Being Sued for selling DVD's - eBay Suspended & PayPal Limited Forums
eBay Suspension & PayPal Limited Forums  
Join Today
Register Subscribe
     

Registration is fast, simple and absolutely free so please, join our community today!


Go Back   Home > Subscriber's Area > Subscriber Discussions

Subscriber Discussions The juicy stuff...

Closed Thread
 
Thread Tools
  #1  
Old 10-20-2010
FonkyChicken's Avatar
Junior Member
 
Join Date: Jun 2010
Posts: 47
Thanks: 1
Thanked 4 Times in 3 Posts
Activity: 0%
Longevity: 80%
iTrader: (0)
Default Being Sued for selling DVD's

Hi guys

I was borrowing my sisters ebay account and selling some DVD's on there.
no negative feedback and passed the verification process via ebay only ( paypal didn't ask). But they did say we will re-instate your account so long as you don't sell DVD's on this account anymore. Which I haven't.

Today my sister got a bill of $8,000 for selling DVD's on ebay.
And something about them sueing for that amount. I had trouble understanding her message on the phone because she was crying too much...

I haven't seen the bill so this is all the info I have. But I have trolled this site a lot and have never seen anything like this happen with anyone else ?

Do ebay sue sellers because I haven't seen anything about it ?

Why would they send a bill for $8,000 ?

All of the seller account fee's have been paid. although this is roughly the amount made from selling them.

Any help would be HIGHLY appreciated!!!
The complete step-by-step guide to get back to selling today!

  #2  
Old 10-20-2010
MadSam's Avatar
Senior Member
 
Join Date: Nov 2008
Posts: 875
Thanks: 80
Thanked 165 Times in 95 Posts
Activity: 0%
Longevity: 89%
iTrader: (3)
Default

Something's not clear, it won't be eBay suing for what you sold unless you owe fees. What is the law firm or do I have a funny feeling it begins with a J?

Last edited by MadSam; 10-20-2010 at 11:26 PM.
  #3  
Old 10-20-2010
GreenBean's Avatar
Executive [VIP]
 
Join Date: Sep 2007
Posts: 42,343
Thanks: 5,612
Thanked 9,142 Times in 7,106 Posts
Activity: 0%
Longevity: 96%
iTrader: (6)
Default

AFACT is having a blitz in Australia at the moment. No doubt it is their solicitors that have sent notification
__________________
REAP WHAT YOU SOW. LIFE IS SO NOT FAIR.
  #4  
Old 10-21-2010
kozij's Avatar
Junior Member
 
Join Date: Aug 2010
Posts: 45
Thanks: 0
Thanked 9 Times in 8 Posts
Activity: 0%
Longevity: 79%
iTrader: (0)
Default

The perks of having a stealth account
I'm guessing by what I've read on the forums is that if it was signed for then that's a bad situations as you have proven that you have received the letter, but if it was sent via regular/express post then to ignore the letters as they are scare tactics. Or perhaps ignore the letter altogether? $8000 is a fair fine so it may be pursued, what do others think? I'm sure more knowledgeable members will expand on this or correct me.
  #5  
Old 10-21-2010
jeffweico's Avatar
Executive [VIP]
 
Join Date: Mar 2010
Posts: 7,217
Thanks: 895
Thanked 4,069 Times in 2,169 Posts
Activity: 0%
Longevity: 81%
iTrader: (12)
Default

Copyright and trademark owners are getting VERY AGGRESSIVE about stopping the sale of counterfeits of their products. eBay, and the internet in general, are flooded with them.

A common tactic here in the USA is to have an undercover buyer purchase a product from you so it can be analyzed. If it is found to be counterfeit, you get sued. Apparently this is starting to happen in Australia as well.

This case is particularly sad, because an innocent party (sister) is involved. The two lessons here are:

1) NEVER use the account of a relative or friend to sell on eBay. Not even with LEGITIMATE merchandise.

2) STOP selling counterfeits!

It is not eBay who is suing your sister, it is whatever company owns the copyright and/or trademark in question.

At this point, especially if she was served with court papers, you need to speak to an attorney. You need professional advice, not advice from an internet forum.

As for the family relationship, it will probably be strained, and you may be considered the "black sheep" for awhile.

Best advice: Speak to an attorney and do whatever you can to make this right with your sister.
The Following User Says Thank You to jeffweico For This Useful Post:
rcdrivertim (10-21-2010)
  #6  
Old 10-21-2010
FonkyChicken's Avatar
Junior Member
Threadstarter  
 
Join Date: Jun 2010
Posts: 47
Thanks: 1
Thanked 4 Times in 3 Posts
Activity: 0%
Longevity: 80%
iTrader: (0)
Default

Yeah well ... it actually suggests in eBay Stealth to use a 'relatives' account.. not terribly good advice in this case.

It's a solicitor working for AFACT I can't recall the name right now. that has sent the bill. I stopped selling DVD's about 3 months ago. She did sign for it because she didn't know what it was at first. I suggested she tell them she didn't know anything about it, because she hasn't even used that account in a very long time and she knew next to nothing about what was going on with it. At the time the option to use her account was purely because she had high feedback and didn't sell at all on it.

And accounts do get hijacked (shrugs) I'm just at a loss for words.. I'm completely shell shocked.

They mentioned that if a cheque isn't received be the end of the month then further action will be taken including extra costs etc.
  #7  
Old 10-21-2010
kozij's Avatar
Junior Member
 
Join Date: Aug 2010
Posts: 45
Thanks: 0
Thanked 9 Times in 8 Posts
Activity: 0%
Longevity: 79%
iTrader: (0)
Default

I've received letters like that before and have complied, bare in mind this was before I knew about this forum. The forum would most likely say to leave the letters and ignore any proceeding letters. BUT, this is the view of the forum. Whether you take on these methods as an acceptable way to deal with the issue is entirely up to you. Like jeffweico says, an expert in the field (attorney) may be a more viable option. I hope it clears up soon. I remember the dread that overwhelmed me when that letter came, and boy it was not a small sum!
  #8  
Old 10-21-2010
FonkyChicken's Avatar
Junior Member
Threadstarter  
 
Join Date: Jun 2010
Posts: 47
Thanks: 1
Thanked 4 Times in 3 Posts
Activity: 0%
Longevity: 80%
iTrader: (0)
Default

Hey Kozij.. when you say you complied .... you mean you just paid them off ?

YEah I hope it clears up soon too... if the letter came direct to me I wouldn't be bothered.... I would ignore it. But she's freaking out so It's more of having to deal with her... because she wants to just pay it so she doesn't get a bad name and I'm like 'Hell no.... it's not her responsibility to pay it!.

She doesn't have that kind of money and neither do I.... any money I made went back into either buying more stock or putting it toward other squeeky business ventures.... because that's where I was heading until this happened. It's really hard finding work in AUS with the economy the way it is..... for me the whole ebay thing was just a means to an end to be able to be able to fund a squeeky legitimate business.


I just don't understand why they just didn't pull the ebay account instead of this!! No vero alerts, 100% feedback this is BS

What I really don't understand this letter came today! and not a single set has been sold on that account in about 3 months..... The only thing I could think to tell her was to advise the solicitor that sent the letter that she has absolutely no knowledge of this situation and thinks her account has been hijacked....... google it.... Ebay account hijacking is uber common... those nigerians seem to stop at nothing.

I know in forums it's too easy to be blaze and troll it.... 'Yeah man just tell her to wipe it on her ass and post it back to the solicitor' worst case scenario he'll feel a little nauseous. But this is serious because it wasn't a fully stealth account. I was building those up on the side to a decent level of feedback.

I'd like to know of anyone in Aus or the US that has actually ignored one of these letters and whether or not further action was taken ?
  #9  
Old 10-21-2010
arshavin's Avatar
Senior Member
 
Join Date: Apr 2010
Posts: 853
Thanks: 3
Thanked 39 Times in 30 Posts
Activity: 0%
Longevity: 80%
iTrader: (1)
Default

I hope this ends well for you mate. Maybe try and negotiate the price down to something you can afford?

To the regs on here. If this was a stealth account would there be nothing to worry about?
  #10  
Old 10-21-2010
kozij's Avatar
Junior Member
 
Join Date: Aug 2010
Posts: 45
Thanks: 0
Thanked 9 Times in 8 Posts
Activity: 0%
Longevity: 79%
iTrader: (0)
Default

Quote:
Originally Posted by FonkyChicken View Post
Hey Kozij.. when you say you complied .... you mean you just paid them off ?

YEah I hope it clears up soon too... if the letter came direct to me I wouldn't be bothered.... I would ignore it. But she's freaking out so It's more of having to deal with her... because she wants to just pay it so she doesn't get a bad name and I'm like 'Hell no.... it's not her responsibility to pay it!.

She doesn't have that kind of money and neither do I.... any money I made went back into either buying more stock or putting it toward other squeeky business ventures.... because that's where I was heading until this happened. It's really hard finding work in AUS with the economy the way it is..... for me the whole ebay thing was just a means to an end to be able to be able to fund a squeeky legitimate business.


I just don't understand why they just didn't pull the ebay account instead of this!! No vero alerts, 100% feedback this is BS

What I really don't understand this letter came today! and not a single set has been sold on that account in about 3 months..... The only thing I could think to tell her was to advise the solicitor that sent the letter that she has absolutely no knowledge of this situation and thinks her account has been hijacked....... google it.... Ebay account hijacking is uber common... those nigerians seem to stop at nothing.

I know in forums it's too easy to be blaze and troll it.... 'Yeah man just tell her to wipe it on her ass and post it back to the solicitor' worst case scenario he'll feel a little nauseous. But this is serious because it wasn't a fully stealth account. I was building those up on the side to a decent level of feedback.

I'd like to know of anyone in Aus or the US that has actually ignored one of these letters and whether or not further action was taken ?
Yeah, I paid them off, though it wasn't in the DVD area. And they didn't even give me a price. They asked me for bank invoices, paypal invoices, supplier invoices, etc etc. I was young and naive and scared ****less! So I signed the letter and returned it, phone call came my way, told me to pay a sum that was close to yours in the next 3 months, copped it on the chin and paid up. That was on my friends account also. He got a letter, replied saying he didn't know anything about it. They called me, I agreed, he was fine and never heard from them again. I always wonder what would have happened if I had ignored it, but the voice messages on my phone + constant letters really did shake me up, what can I say, they are good at their scare tactics.

Quote:
Originally Posted by arshavin View Post
I hope this ends well for you mate. Maybe try and negotiate the price down to something you can afford?

To the regs on here. If this was a stealth account would there be nothing to worry about?
Negotiating = guilt, so if you decide to negotiate and then they refuse and then you ignore proceeding letters, they have evidence that you knowingly sold ⊗⊗⊗⊗ goods as who in their right mind would negotiate on a claim like that if you thought they were real.
  #11  
Old 10-21-2010
GreenBean's Avatar
Executive [VIP]
 
Join Date: Sep 2007
Posts: 42,343
Thanks: 5,612
Thanked 9,142 Times in 7,106 Posts
Activity: 0%
Longevity: 96%
iTrader: (6)
Default

Quote:
Originally Posted by FonkyChicken View Post
Yeah well ... it actually suggests in eBay Stealth to use a 'relatives' account.. not terribly good advice in this case.

.

Absolutely terrible. NOT. Considering you choose to sell phakes why blame eBay Stealth for that
__________________
REAP WHAT YOU SOW. LIFE IS SO NOT FAIR.
  #12  
Old 10-21-2010
oompaloompa's Avatar
Executive [VIP]
 
Join Date: Jul 2008
Posts: 9,590
Thanks: 503
Thanked 1,484 Times in 1,192 Posts
Activity: 0%
Longevity: 91%
iTrader: (7)
Default

a relatives address, is ok with their permission, in terms of getting round the banned address issue, however never do anything dodgy or allow fees debts to head that way.

Anyway an email is not legal service, but a letter is, did you use her name or give her ID. If you used a mixture of her address but your name or different name, then you may be safer. I agree dont negotiate,

Update us
__________________
https://youtu.be/bn4t0BuClbw
  #13  
Old 10-21-2010
jamblix's Avatar
Senior Member
 
Join Date: Feb 2010
Posts: 875
Thanks: 162
Thanked 200 Times in 145 Posts
Activity: 0%
Longevity: 82%
iTrader: (0)
Default

Would you mid sharing what DVDs they were so we can get a heads up? Workout DVDs? Disney? TV Box Set?
__________________
“You have to learn the rules of the game. And then you have to play better than anyone else.”

-Albert Einstein
  #14  
Old 10-21-2010
cardfelon's Avatar
Executive [VIP]
 
Join Date: Feb 2010
Posts: 1,762
Thanks: 95
Thanked 312 Times in 257 Posts
Activity: 0%
Longevity: 82%
iTrader: (1)
Default

The OP is in Australia so I don't really think that compares to the US. We all pretty much know what dvds will lead to troubles here in the US
  #15  
Old 10-21-2010
pod's Avatar
pod pod is offline
Executive [VIP]
 
Join Date: Apr 2009
Posts: 2,581
Thanks: 592
Thanked 508 Times in 328 Posts
Activity: 0%
Longevity: 86%
iTrader: (0)
Default

If you sell counterfeit product it may as well be drugs. So seriously, dont have it tied to you or someone you know. Man, that's a no brainier.

You cant leave your sister hanging so you need to help her convince them she's been duped and hijacked. If not its all on you. Had this been stealth....
  #16  
Old 10-22-2010
jeffweico's Avatar
Executive [VIP]
 
Join Date: Mar 2010
Posts: 7,217
Thanks: 895
Thanked 4,069 Times in 2,169 Posts
Activity: 0%
Longevity: 81%
iTrader: (12)
Default

Here is where the "ignore the letter" advice stems from.

Here in the USA, there is a law firm called Johnson & Pham. They represent the owners of the P90X, Your Baby Can Read, Shaun Insanity and other popular products. They regularly remove eBay auctions for their client's products. They get user information from eBay and send a threatening letter accusing the recipient of selling counterfeit merchandise.

A friend of mine received one. She listed her LEGITIMATE set for sale on eBay after her husband had not used it in nearly a year. She was really freaked out about it. So I did some digging and found out that they send many letters, but file few lawsuits. You can find out more about his by doing a Google search. Many people do so and choose to ignore the letter from J&P.

But that does not mean that every copyright holder takes the same approach. More and more, the movie studios especially are having undercover buyers purchase items from sellers they believe to be selling counterfeits. This gives them the proof they need in court to win their case. Then they file a lawsuit for damages.

And I am not trying to personally attack you, but you REALLY need to change your attitude and speak with an attorney. SERIOUSLY.

So far, your response has been:

1) I don't have the money, I spent it on more merchandise and for other stuff.
2) I'm shocked, how can they do this.
3) I'll tell my sister to lie and say someone hijacked her account.
4) It's the stealth guide's fault because it says using a relative's address is OK.

Do you see where I am going with this? Do you see the pattern here? EVERYONE but YOU is to blame for the situation you are in. And that could not be further from the truth.

I have read the stealth guide and refer to it often. NOWHERE in the guide does it say that selling counterfeit merchandise is OK. The guide shows you how to use techniques that are PERFECTLY LEGAL to get back on eBay. If you decide to add counterfeit merchandise to the mix and turn it into a criminal enterprise, that is on YOU, DON'T blame the guide!

Blaming your sister for signing for the letter is just reprehensible! Telling her to lie for you is even worse.

Trust me, if they want to investigate what happened, they CAN find the truth! Payments had to end up in a bank account eventually. A subpoena can get the account holder information from the bank easily enough.

Right now, what you want is for this to go away, with no consequences. I doubt that will happen. You need to come to terms with this.

YOU decided that selling counterfiets was easy money. YOU involved your sister. YOU got caught.

If you get an attorney, you can minimize the damage. Hopefully, the attorney will be able to get them to leave your sister alone. That should be priority number one! Then, maybe they can negotiate a settlement with the copyright owner. A good attorney can REALLY HELP YOU!

The alternative is to further involve your sister in this mess and have her lie for you. But, believe me, they have heard these lies before. And if they have to investigate further and they nail you, don't expect any mercy. They will want the largest judgment the court will allow. And your sister could end up in even more trouble.

THINK ABOUT IT - you were not smart enough not to get caught in the first place. So what makes you think that now you are smart enough to beat an experienced copyright attorney at their own game?

Sorry if this is harsh. I'm not trying to personally attack you. I'm trying to make you see REALITY.

Last edited by jeffweico; 10-22-2010 at 01:15 AM.
The Following User Says Thank You to jeffweico For This Useful Post:
slapped (10-22-2010)
  #17  
Old 10-22-2010
holymoly's Avatar
Senior Member
 
Join Date: May 2010
Posts: 842
Thanks: 30
Thanked 72 Times in 55 Posts
Activity: 0%
Longevity: 80%
iTrader: (1)
Send a message via Yahoo to holymoly
Default

. Great advice; however, he is in AU. I heard they are cracking down on all that stuff right now.
  #18  
Old 10-22-2010
FonkyChicken's Avatar
Junior Member
Threadstarter  
 
Join Date: Jun 2010
Posts: 47
Thanks: 1
Thanked 4 Times in 3 Posts
Activity: 0%
Longevity: 80%
iTrader: (0)
Default

Quote:
Originally Posted by GreenBean™ View Post
Absolutely terrible. NOT. Considering you choose to sell phakes why blame eBay Stealth for that

Yeah sorry GB I wasn't thinking straight man.
  #19  
Old 10-22-2010
FonkyChicken's Avatar
Junior Member
Threadstarter  
 
Join Date: Jun 2010
Posts: 47
Thanks: 1
Thanked 4 Times in 3 Posts
Activity: 0%
Longevity: 80%
iTrader: (0)
Default

Hi Jeffweico
Yeah I totally understand where you are coming from and it is sound advise.... I'm not trying to blame anyone else It was just a bit shell shocked.

I spoke with my sister again tonight. who confirmed that the letter in question wasn't signed for.. she wasn't in her right mind and wasn't sure why she said that.

She received it in the mail. She spoke with several unrelated law firms who think this is a phishing scam.

Because the doesn't quote specific items, they mention quite a few studio's that I haven't had any DVD's sold from. They find it suspicious that a demand for that amount of money is to be complied with in such a short amount of time AND to be paid into a trust fund.

The amount in question has been seemingly pulled out of thin air with no representation on the amount of actual sales. The ebay and paypal accounts are still fully functional without any contact from there side.

hmmmm *strokes invisible beard
  #20  
Old 10-22-2010
FonkyChicken's Avatar
Junior Member
Threadstarter  
 
Join Date: Jun 2010
Posts: 47
Thanks: 1
Thanked 4 Times in 3 Posts
Activity: 0%
Longevity: 80%
iTrader: (0)
Default

Quote:
Originally Posted by GreenBean™ View Post
Absolutely terrible. NOT. Considering you choose to sell phakes why blame ebay stealth for that
For the record: I didn't say anything on here whatsoever about selling phakes.
  #21  
Old 10-22-2010
GreenBean's Avatar
Executive [VIP]
 
Join Date: Sep 2007
Posts: 42,343
Thanks: 5,612
Thanked 9,142 Times in 7,106 Posts
Activity: 0%
Longevity: 96%
iTrader: (6)
Default

Stop now. You're ahead (just). You are not being judged but posters have gone out of their way to offer advice.
That's what the forum does and as was stated take outside legal advice.
__________________
REAP WHAT YOU SOW. LIFE IS SO NOT FAIR.
Closed Thread



Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Anybody sell Disney DVD's? qwat Dropshipping & Wholesale Suppliers 36 01-29-2011 08:01 PM
Where to sell DVD's??? zeevik03 General Platform Discussions 6 01-16-2011 10:20 AM
Blu Ray DVD's>>>>>......... consolerepair Dropshipping & Wholesale Suppliers 2 04-01-2010 07:06 AM
Please help - about to be sued for selling questionable goods? advise needed.. thanks gotme2 eBay Discussion! 8 07-05-2008 12:02 AM


Aspkin Group

All times are GMT -5. The time now is 05:56 AM.


Stop the guessing games and learn how you can quickly and easily get back on eBay today!
Read the best selling step-by-step eBay Suspension guide eBay Stealth!
Amazon Suspension? Read Amazon Ghost to get back on Amazon!
vBulletin® Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Ad Management by RedTyger
no new posts

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58