Quote:
|
They have had so many complaints from buyers that they keep adding disclaimers to their descriptions. Now on every single sports related item, they put: Believed to be Not Authentic, Please Bid At Your Own Risk and Rely On Your Own Inspection and Judgment
|
It appears the auction house needs a disclaimer for the disclaimers.
Quote:
|
My first thought was that if they believe it to not be authentic then they shouldn't be selling it. I bought a PSA/DNA Barry Sanders autographed 8x10. When I picked it up, I found that it was a photocopy of a Barry Sanders PSA/DNA autographed photo. It was just a piece of paper in a frame.
|
The Sanders 8x10 auto displayed a PSA/DNA sticker. The auction description failed to mention it was a copy. A disclaimer no matter how it's written can never justify misstatements and partial statements that are misleading, because they do not disclose something the consumer should know. This type of deception is also likely to affect the purchasing decisions. Deception is a representation, or omission that may mislead the public. Whether the representation or omission is deceptive is based on what a
reasonable consumer would infer from the information provided. An omission of not informing the buyer what to expect and the lack of having said anything may be considered Misrepresentation, false methods advertising. Federal Trade Commission. FTC POLICY STATEMENT ON DECEPTION covers just about everything I have written.
If you have fallen victim of this type of deception and you have used one of the major credit cards to pay for the item you should contact them and request a charge back. All major credit cards have a Code which covers items not described. I use Visa, there code for items not described is Code 53. Not as Described or Defective Merchandise. Relating this information to the auction has a potential for ending any dispute in the favor of the card holder.
Disclaimer: I am not a lawyer, the information is a written opinion and is not legal advice
