Forum

AFACT sues me for selling on e-bay!!!
 

Before I start I've changed my user-name just cause I'm a lil paranoid.
I'm a user who often helps other soo any help my way would be greatly appreciated.

I sell a very common product on e-bay which I am now being sued for, yes they came from tradetang and yes just like everything from those sites it is a no no product.

Please stop reading now if you are just going to blast me! I really worship this site and really already feel like hell.

I received a letter in my po box today.
I've been sued by Australian federation against copyright theft.


What they have done is written
First line: Name: which is X.XXXXXXX
They only wrote the first initial of my first name not the entire thing.
Second line: They write. "AKA" and say my e-bay stealth name. For example daffy duck.
Third line: They write my po box.

They request 3 things all to be done in 14days.
- To seize importing
- Give supplier info.
- Send all merchandise to them.
- Pay $13K in compensation.
They say if not done AFACT reserves the right to instruct its legal reps to take action.

They take a picture of the product and attach to the document.
They take a picture of the back of the satchel and attach to document.

On the back of the satchel it had my stealth details and po box.

At the start I said they had my name as X.XXXXXXX.
They must have taken from signature on front of satchel.

Anyone been in this boat??

Assuming that AFACT is a REAL organization that represents rights owners, and also because they seem to have your real information, is sounds like you REALLY NEED an attorney.

Forum members may try to be helpful, but that is not a substitiute for qualified legal advice.

Yeah It's real, I was hoping that it was a scam letter to take my earnings but everything seems legit.

Thanks guys. I'm most likely going to pay it.
This chic in the US didn't pay something like $3000 for having one illegal MP3 and she fought lost and paid a million.
Soo I really cbf fighting but yeah I'll seek legal advice.

The account wasn't that much of a big seller. I'm sure this will start happening more often to others =(

Scary stuff. The weirdest thing is they knew the alias! the whole AKA my stealth name and then after my real name.

I'd love some more input as this is all I can think about.

Thanks.

Several points: they are important so pay attention.

It's no-one's business what you are selling. As the notice came from AFACT, most of us can guess what the items basically are.

More importantly, this is a notice of INTENT to sue. It's not gone as far as full legal action yet.

Therefore, you MUST seek legal advice. Either make an appoinment to see a Chamber Magistrate or find a solicitor to help you.

Dont be saying dont blast me when you have the responsibilty as a seller to know if an item is kosher or not. Not that we are not sympathetic but this is the real world. Dont do the crime if you cant do the time stuff.
AFACT have been hostile over the last 7 months. Many sellers in OZ have got such letters.

How have they managed to get your real name/address if you were using a stealth account?

Not 100%.

They may have asked for bank deposit and got my initials.
I sign the front of the satchel with my fist initial and last name.
I write my surname on the satchel so it is missing a letter. They got my surname perfect.
All my other e-bay/pay-pal details are stealth and completely different.
I really don't think that the post office would be able to verify my details.

Maybe *if they did ask for bank deposit I was silly enough to give my first initial and full last name.

I've got a feeling they have no idea what my first name is only the first letter..
So they have dear MR X.XXXXXXX

I'm seeing legal aid this week. Hopefully the amount they want can be negotiated.

Address is po box, they took this from the back of the satchel.

I am not a expert in this matter but i found a little info here worth a read,
⊗⊗⊗⊗ AFACT letter referred to AFP
⊗⊗⊗⊗ AFACT letter referred to AFP - Business - News
http://forums.whirlpool.net.au/archive/1585513

Double check the letter--> I think its ⊗⊗⊗⊗...:croc:

Funny how we all think the same. This is also the first thing that I checked when I
received the letter. Everything checks out. phone numbers. e-mails. Lawyer firm.
Even the persons name on the trust they want me to pay into checks out. They even put a reference number on the front for when I call. The letter actually has all my sales for the 2months the quantity listed and amount sold. The total they charged is based on these numbers. I figure e-bay wouldn't give these details to anyone.
I soo wish it was a hoax.. sigh =(

Well goodluck, time to lawyer up it sounds.

Maybe consult with a lawyer as people here have advised. I don't know much about this so don't quote me. But unless you are selling a lot of it and they are worth a lot, it doesn't seem reasonable that they are asking you to pay 13k.

Especially, when your not producing the items. All I'm saying is that sometimes it might just be a bluff and that even if they do take you to court the most they could get you to pay is probably 13k probably. But as you already mentioned probably not a great idea to hire a lawyer to fight the case of course its probably not worth it.

Maybe someone else can share their insight on this as well? And whatever you are doing don't do again, it must be not right.

Good Luck and let us know how it all turns out.