Items taken down as counterfeit incorrectly without the ability to prove they are in fact authentic

[skincare_addict]

Hello, 

Please can someone give me an advice on what to do. Since January about once a month I have a random item that is removed as counterfeit. This is not a vera warning, it is not coming from the company that manufactures the item, it is coming from eBay themselves. Every time it happens I chat or call and ask how I can prove the item is authentic with receipts. The associate I speak with say I cannot prove it, and can only tell me not to list the item again. Sometimes they make up random thoughts like that item is not allowed to be sold on eBay even though I have sold many in the past and there are thousands and thousands of other listings.  I was told that it was possible that other sellers are actually reporting my items so that they do not have the competition. One associate said that is not some thing they would take a listing down for, but the last associate I talk to said yes I also have the opportunity to report items. Almost like he was saying I could do the same thing. Regardless apparently now I have reached the limit of “counterfeit” items, and they put my account on hold for three days. I am so frustrated. My items are not counterfeit. I have no ability to prove that they are authentic. And nobody at eBay will help me including calling, chatting, And discussing the issue with eBay for business on Facebook messenger. I am so frustrated at this point that a company would allow this to happen to a seller who has done absolutely nothing wrong, and give no advice or help on how to resolve the issue. So it will just continue to happen until my account is suspended. HELPPPPPP. 

[ckimodog]

@skincare_addict 

Hi there- Sorry for your situation.  Your listings are still visible, so it looks like you're still selling.  I'm thinking you can't list anything for 3 days.  Did the message ask you to provide receipts or invoices?  If you could provide some more details, there are good people here that can help.  Please come back and explain a bit more.  

[rfmtm]

Do not relist until the matter is resolved.

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.

[dbfolks166mt]

     Could you provide a bit more information on what the item was they removed? 

[emerald1830]

"I have no ability to prove that they are authentic"

----

Where are you getting your products from that you cannot prove they are legit? 

[skincare_addict]

The email I get every time is below. It just states the item is fake and don’t relist it. No option to prove authenticity like a Vero warning. And when I call/chat they also say I cannot prove anything, just don’t relist it. The last person I talked to today said he’s having a manager call me but made sure to tell me that the manager also won’t be able to do anything about the warnings or restriction. Really makes me feel cared for by the company I sell with….

Your account has been restricted because activity on it didn't follow our Counterfeit item policy. We don’t allow counterfeit items, replicas, or unauthorized copies.

What activity didn't follow the policy

More specific details are provided below.

What you need to do next

Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.

What is the policy

- Counterfeit products are illegal and not allowed on eBay. Examples include:
-- Fakes, copies or replicas of brand name items (for example, a shoe with the Nike name or logo that wasn’t made by Nike)
-- Electronics or accessories that use or bear the brand name, logo or trademark of a company that didn’t manufacture the item
-- Bootleg recordings from concerts or other live shows
-- Unauthorized or pirated copies of movies, videos or software
- Listings with photos that hide or blur trademarks are not allowed
- If you’re not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed
- We may remove listings if we receive buyer complaints that the item is not authentic. These items may not be relisted

How this affects your account

Because you haven't followed this policy in the past:
 
- Listings that don't follow this policy have been ended.  
- A temporary 3-day selling restriction has been placed on your account (starting on the date of this notice), and your other listings will be hidden from search during this period.  Listings will automatically be restored and show up in search results after the end of the temporary restriction.
- Any fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account. 
 
Listings that don't follow this policy in the future will result in similar actions, including a 7-day restriction on your account. 

Why we have this policy

This policy prevents the sale of counterfeit items, which are illegal, and could expose sellers to legal risk. Removing them protects sellers and their buyers from buyer protection claims and financial loss.

[dhbookds]

what item exactly did they take down...........give the title, please

[skincare_addict]

What I meant is they will not let me, they have no interest in my receipts. They said I cannot prove authenticity and sending in proof will do no good. I have proof, EBay has no interest in looking at it and resolving the issue. 

[skincare_addict]

I sell all skincare/makeup items. All are received from Ulta Beauty, Boxycharm or Ipsy. I have receipts for everything. The things removed this year with this same email have been perfume, a makeup primer and a skincare item. I have called and chatted about the issue every time, and I get the same results every time. We won’t allow you too prove it, the warning won’t be removed even if you do, and don’t relist. I have never relisted the items. Each warning is a new random item. Some were as cheap at $6.99. It just makes no sense unless EBay allows other sellers to report items and takes them down with no investigation. That’s what I’ve read could be happening but nobody has a resolution. 

[simply-the-best-for-you]

That's probably b/c receipts can be easily faked.   They take that tactic in many cases.   

Anyone can report any listing.  Every listing has a link that says "report this listing".  It's not right that competitors could report you, but it's unfortunately true.   You don't really have much recourse.  Continuing to list is asking for them to shut down your whole account 😞 

[skincare_addict]

234534475484 - 5X Valentino Donna Born in Roma Eau De Parfum Spray - .04 Oz Each = .2 Oz Total

[lepke1979]

This is one thing I wish eBay would handle a lot better. It's possibly VERO related, but it's basically the brand doesn't want you to sell it because it's theirs to sell or you aren't an authorized seller/supplier. Or in the case of Chanel a few years back, don't want people to confuse them as a Chanel store. As silly as that sounds. One large reseller they went after for millions.

Realistically, you should be able to sell it. But most people aren't going to go through the trouble of lawyering up for the right. And it's easier for eBay to just say fine.

On the surface, it sucks, but fine. Will try to sell it elsewhere. But then eBay decides to give you a restriction because this has happened to you a few times. I am assuming you haven't tried to list the same thing multiple times though.

One bit on the Chanel thing in case you're curious:

https://onlinemerchantsguild.org/chanel-sues-ebay-merchant-for-50-million/

[ckimodog]

@skincare_addict 

Ok.  Follow the advice of others and don't relist it.  Here's a link you can access to get "real" customer service:

https://www.facebook.com/eBayForBusiness/

The are credible US cs agents who work for ebay and they can perhaps give you a solution.  Many positive posts here on these boards in their ability to be helpful.  It can't hurt, just to give it a shot.  

I notice you're selling perfume and some samples.  Nothing of great value, but they are name brands.  As you stated your suspension was not due to a company or vero asking ebay to take them down.  Usually they send you a warning first.  

See what you come with by contacting FB and let us know how it worked for you.  Good luck and best wishes for a positive turnout.  

[skincare_addict]

So frustrating. I’m doing nothing wrong, just making them legitimate money. If they allow other sellers to have listings removed just to avoid competition they are losing so much money! All they would have to do is look at the reporters account and if they are selling the same item, obviously it was done for spite. Only manufacturers should be allowed to report items as fake. 

[rfmtm]

What type and/or brand of item are you selling?