Duped eBay buyers due millions in counterfeit product refunds

[Kimbo]

Those that bought clones please read:

The Counterfeit Report has their favorite target, eBay, in its sights again with claims that the online retailer owes buyers millions in refunds under eBay's Money Back Guarantee.

They say consumers may not even know they’re entitled to these refunds, even when eBay knows the buyers purchased a fake product.

“While each eBay listing clearly proclaims ‘Get the item you ordered or get your money back’– that only happens if the buyer knows they received a fake product and undertakes a time consuming, dysfunctional and arbitrary eBay counterfeit refund process"

eBay says items with a company’s name or logo on it, which are not actually made or endorsed by the company, are not allowed on the site. They encourage buyers to report suspected counterfeits.

“Items that bear a company's official brand name or logo can be listed as long as the products were lawfully made by, for, or with the consent of that company,” states eBay’s policy.

“We don't allow replicas, counterfeit items, or unauthorized copies to be listed on eBay. Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated. These kinds of things may infringe on someone's copyright or trademark.”

The Counterfeit Report says consumers expect to be notified by eBay if they have received a fraudulent, dangerous or deadly counterfeit product and are entitled to an eBay money back guarantee refund.

“The fact is, that doesn't happen,” according to the site.

“In reality, a buyer viewing their eBay purchase history is deliberately misled with a deceptive eBay message for removed counterfeit products. The counterfeit purchase on eBay is hidden from the buyer with the eBay's statement; ‘If you've already sent payment, the sale should process as normal and you don't have anything to worry about.’”

For its part, the online retailer says it is constantly working on ways to make the site safer by removing suspicious items, removing items reported as counterfeit by brand owners, working closely with law enforcement to prosecute offenders, enforcing selling limits on some items, restricting seller activity in certain areas, providing free tools for rights owners to efficiently identify and report items for immediate removal, and partnering with brand owners and industry initiatives to bring attention to the issue of counterfeit products.

However, the Counterfeit Report says eBay isn’t doing enough to protect buyers, and claims the counterfeit items sold online may be dangerous or deadly.

“The Counterfeit Report website shows consumers a visual guide to hundreds of difficult to identify and deceptive counterfeit products, many purchased on eBay.”
Examples include counterfeit Apple iPhone USB chargers, which The Counterfeit Report claims caused one death, injuries, fires and damaged equipment “yet are common on eBay. Just one of many sellers identified by The Counterfeit Report test purchases has sold 4,600 chargers.”

“If a buyer actually discovers they purchased a counterfeit, eBay directs the buyer to return the counterfeit item to the seller for a refund -- a violation of US Postal Regulations and Federal Law. Counterfeit products are easily recycled and resold by the seller, and generate eBay transaction fees.”

They go not to claim that if a buyer challenges eBay's return demand, eBay refuses the refund, allowing just 3-5 days to obtain a manufacturer's written confirmation. If provided, there is an eBay demand for a destruction of the counterfeit item declaration.

“However, destroying evidence is a crime.”

A two-year investigation by The Counterfeit Report included over 1,000 counterfeit products purchased from eBay sellers. One manufacturer reported over one million counterfeits of their $29.95 MSRP product sold on eBay.

A two-year investigation by The Counterfeit Report included over 1,000 counterfeit products purchased from eBay sellers. One manufacturer reported over one million counterfeits of their $29.95 MSRP product sold on eBay.

“The counterfeit complaints fell on deaf ears, and many of the products and sellers remain on eBay and continue to sell to unsuspecting eBay consumers. Prior buyers were never notified.”

In August, a lawsuit was filed against eBay, PayPal and various eBay sellers for trademark infringement and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) linked to the sale of fake products on eBay.com.

According to Lawyersandsettlements.com, the plaintiff, who has registered trademarks for various products including iPhone cases and iPhone watch cases, alleges that as many as 2,000 eBay sellers, including the sellers named as defendants in the lawsuit, are using its trademark to sell fake products. The lawsuits claims eBay and PayPal knowingly and deliberately facilitate and profit from the sale of counterfeit products.

According to Deborah Klar, co-counsel with R. Rex Parris Law Firm on the lawsuit, the plaintiff, Wimo Labs, has sent more than 5,000 notices of claimed infringement to eBay since 2013, requesting the auction site remove the fake products. The same or similar fake products continue to be listed on eBay.com.
“As a result of the sale of these fake products on eBay, our client has suffered substantial damage,” Klar says.

“The sale of fake products causes consumer confusion, adversely affects the Lunatik brand and also means our client has lost sales.”

The lawsuit alleges eBay is also engaged in soliciting eBay buyers to purchase fake products and provides specific examples.

“On the one hand, eBay says it wants to curtail these [counterfeit] practices but the program it has to do that, called the Vero program, appears to be a sham,” Klar says. “It doesn't accomplish what it’s supposedly intended to do.” (The lawsuit is Wimo Labs, LLC, v. eBay, Inc, et al., Case number 8:15-cv-01330, in U.S. District Court, Central District of California.)

The Counterfeit Report has a list of suggestions for consumers to follow if they receive a counterfeit item on eBay.

Never return the counterfeit item. It is a violation of US Postal Regulations, Federal Law, and the only evidence for your dispute.
Notify eBay immediately at (866) 540-3229, and open a refund claim under eBay’s Money Back Guarantee.

If eBay doesn’t satisfy your claim, dispute the credit card charge. You have the counterfeit product as proof of your claim and to support the negative feedback you leave for the seller to protect other consumers.
Some cases or arbitrary eBay decisions may require more aggressive action.

[Marley]

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