Bogus Busted and Disgusted

[Bmbr34]

I had my Ebay accounts recently suspended for alleged trademark infringement. And to top it off, 2 family members accounts were also suspended. I was selling what I knew to be authentic items. Neither the vendor or Ebay's site gave me any information to the contrary. Each time I would get a "freeze" warning, I asked how can I tell the difference and would never get a response. For this suspension note, I asked to see proof of the VERO complaint and they told me to get a subpoena. That and other research clearly tells me that while some VERO complaints are legitimate, some are in fact faudulent ones made up by Ebay and based on other sellers who sell the same items, reporting my listings. And now to top it off, they are instructing my buyers (even on completed listings) to file "not received" complaints to get a refund. Nothing but further effortby Ebay to smear my reputation and try to drain my Paypal account. Has anybody ever tried suing Ebay over these bogus practices?

[HurricaneHuntr]

the email they send users after you get suspended generates fear... that is for sure. So far, on my recent suspension,just 1 case was opened. i emailed the woman, she received the item the same day this all went down. She closed the case by saying, received item as described and i'm very happy. lol


no others yet, but it's gonna be a long 90 days...

[FandangoKango]

I feel your pain bmb, they do the subpoena thing since they know 99 percent of the time nobody will actually get a lawyer, but you should talk to a lawyer and see what he/she says. i haven't heard of real people sueing ebay, but big company brands have sued ebay!

[GreenBean]

Was the take-down an MC019? If so, look at this thread:

http://www.aspkin.com/forums/vero/97...hallenged.html

Info there should be of help

[Bmbr34]

@GreenBean

Takedown MC019 to suspension MC199. The "upgraded" to MC021 registration suspension after I emailed their exec office.

[jeffweico]

The problem is that under the Digital Millennium Copyright Act, your listing can be removed for trademark infringement by the VERO member and there is nothing you can do about it.

If they were claiming a COPYRIGHT violation, that is a different story. Then, you could file a counter-notice to get your item relisted. In that case, the copyright owner would have (I think) 7 days to file a lawsuit against you, otherwise it gets relisted.

I understand that copyright and trademark owners have a legitimate problem, but the DMCA just invites abuse. The way the law is written, all they have to do is make the claim as a trademark violation and the seller has no recourse. That is completely unbalanced and unfair.

[Bmbr34]

Yeah, I'm pi**ed about the suspensions, but isn't it illegal for them to tell buyers to file ⊗⊗⊗⊗ "not received" reports?

[GreenBean]

Originally Posted by Bmbr34

@GreenBean

Takedown MC019 to suspension MC199. The "upgraded" to MC021 registration suspension after I emailed their exec office.

nasty ebay.

[blkdude]

Yes it's illegal for them to come out and say that! I can see that ebay has prove it's a copy or counterfeit. They are only going by what others are saying. I really don't know which is worse ebay or paypal. Get a lawyer and take down ebay

[FandangoKango]

It would take a huge law firm to take down ebay since ebay probably has over a gazillion lawyers waiting by.

[jeffweico]

Originally Posted by Bmbr34

Yeah, I'm pi**ed about the suspensions, but isn't it illegal for them to tell buyers to file ⊗⊗⊗⊗ "not received" reports?

No. You are mistaking eBay for a courtroom. eBay does not have to PROVE that you are selling counterfeits to close your account. The suspicion is enough. It is called risk management.

If the copyright or trademark owner were to file a civil lawsuit against you, THEN they would have to provide a reasonable level of proof to the court showing that you sold counterfeit items. Be aware, however, that there is one exception to this - if you are sued and you don't show up in court, they will get a default judgment against you - and that does not require any proof of anything.

Now, if the copyright or trademark owner was able to convince a government prosecutor to file CRIMINAL chanrges against you, then they have to prove "beyond a reasonable doubt" that you sold counterfeit items. That is a higher standard of proof due to the huge fines and potential jail time involved. No private company or individual can put you in jail - only the government can.

In your case, you are upset because eBay sent email to your buyers telling them to file for refunds. This is a normal business practice for eBay. It is a STUPID business practice, but that is their decision.

Can you sue them? Probably, as long as you can prove your items are legitimate. But it wouldn't really matter. If you get an attorney and file a lawsuit, eBay will have their lawyers look into it. In the unlikely event they feel you could prevail, eBay's attorneys would advise eBay to settle the case. But you would most likely have to prove actual damages. You might get something out if it above and beyond that, but you would not be looking at millions of dollars or anything. Probably a couple thousand, tops.

Please understand that I am NOT an attorney and this is NOT legal advice. If you feel that you have been seriously wronged by eBay (or anyone for that matter) you should speak with a licensed attorney.

[Bmbr34]

My worry to would be if I did file suit against them for defamation that they might "encourage" the VERO member to go after me. Whether legitimate or not, would it be worth the heat? My thought is most likely not. It would have to be blatently obvious on their part.

[jeffweico]

Originally Posted by Bmbr34

My worry to would be if I did file suit against them for defamation that they might "encourage" the VERO member to go after me. Whether legitimate or not, would it be worth the heat? My thought is most likely not. It would have to be blatently obvious on their part.

I don't see this going anywhere. But, most attorneys will speak with you about the basics of your case for free (not all will, but most) and can give you an expert opinion on whether or not it is worth pursuing.

The thing is, in a company the size of eBay, no policy is ever implemented unless their attorneys sign off on it - sometimes the policies are reviewed by their in-house attorneys and also an outside attorney who is an expert in a specific area of the law. So, the chances of their actions resulting in liability for them are most likely pretty slim. But you never know...