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Old 10-14-2010
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Default Letter from attorney sent FedEx, NOT from Johnson & Pham

I got the same threat letter that it sounds like many others here got after selling 2 items on Ebay of YBCR. The thing is, I never got an email about it, Ebay has NOT suspended my account and this is the first thing I've gotten in the mail. The letter is not from the lawyers others have mentioned (Johnson and Pham), but from an attorney saying he works for Your Baby Can, LLC. He says one of their undercover people bought one of my YBCR sets and they are demanding $919.00 immediately or they will file suit. They said they have confirmed my contact info with Ebay, although like I said, Ebay has not emailed me or suspended my account. Any thoughts?

The letter was sent by FedEx Express, not signed for, but left lying on my front porch.
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Old 10-14-2010
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thats a scam,, when it comes to being tricky i done it all or thought of it all, its a bull**** scam..

EXAMPLE

(1) someone buys this item from you off of ebay..


(2) they now have your return address because you may have had it on your return label you sent to him, or got it through paypal.

(3) now the offender makes a great looking attorney letter saying you owe them money etc... and to send to their office. in all actuality their office is probably a ups store with a street name PO box.....

(4) they then cash your check or money order,, maybe paypal, or however you pay them and you wont think twice about filing a dispute, you think it is legit.

(5) you think This must be true, how else did they know i bought this item.. ****?? lol

Its all part of a very 1st grade beginner scam...

if it is not from "Johnson and Pham" its bull****.. especially since Ebay did not even send you anything or viloations....
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Old 10-14-2010
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Unless you get something by certified mail then I wouldn't worry about it at all.
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Old 10-14-2010
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Most of the Bar Associations in each state have an "Attorney Lookup" feature on their website. You can enter the name of the attorney and see if they are actually registered.

Also, if the letter is friom a REAL law firm, they will have a phone number listed - A REAL ONE - not a cell phone. Type it into Google and see what comes up.

Law firms are easy enough to look up. And it *IS* conceivable that YBCR could have hired another law firm to represent them. Undercover buyers DO exist. And Johnson & Pham may be the most famous (or infamous) Intellectual Property law firm, but they are not the ONLY one.

And I would question the scam aspect of this. Think about it. If you wanted to run a scam like this, would you make several purchases of a product that costs $100 or so on the chance that the seller would eventually pay you $900? Most people, if they get such a letter will investigate to see if the attorney is real or not. Nobody is just going to write a $900 check because of a letter.

You can also look up your sales. Was a sale made to one of the attorneys, or someone at the address of the law firm?

And, to verify an attorney 100%, you could always call the Bar Association in their state and ask if such a firm exists. If they exist, then they MUST be reigistered with the Bar Association. Membership is NOT optional like it is with Doctors and the American Medical Association.

I would also add that selling counterfeits (if that is what these are) is really not such a great idea. eBay, and the internet in general, are absolutely FLOODED with counterfeit merchandise. The copyright and trademark owners have been begging the government to intervene for years, but have not had much luck. More and more of them are hiring attorneys and taking matters into their own hands.

Having said that, a private company or an individual CANNOT put anyone in jail. Only a government prosecutor can do that. But copyright and trademark owners CAN sue in civil court for damages. And if they can prove you sold a lot of them, they can always try to convince a government prosecutor to file criminal charges against you. That is RARE, but it DOES happen.

Last edited by jeffweico; 10-14-2010 at 10:43 PM.
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just because the firm exists dont mean it is them.. lol

i can make a letter and find the most prestigious lawfirm in the state.. give their address and all with phone number.. that dont mean it is real. lol thats like giving ebay and paypal this stealth info.. you do it but you arent that person..


bottom line is.. who does it say make the check payable too?
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Old 10-14-2010
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Quote:
Originally Posted by fenway View Post
just because the firm exists dont mean it is them.. lol

i can make a letter and find the most prestigious lawfirm in the state.. give their address and all with phone number.. that dont mean it is real. lol thats like giving ebay and paypal this stealth info.. you do it but you arent that person..


bottom line is.. who does it say make the check payable too?
Yes, that is true. But all of this can be checked. And you are also right about the check part. But scammers can register a company under a SIMILAR name and get a bank account. Then they deposit the checks and the bank thinks the slight misspelling is a typo.
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Old 10-15-2010
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It is a Scam 100% GUARANTEED,,,,,,,,,,,,,,,,,,,,,,,

A Legit Law Firm would:

1) Be a VERO Member
2) Obtain you contact Information fron Ebay
3) Report your Listing to Ebay,,Resulting in a VERO Violation

So,,,If you Did NOT Hear Anything From Ebay,,,You are Being Scammed
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The 3 Keys to Success are:,,,,Research, Research, and More Research,,,,,
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amen to that
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Default Ignore the letter

Simple ignore the letter, make sure not to accept registered post as next letter would be registered post, simple ask mailman to leave it at the post office, once you go to the post office decline it and specify this person does not live here, you are good to go, I have bundle of those letters some 15,000 dollars, some more then this, they can take you to court, since it is a civil court, it is up for laughs, they will have hard time collecting any money. For 900 this is just pennies, and no company will go after this laughable amount, Attorney cost is 300 - 400 per hour that represent those companies, not worth even an hour of time. Do not worry.
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Old 10-16-2010
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Thanks for all the advice. I REALLY appreciate it. I'll let you know what happens with this. I have checked and rechecked email and Ebay, and no, i never got a thing from them nor was this account closed or suspended at all. Thanks.
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Old 10-26-2010
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Default Just an update....

Hi. I just thought I'd let the group know I still have never heard anything else. No email from Ebay or anyone and no suspension.
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Old 10-26-2010
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Good to hear!! Keep us posted if something happens.
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Default Anything?

Just wondering if anything has happened since last year?
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Old 03-30-2011
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Hi. No, I never heard anything else from them. Not one thing. Their big scary letter had to have been a scam.
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Old 03-30-2011
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Good follow-up
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