Are You a Victim with Regards to a Fraudulent Seller of Counterfeit Products?

[ewatson2003]

Some advice from a victim:

1. Although Ebay and Paypal have policies against selling counterfeit products, in real life, it is my experience that Paypal does not follow its own policy. Therefore, don't waste your time filing a Paypal claim if you paid via a credit card. My claim with Paypal was decided in my favour, however, they demanded I return (at my expense) the counterfeit product to the seller. In many countries it is illegal to mail counterfeit products, as it is here in Canada with stiff penalties. In addition, I understand that there are scams where the returned goods do not get you your refund. So you lose the product as-well-as your money.

2. After Paypal ruled in my favour, their Resolution Center only allowed me to either "Cancel Claim" or supply a "Tracking Number". This is not acceptable...

3. Instead of returning the products to the seller per Paypal's demand (Paypal cancelled my claim after 10 days for not providing a "Tracking Number"), I contacted my credit card company who instructed me to email my evidence to the Canadian Anti-Fraud Centre (RCMP). Although it took some time (Holiday backlog), they confirmed my received goods were counterfeit. Now my credit card company is processing the chargeback with no doubt of the outcome. Therefore, the seller will not get the product back, to resell, and he will also lose the money... GOOD! 

4. As of this writing, the seller continues to be a Ebay member selling products.  

[berubegirl]

Well done. Sounds like you wasted a lot of time because of ebay/paypal idiotic customer service but you were able to clear the problem in your favor and appropriately. Was this seller reported to authorities also?. Reporting the seller to ebay is useless since he is still making them money, ebay will not do anything whatsoever in fear of losing some potential gains. Ebay only cares about their money not yours/ours.

Truly amazing that paypal customer service try to force you to commit a criminal act by returning counterfeit. Sickening!

This should be sticky post as far as counterfeit products and returns are concerned

Thank you for taking the time to post your experience and solution.

[ewatson2003]

Hi berubegirl, Yes it was reported to the authorities as the Canadian Anti-Fraud Centre is a department of the Royal Canadian Mounted Police. The counterfeit confirming investigator is a member of their Criminal Intelligence Analytical Unit.

[femmefan1946]

This is good news.

The demand that counterfeit products be returned (with tracking) has been a problem and an annoyance for unhappy buyers for many years.

It is always a good idea to back a Paypal account with a credit card.

Not only does this mean the seller gets paid immediately, but the buyer has a second line of appeal should the transaction go pear-shaped.

It is interesting that your card company wanted a police report number before releasing the refund. This is also good, since it makes it less likely that scamming buyers (yes, they exist) would continue a fake claim if the police are involved, while an honest buyer would have no such qualms.

[chimera148]

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ewatson2003 wrote

4. As of this writing, the seller continues to be a Ebay member selling products.  

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Was this a tablet , the item # would be helpful ?

[mcrlmn]

A few months ago, I received a counterfeit 1937 Canada $5 dollar bill from an eBay seller.

The  XF grade banknote in the image in the listing had serial number: T/C 5222302 and was genuine.
I was quite pleased to win the auction, and looked forward to receiving my purchase.

I received a poor excuse of a counterfeit 1937 Canada $5 dollar bill; serial number: S/C 5134873.

I requested a refund from the seller.

Got a bit of resistance.

Not willing to posture for days, I informed him of Canada's counterfeit currency laws in the Criminal Code and reminded him of his return address on the envelope, which would be forwarded to the R.C.M.P.

Got a refund PDQ and was told to keep the counterfeit (proclaiming ignorance).

To date, the seller continues to sell banknotes on eBay.

[ironchachi]

It seems there is literally no end to this type of activity...it takes the community to weed them all out, and then of course comes the username change. What bothers me the most is that these people sleep quite comfortably at night.

[reallynicestamps]

In many cases, the transaction comes down to a 'he said, she said'.

And sometimes the buyer is not squeaky clean either.

One problem is language. Many sellers will use the word 'copy' as in 'This is a lovely copy of Scott#158, the 50c Bluenose'. and a customer will go nuts thinking it is not the real thing. Well, golly, Canada Post printed thousands of that particular stamp, and thousands still exist. And with print runs every one of those genuine stamps is a copy.

Unlike banknotes, stamps do not have serial numbers.

I've had customers complain that I was selling a 'marginal copy' of a stamp as VF when the photo showed that the stamp, with very fine centering, also had some of the selvedge from the margin of the sheet.

Then there are the guys who can't figure out the difference between 24K gold and 24K gold plating.

So, eBay is probably sensible to stay out of the arguement.

[ewatson2003]

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@reallynicestamps wrote:

So, eBay is probably sensible to stay out of the arguement.

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Legally, Ebay may not have that option per a number of lawsuits filed against it where plaintiffs contend that Ebay has a lax attitude toward the listing and sale of counterfeit products (Please see:  http://www.cnet.com/news/ebay-settles-lengthy-lawsuit-with-lvmh-over-counterfeit-goods/  )

[reallynicestamps]

The Louis Vuitton case was the reason eBay set up the VeRO programme, which, as I understand it, put the onus on manufacturers and copyright/patent holders to police the site and to confirm the authenticity of the products being offered.

[ewatson2003]

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@reallynicestamps wrote:

The Louis Vuitton case was the reason eBay set up the VeRO programme, which, as I understand it, put the onus on manufacturers and copyright/patent holders to police the site and to confirm the authenticity of the products being offered.

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That might be true but it is not all encompassing, it's only one out-of-court settlement between eBay and one plaintiff. There are others.

[berubegirl]

This thread needs to stay fresh for all the other buyers getting defrauded on an hourly basis here on ebay.

bump!

[prarie_nerd]

I've been ripped off a few times on fake nintendo games & autographs. Ebay & paypal have never helped. Even though they're not as described they want me to pay to return them. It's BS.
Last fall my husband was ripped off on a $700 game, when it was returned the seller refused the delivery. PayPal then denied the refund because it "wasn't returned", Visa got involved but because we didn't have the game & neither did the seller the had to dispute it & fight with paypal. It'sbeen 6 months & we still don't have an answer from visa

[ewatson2003]

Hi berubegirl , thanks for the bump! Also, I'm pleased to announce that my credit card company has credited my account with the full amount for this transaction!

[berubegirl]

Glad to hear everything worked out for you my friend. We were on a different forum yesterday and came across someone who got scammed by a scrupulous seller in the last month here on ebay. We mentioned your thread and gave them a link so they can read and act accordingly.

This thread/post should be sticky post.

[ewatson2003]

I agree!

[tomaka64]

Bump...Bump...Bump!

I just got ripped off exactly the same way after buying a fake silver bar.

[femmefan1946]

http://www.antifraudcentre-centreantifraude.ca/english/index.html

Deal with counterfeits as well as telephone scams.

[berubegirl]

Posted this link in another forum again for another ebay buyer which feels she bought counterfeit from an ebay seller.

Bumping the thread to make it easier for her to find it.

[hocotatefreight]

Something else that really bothers me is the eBay "daily deal" emails that link me to counterfit makeup...it's so obviously fake. I emailed MAC and reported the listing, the seller is still selling...so sad. There are just so many things I will not buy on eBay because of this issue.