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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.
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