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Looking for help regarding a restriction being placed on my account

So, back before the holidays, I received a 3 day restriction on my account for listing a "counterfeit" item. When I called an inquired, they told me there was nothing I could do but wait three days until my items showed up to be sold again. I advised the original item was purchased on eBay, for resale and had obviously not been removed for being "counterfeit" at that time. I also asked them how I was supposed to know if an item was "counterfeit" before listing it, even after it was purchased on eBay. They suggested that I spend money to get is "authenticated" before listing it, obviously adding more money to my overhead. I just waited the three days and continued after that. Last night, I listed another item, also purchased on eBay (several months prior) and this one was also flagged, with my account now being restricted for seven days. I again called to see if there was some type of appeal process and, again, was told there wasn't. This is completely ridiculous because I am 100% sure that this most recent item was authentic. Does anyone know of anything I can do to appeal this process? I can't even fathom how these decisions are made. Not only does my item get removed, but my entire account gets restricted? I'm about ready to leave eBay and try Shopify and / or Amazon. Any help would be greatly appreciated 

Message 1 of 15
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Looking for help regarding a restriction being placed on my account

There are ways to verify counterfeit items.  I was sued by a company and the only way to know it was counterfeit was by scanning the bar code.  They purchased one from me and threatened me with a 25k lawsuit.  No way for someone outside of the company with specific bar code/packaging knowledge to know.  Items were purchased from Amazon 3rd party.  Unfair and not your fault...but legally the reseller is responsibility.  Might need to change your business plan.  My advice is to HEAD these warnings before your paying thousands to settle a lawsuit.

Message 2 of 15
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Looking for help regarding a restriction being placed on my account

It is the SELLER's sole responsibility to make sure whatever item you are selling is authentic.  You need to always have PROOF that it is authentic too, not just your opinion.

 

I advise you NOT to list these items again.  If you do it again, you will likely get your selling privileges taken away for ever.  A third strike will likely mean the end of selling on Ebay.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 3 of 15
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Looking for help regarding a restriction being placed on my account

I had very little warning just a vero that pictures weren't accurate.  No restrictions.  I relisted because the message didn't make sense.  Week later threat of lawsuit.

Message 4 of 15
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Looking for help regarding a restriction being placed on my account

eBay takes your items down for very specific reasons.  Be it counterfeit, or mislabeling your title.  Take it very seriously.

Message 5 of 15
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Looking for help regarding a restriction being placed on my account


@singular-source wrote:

I had very little warning just a vero that pictures weren't accurate.  No restrictions.  I relisted because the message didn't make sense.  Week later threat of lawsuit.


Vero violations are different.  That is not the problem the OP has.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 6 of 15
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Looking for help regarding a restriction being placed on my account

The rights owner told eBay to remove and warn me.  Warning me I was using the owner's name to advertise an item that was not theirs.  I'm not sure how things have changed.  It was a clear warning of counterfeit now.  Since I had to pay $3,000 for using their name to sell an unobvious counterfeit.  I received one unclear warning and that was it, didn't affect my ebay status, but it affected my pocket book.

Message 7 of 15
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Looking for help regarding a restriction being placed on my account


@singular-source wrote:

The rights owner told eBay to remove and warn me.  Warning me I was using the owner's name to advertise an item that was not theirs.  I'm not sure how things have changed.  It was a clear warning of counterfeit now.  Since I had to pay $3,000 for using their name to sell an unobvious counterfeit.


What I said was that the OP does not necessarily have a Vero violation.  I never said or implied that you didn't have an important issue..


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 8 of 15
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Looking for help regarding a restriction being placed on my account

Wish I would have known what the generic message meant in hindsight...

Message 9 of 15
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Looking for help regarding a restriction being placed on my account

All I'm saying is if eBay is removing listings due to anything related to counterfeit, man let the item go.

Message 10 of 15
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Looking for help regarding a restriction being placed on my account

I wish I had a restriction for 3 days to calculate why the heck my item was taken down.

Message 11 of 15
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Looking for help regarding a restriction being placed on my account


@x89post wrote:

So, back before the holidays, I received a 3 day restriction on my account for listing a "counterfeit" item. When I called an inquired, they told me there was nothing I could do but wait three days until my items showed up to be sold again. I advised the original item was purchased on eBay, for resale and had obviously not been removed for being "counterfeit" at that time. I also asked them how I was supposed to know if an item was "counterfeit" before listing it, even after it was purchased on eBay. They suggested that I spend money to get is "authenticated" before listing it, obviously adding more money to my overhead. I just waited the three days and continued after that. Last night, I listed another item, also purchased on eBay (several months prior) and this one was also flagged, with my account now being restricted for seven days. I again called to see if there was some type of appeal process and, again, was told there wasn't. This is completely ridiculous because I am 100% sure that this most recent item was authentic. Does anyone know of anything I can do to appeal this process? I can't even fathom how these decisions are made. Not only does my item get removed, but my entire account gets restricted? I'm about ready to leave eBay and try Shopify and / or Amazon. Any help would be greatly appreciated 


Selling items that are highly counterfeited and gray market sourced is not a long term sustainable business plan. You mentioned going to Amazon, they are much less forgiving to sellers than ebay in every way.

 

Also I looked at some of your listings and the following was in the title of one of them 

 

replica printed Puma jersey - adult XL"

 

What does "replica" mean?

Message 12 of 15
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Looking for help regarding a restriction being placed on my account

Your listings show "unbranded", "replica" jerseys of major sports teams. The rights of major sports teams are owned by the leagues and companies who purchase the rights to sell apparel. There is no such thing as "unbranded" or "replica" apparel. You can't sell them anywhere.

 

Why did you get flagged and the person who sold it did not get flagged? Probably because they did not use words like "unbranded" or "replica".  As others have pointed out, don't list them again. 

Message 13 of 15
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Looking for help regarding a restriction being placed on my account

"Why" doesn't matter.  Three days was not time out  to figure it out, fix the problem and relist it. It was punishment for violating policy and when an item is removed you do not relist it unless eBay specifically says you can and you better have that in writing.

 

Message 14 of 15
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Looking for help regarding a restriction being placed on my account

The other posters gave you sage advice about your situation.

I would also add that buying items off of eBay does not constitute that the item is "authentic".

eBay does not always catch "counterfeit" items and their rules only apply if they are aware they are being broken.

I know that seems to make selling and buying on the platform more difficult, but it is what it is.

Message 15 of 15
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