eBay

canadian_horse · ‎05-10-2024

I received a VERO infraction for cufflinks I sold in February. The listing was removed, which I understand.

Yesterday, I received an email from a Florida, USA, based law-firm that is suing me for that VERO infraction, along with 478 other defendants they are also suing for similar VERO infractions.

I contacted the law firm to respond to lawsuit, but they just resent me the documents again without trying to resolve the complaint.

When I read the lawsuit, I am not sure if they want 2 million dollars per VERO infraction or $10,000 total - it's unclear to me. I earned a total of $41 profit and I obviously can't afford a $2 million + judgement or even a $10,000 judgement.

Can anyone offer me advice as to how to resolve this issue?

Is there someone at Ebay I should contact? Is there something I should do or say to the law firm to help resolve this issue?

Thanks

femmefan1946 · ‎05-10-2024

Ignore it.

You might contact the actual company and let them know their name is being used by the law firm.

canadian_horse · ‎05-10-2024

If I ignore it, Ebay will likely shut down my account and freeze any funds I have in the account.

I want to take care of this issue so I don't have it hanging over my head.

regs43 · ‎05-10-2024

First of all DON'T ignore it, that's bad advice. Companies can use email and other means to serve lawsuits these days and it doesn't have to be registered mail etc.

Second is this for the Lexus cufflinks? and who is suing you, Lexus? for using their name on an unofficial product? Does Lexus make cufflinks, I feel like they don't and that's the issue to start with. Meaning your items are an infringement on their trademark and or counterfit, you also had 7 pairs it looks like. Compaies often have people with lowfeedback buy items and everything seems fine and then bam there is an issue. Once they get your item they contact ebay say its fake and have it removed under VERO. They then have your information and add you to the Lawsuit they are putting together.

Other lawsuit issues I have seen talked about on various youtube videos from resellers it is a real issue that you need to deal with and not let it slide, or will be much worse.

I don't really have advice on how to proceed

flipistics · ‎05-10-2024

You should probably get a lawyer. They can make sure that this isn't just a fraud attempt (which it might be) and that a lawsuit has actually been filed. They can also make sure that the lawsuit would even apply to someone in another country, or whether the lawsuit would have to be filed in that country. I'm not sure it's legal to serve someone by email either, but laws have been changing recently so who knows at this point.

pjcdn2005 · ‎05-10-2024

It sounds like a SAD (schedule a defendant) lawsuit.

There is some information here.... https://www.ecommercebytes.com/2023/07/16/small-sellers-are-getting-swept-up-as-brands-weaponize-the...

There is probably other information n the net if you google it too. There are posts about it on the US firuns as well. You an also do a search for SAD on the US eBay forums

https://community.ebay.com

canadian_horse · ‎05-10-2024

The VERO is for Tesla cufflinks I sold.

I think the lawsuit is a Schedule A Defendant, as pjcdn2005 suggests. I am listed as a defendant, along with 478 other defendants related to Tesla infringement, across Ebay and other e-commerce sites.

I bought the cufflinks from AliExpress, from a very well-reviewed wholesaler. I didn't think about having VERO issues when I bought them. I realize now I was stupid for being so uniformed.

I sent an email to vero@ebay.com, as Ebay support suggested I do. I hope they can help me.

I am in Canada and the lawsuit has been filed in Florida court.

The problem is that i don't understand the lawsuit as I am not a lawyer and it is well beyond my level of comprehension. I don't even know how to proceed to remedy the situation. And I don't have $5,000 to pay a lawyer to have them review the lawsuit and start responding to it.

If I don't respond, I will lose. If I do respond I will lose. It's a no win as I can't afford any type of outcome financially.

canadian_horse · ‎05-10-2024

I don't even know how to respond or what to say. I sent the law firm who is suing me - on behalf of Tesla - an email asking them how to remedy the situation, but they just resent the lawsuit to me with no explanation.

So, even if I wanted to respond, I don't know what to do or say.