terms (breach of contract) then the user agreement means nothing. 

[dbfolks166mt]

     I like your plan but I will confess I don't have that big of a jar and I would probably be broke in a month although I would have a lot of quarters in the jar. 

[mrdutch1001]

nope,because I do not list/sell in those high risk categories...

BTW, good luck with that class action...please return to let us know your success story on that...maybe I'll live long enough to bear witness to such a success story...let me see, how many years do you expect it will be until your "case" gets that far...?? I think your # is at the bottom of the pile and might be found some year, after the other million or so "cases" get found...

[fashunu4eeuh]

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@dbfolks166mt wrote:

     The user agreement is basically a contract between eBay and the seller. If the terms of that contract are not legally compliant or one party is in violation of the terms (breach of contract) then the user agreement means nothing. 

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Above my pay grade to debate the legality of the User Agreement terms. But i can say that a breach of contract does not necessarily void the entire agreement. Only under certain conditions would the whole contract be voided by one party’s failure to meet the terms (“material” breach vs. “immaterial” breach).

[nocoolnamejane]

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@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?

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I’m not sweet*tea but here’s how I interpret it:

We would be happy for at least one of them to come back and rub our noses in it because that would mean one person actually went ahead and did it.

There are so many posters coming in hot saying they talked to a lawyer who told them they had a case or that they got a lawyer on retainer or that their buddy’s cousin who just passed the bar in Jersey told them they would take eBay on.

No one here want sellers to get robbed, but eBay taking items down when they are contacted by the rights owner is neither robbing sellers nor actionable.

I wish everyone who wanted to post about starting a class action suit would watch this video beforehand…

https://youtu.be/gzvR3h6WoLg

[luckythewinner]

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@breda-11261 wrote:

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.

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Please come back and post a link to the docket number for your case. 

Make sure your lawyer reads this part of the User Agreement that your acknowledged: 

"We reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion"

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

[fuzzface50]

Even Walmart has been hit with selling counterfeits lately. 

[johnson_junk_company]

Well, eBay doesn’t run the VERO program any better than other parts of the site, unfortunately. eBay claims “outside companies scan listings for compliance” so it’s out of our hands. Outside companies say “eBays software doesn’t do a good job scanning for compliance”! So who do you believe? I lean more on the first statement because eBay isn’t concerned or they would approve listings before publication. Yes, eBay does need sued, big time, for their poor business practices. However, it is much harder to bring a class action than an individual lawsuit. It’s time consuming and has upfront costs. Well worth it though if it brings much needed change. If you think your item is authentic, then contact the actual company who eBay claims filed the vero complaint. Ask them to authenticate your item and contact eBay if it’s actually authentic. I did that and had success. 

[southern*sweet*tea]

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@nocoolnamejane wrote:

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@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?

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I’m not sweet*tea but here’s how I interpret it:

We would be happy for at least one of them to come back and rub our noses in it because that would mean one person actually went ahead and did it.

There are so many posters coming in hot saying they talked to a lawyer who told them they had a case or that they got a lawyer on retainer or that their buddy’s cousin who just passed the bar in Jersey told them they would take eBay on.

No one here want sellers to get robbed, but eBay taking items down when they are contacted by the rights owner is neither robbing sellers nor actionable.

I wish everyone who wanted to post about starting a class action suit would watch this video beforehand…

https://youtu.be/gzvR3h6WoLg

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Thank you!

You worded it better than I could.

We so sooooo many "I have a lawyer and I'm suing Ebay" posts, but nobody ever gives an update. 

This tells me that either they're all full of hot air OR they hooked up with an attorney who told them the same thing we tell them - that by agreeing to the terms, which you do when you list here, you are giving up your right to sue and have to go through arbitration.

Nobody ever comes back and replies that we were wrong, they have filed a case that was accepted.   That is what I mean by rubbing our noses in it - coming back to boast that we're wrong.  

If I had posted a thread saying I was going to sue I would at least come back and let everyone know that I had an accepted case. Naturally I would not discuss the case, but I would at least come back with flags waving and horns tooting to tell all of the boardies that they are indeed wrong in a "nah nah nah boo boo" moment...but that never happens.

I can only assume that the OPs in these cases are either venting (a distinct possibility) or their attempt was shot down the moment their attorney read the Ebay TOS (also a distinct possibility).