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Old 04-25-2011
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Default Best way to appeal suspended account from Copyright issue

Just stumbled on this forum and it seems you guys know more than a lot of people out there about all of this. Here's my situation:

I've used Ebay for several years, I worked with a company a long time ago (small company) and I was using my account to sell some of their products for them. Long story short, company screwed up, went under and I got shafted and suspended.

Fast forward a few years, after I tried opening another account, it got linked, suspended, etc.

Got married, moved to Florida and we opened up an account under my wife's name - new address, new account, etc etc.

Been selling with that account for almost 3 years now. I was a silver power seller and mainly sold NFL stuff and misc stuff I'd find in thrift stores, clearance places and all that. Started selling some adult DVDs that I bought by the box load. They were from an old rental place and it was just the DVDs. Look legit, full color artwork, etc. Everything has been fine with them until last month. I get one user who goes to buy about 6-7 different ones. He doesn't give me time to do an updated invoice and then spouts off about how his shipping wasn't combined and I was scamming him. I hadn't even had a chance to talk to him yet. I apologized, told him I had to manually do the invoice, but could refund the difference or give him another title to make up for the overage. He then goes completely bonkers, starts accusing me of selling pirated copies. At this point, I haven't even shipped them out. I look at his feedback, notice he's done that to a few sellers (saying they are selling pirated copies and got a refund) so I could see he was probably going to keep them and then claim they are copies and get a refund. I tell him, "we aren't interested in doing business with you," and gave him a refund. Then he sent several nasty emails and said he would make us "pay" for this and he's going to get us for selling copies (once again, he NEVER received anything from us). Then we get another seller a couple of weeks later. He buys about $100 worth from us. The DAY we drop them off in the mail, he says, "oh, I've decided I don't have the extra money and want to cancel my order." We tell him they've already shipped so we can't refund him. About a week after that, he sends a letter saying he feels they are copies with labels (once again, no labels, printed artwork on DVD, we checked all that) and wants all his money back (obviously still trying to make up for his "lack of funds"). We tell him he will have to return the DVDs to get a refund. He said he doesn't need to return "copies" and wants to keep the items AND get his money back. We tell him, he doesn't send them, we don't give a refund. He then files a case on Ebay. We agree to the terms that if he returns the items, we will issue a refund. He then just escalates the case to Ebay and they refund him without him returning the items.

A couple days after this, all of a sudden, ALL our items (even the non DVD stuff) are removed - about 140 items total. All our auctions are canceled and our account is suspended. I call up customer service asking why they suspended our account. They said due to copyright violation. I told them, there's no reason for this, we aren't violating anything and we know it's most likely due to a couple of users causing issues (keep in mind, previous to this, we received NO Vero notice, no warning about listing those items, never had a copyright issue with Ebay, etc). They wouldn't go into it, but said I could appeal the case and that he would rush it through to someone today. I said ok, responded to the email and now I'm waiting.

My question is, how do I go about winning this appeal ? Do I have to send them some samples, show receipts (Which I doubt I have the receipt for those anymore), etc ? Anyone had experience with this ? It's a little messed up they didn't just end the "offending" auctions but rather canceled EVERYTHING. I don't have a problem not selling any of those anymore, because the drama has been too much to deal with, but this WAS my main source of income and I need to know how to overcome this. Any help ?
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Old 04-26-2011
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Your screwed, they wont even listen to you
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Old 04-26-2011
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Hi I had same story as yours,

It really hell for this kind of eBay buyer. These people that ebay want to keep them. And they kick us out from their site. I had selling on eBay 3 years. I found 3-4 person like this. You can see that their behavior. How come some body have 100% FB because seller cannot give them -1 feedback to buyer..Right? They are ebay relation. Or eBay keep them for fraud the seller. eBay never care seller. When they want to get the free items from you. They will look your items at the auction start and plan to get it free.
-They will let selling activities go & bid your auction and won on the auction.
-They will do every conversation on eBay message board. Coz they can show every thing to eBay later.
-They will often write message to you everyday. such as where is my item? why the item late? The item is not right description. ect.
-They will find selling agreement such as combine shipment, delivery lead-time, combine material. Every things if they can find you had ignore some thing. They will start to get flight and get free items.

I lost my items and paypal took my money refund these people around 2,000 USD. in the past. We cannot avoid these people. They can use eBay agreement to steal the item from you..

But this case I call some body at Paypal. They said. If you shipped they items. You can keep tracking and sent the documents what you had done. eBay might not reinstate your account. But I think paypal will keep your money. I have one case and get win over buyer. After we sent delivery tracking info to paypal.

eBay has the rule for these people. If the fraud get dispute from 2-3 sellers in the same case. They also ban buyer. But I am not sure eBay will do that. Or I think seller never dispute these people. That they still alive on eBay.

eBay never care seller. They think many people can sell the same item. But the care buyer who pay money for items & Then eBay will steal money from seller after that..

Let buyer pay first & then eBay will start steal your money. eBay co with paypal for steal money...

GOD..when is the day after tomorrow? I would like to know. My idea. I still want sell on their web site. Let them go until I have some money from eBay to invest another business. Then I will say goodbye eBay..

You can sell VERO items. I do also. eBay never care VERO if customer has no complaint you. Let start and find ebay steal account. The best way you can do..Start with the eBay steal instruction. If you want more item sell on your eBay. PM me. I am sure you will see a lot margin with no compliant from customer. I have good experience to sell these VERO items. especially on eBay.. No customer complaint..

I have the buyer list as below. Be careful these name buyer.

Sorry to hear that happen

I C U-eBay..

Last edited by TGMT²; 04-27-2011 at 12:13 AM. Reason: Pointless threat
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Old 04-27-2011
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Someone give me a synopsis of this as I don't have time to read all this now ha...welcome to the forums until I have time to read and comment.
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Old 04-27-2011
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1st guy: Sold backup porn. Got caught. Played dumb with eB. want to know if account would be restored.

3rd guy: Got his thread deleted, so repeated the same crap here about a Thai living in HK selling vero. Got caught. Blame eb for not canning victims' accounts for complaining.
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Old 04-27-2011
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^^^ So thai porn basically?

Thanks for breaking it down

I would say...go stealth!
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Old 04-27-2011
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There is nothing wrong with trying to appeal, especially if the items in question are legitimate. However, you should be aware that eBay does NOT need to prove that you were selling copies to ban your account. And the eBay user agreement states that if a buyer receives counterfeits (copies would fall under this) then they do NOT have to be returned in order to get a refund. They only have to "certify" they were destroyed.

Nonsense? Of course it is. Scamming buyers learned quickly that this was a way for them to get free merchandise. eBay/PayPal ALMOST ALWAYS side with the buyers.

And, from their perspective, they have TWO buyers claiming you were selling copies. So, for them, that is likely enough "proof" to keep your account closed.

Contrary to popular belief, eBay does NOT have to allow you to sell on their site. They do NOT have to prove anything to ban you. If they perceive you as a risk, or even a POTENTIAL risk, they are within their rights to ban you. The only way to win a lawsuit against eBay for such a ban would be if you could prove they discriminated against you based on your race, religion, gender, etc. And that would be nearly impossible to prove, even if it were true (Note: as bad as eBay can be, I do not believe they discriminate for any of those reasons).

So go ahead and appeal, but don't expect miracles. If you get the account back, great. If not, go stealth.

As difficult as it is for you at the moment, this may turn out to be a blessing in disguise. If you spread your risk out over several stealth accounts, you are unlikely to get completely shut down in the future. Yes, you will lose an account here and there, but overall you will still be in business. That is the number one thing I LOVE about stealth.

Good Luck!

Last edited by jeffweico; 04-27-2011 at 08:04 PM.
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Old 04-28-2011
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All of this is based on personal preference, but I would say you need Four or Five Stealth accounts. This lessens the amount of money running through PayPal and eBay like sellers who only sell a low amount each month (low risk).

How can I put this next bit without offending anyone? Lol!! Screw it...I'll just say it.

Your 'target audience' is VERY LIKELY to contain several 'bad egg' buyers....this will happen time and time again. I mean, at the end of the day, you're not selling Rolex Watches to wealthy Business Men are you?!?!? You're target audience is volatile and I am amazed that you have only had two 'issues' so far. With four or five Stealth accounts you will soon find that you will be so much less 'stressed' when you find yourself with a bad egg buyer.

Click this link stealth guide and you'll be far better off than you were before you logged on here!!
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