Hit by another **impossible to see** VeRO. How am I supposed to predict what items will stay safe?

[emailfromsanta_dot_com]

Hit by another **impossible to see** VeRO (a small time, unpopular $10 board game that hasn’t sold in my store for half a year) and account restricted for 7 DAYS. How am I supposed to predict the next company that will hire a lawyer to initiate lies about counterfeit goods? It feels like anything I list is a potential VeRO the minute a lawyer is hired. All items feel risky.

What is the solution? I am selling real, found items. Not Louis Vuitton.

How does eBay expect me to predict the future? It’s not like I get a warning for an item and then only get penalized after. I am simply getting penalized for “not following the policy” even though the policy requires me to predict the future.

It’s not like the items follow a pattern. They are all different and wide-ranging and none of them have been truly counterfeit. They are basic, cheap items.

Can I fight this with support? I don’t know what to do as it seems like anything I list is a potential VeRO violation. I contacted support and the rep seemed nice but I feel he may have just been trying to appease me. He claimed that I should at least be getting notified for newly VeROed items before the suspension. Is that correct? He also said he can't do anything to change the seven-day restriction but would "escalate it" to some back office who will contact me within 24-48 hours. 

I _want_ to be in compliance. I _cannot_ predict the future.

[popblox]

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@coolections wrote:

You are selling a "new in box" game.  My guess is that company does not authorize you to sell a new in box game because you are not an authorized retailer that that company chose to do business with. You would be undercutting Walmart and those other stores you mentioned by selling on Ebay. Many companies do NOT want their items attached to the Ebay name. I believe you lost this one and should just move on personally.

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I hate to sound like a broken record here, but whether or not a company "wants" someone to sell their new in box game on eBay doesn't matter. If you buy a game, you own it. If you want to sell it, you can. This is why there are currently over 187,000 listings for board games on eBay. If a company could just say "We don't want you reselling our product on eBay", most of us would be out of business.

A VeRO violation is an intellectual property rights violation - selling a game that you purchased from a company is not an infringement on their IP rights. Selling counterfeit items, misusing brand names, and offering unauthorized warranties are examples of valid VeRO violations. Selling a game is not a valid violation, but eBay has to remove a listing if it's reported. This is why you always have an opportunity to fight it.

Most importantly, and I am not trying to be confrontational here, but telling the OP to just "move on" is really bad advice. Moving on is tantamount to pleading guilty to the charge of selling a counterfeit item. It puts the seller on eBay's radar and if another company decides to report them for another listing, they will be permanently suspended.

[chapeau-noir]

@popblox  Thanks for the very useful information! 

[popblox]

@chapeau-noir You're so welcome! Been around the block more than a few times on this one lol.

[gjs_16]

I like that letter.

Better than short and sweet (such as "hey why was my listing pulled?") 

The one you drafted just might befuddle the person sitting behind the desk enough to where they can't / won't / don't want to respond.

I haven't been Vero'd in a while and I don't recall having been suspended at all but it seems rules have tightened and you can rest assured, I will fight every claim should I ever get another one.

Me love you long time.

[postingid7659]

Imagine telling someone to just move on when their account is at risk.   Particularly over this absurd claim that a sealed new item from Amazon is somehow fake, when really the company just doesn't want you selling their junk and undercutting them on one sale.  

I'll never understand some of the responses that appear on these boards. 

Also I'll never buy that game. 

[coolections]

@popblox 

I hate to be a broken record I am just giving the OP good advice and saving him lots of headache and aggravation.

[toysaver]

I was selling it sealed. It's cheap retail. Counterfeits don't exist. 

How are you so assured counterfeits don't exist?  Looks like a box of printed paper.  Not to complicated to duplicate.   If there's money to made there are scammers at the ready.

[coolections]

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@toysaver wrote:

I was selling it sealed. It's cheap retail. Counterfeits don't exist. 

How are you so assured counterfeits don't exist?  Looks like a box of printed paper.  Not to complicated to duplicate.   If there's money to made there are scammers at the ready.

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Not only that but the OP already stated it was purchased from one of those Amazon returns pallets and who knows where that stuff comes from.

[rfmtm]

I agree completely with @popblox post 31.  It doesn't matter whether the company likes you selling it or not, if you have no contract to the contrary.

I will reiterate one point though.  Ebay does "not" legally have to remove the listing unless it is for copyright infringement,  they just do so for any type complaint under their own misguided policy, which obviously leads to easy abuse of the VeRO system, as you are not afforded the same remedies, like a counter notice, to easily contest it legally.   Still you need to do what you can now and get your strikes removed or risk permanent suspension.

[donsdetour]

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@postingid7659 wrote:

Imagine telling someone to just move on when their account is at risk.   Particularly over this absurd claim that a sealed new item from Amazon is somehow fake, when really the company just doesn't want you selling their junk and undercutting them on one sale.  

I'll never understand some of the responses that appear on these boards. 

Also I'll never buy that game. 

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A $10 item and they got restriction:

not worth the time to fight it... This is usually the reason.

Over all not worth the risk to end up not selling on eBay as well.

Advice has been given on how to fight it is desired....

to eBay VERO is GOD......

back in the day eBay was sued over VERO rights.....they (eBay) learned.

[popblox]

Sorry your thread has gotten so cluttered @emailfromsanta_dot_com , but if you still feel your item is authentic and want to keep selling on eBay, continue following suggestions from those who’ve actually been through this process (successfully, numerous times).

On the other hand, you should take @coolections ’s advice if you feel typing a few emails, then following up on those emails in 10 days is more “headache and aggravation” than never being able to sell on eBay again.

Regardless, if you have any more questions, just let me know. I’m happy to help.

[monster-deals]

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@rfmtm wrote:

Your first move is to email the VeRO member.  Then come back with the response.

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There won't be one.

I have never heard of a VERO owner emailing anyone.

[shado-x]

This is the game

Listings not following policy

265170623020 - That's What She Said - The Party Game of Twisted Innuendos Board Game - New

I was selling it sealed. It's cheap retail. Counterfeits don't exist. It was bought off an Amazon pallet.

Not worth the fuss, donate it an move on with items that are approved.  Maybe the Vero holder has exclusive rights, ever think of that?

[rfmtm]

Doesn't matter if VeRO holder has exclusive rights or not, it has no bearing in this matter at all. 

Yes, in this case OP is better off just moving on selling it elsewhere.  However, OP appears to be at the point that if he should get anymore VeRO's he could be permanently suspended.  And that generally means barred for life from selling on ebay, if he doesn't get every strike he can removed from his account so that doesn't happen.

Doesn't mean OP has to go to court or even have an attorney, but at least send the email required and try to straighten things out with ebay to save his account in the future. 

[slippinjimmy]

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@shado-x wrote:

This is the game

Listings not following policy

265170623020 - That's What She Said - The Party Game of Twisted Innuendos Board Game - New

I was selling it sealed. It's cheap retail. Counterfeits don't exist. It was bought off an Amazon pallet.

Not worth the fuss, donate it an move on with items that are approved.  Maybe the Vero holder has exclusive rights, ever think of that?

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There is no such thing as "exclusive rights" at least not in the context of this discussion.

One of the reasons that right holders file these bogus claims under the DMCA is that very few people fight them. They violate the intent of the DMCA (which unfortunately contains no punishment for misuse),  they get away with it and they continue to file bogus claims.

For a lot of information on Vero, bogus claims, what you can do etc. etc. visit tabberone.com. The site is now quite old but the basics are still valid.

tabberone was (is?) an eBay seller that successfully fought (and won) claims by some of the biggest corporations. It takes time, it takes work but it doesn't need to cost any money.