Alert: a tale of two 51B Mantles

[1952boyntoncollector]

Originally Posted by Peter_Spaeth

Yup. Haven't read enough to have an opinion on the merits though.



eBay, PayPal Face Class Action over Counterfeit Goods



August 20 2015

ebay.jpg Los Angeles, CA: Claims of consumer fraud have been filed against eBay® and PayPal® and various eBay Sellers in Federal Court under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Lanham Act claiming the defendants knowingly and deliberately facilitate, proliferate and profit from the ongoing sale of counterfeit and fake products on ebay.com.

right so an example already from just 3 months ago....yeah 'good luck going after ebay' maybe that's with phone calls or messages....but lawsuits are a different animal. Its easy enough to find someone to sue ebay and if they have merit...ie. PSA contacting them prior to the sale telling them they are fake' you would think that's enough merit to find attorneys who if successful can collect thousands if not millions in fees.... just a wild guess..



heres a case of a getting 1.2 million over a $36 dollar listing....good luck going after ebay...

http://www.ecommercebytes.com/cab/abn/y15/m10/i12/s01

[ullmandds]

ok...so my command of the law sucks...BUT...for a $5-$15 award per person affected...doesn't seem worth it.

[1952boyntoncollector]

Originally Posted by ullmandds

ok...so my command of the law sucks...BUT...for a $5-$15 award per person affected...doesn't seem worth it.

if theres 1.2 million being paid..im sure theres a way..

also the mantle that is subject to this thread sold in the thousands...so im assuming the buyer will be looking for recourse after the fraud is found..

don't worry about it ullmandds ...at least you didn't use an analogy with mattresses to prove your point......

[botn]

For the last couple of years eBay has aggressively enforced their guarantee for buyers. If the seller does not offer a refund then eBay will for up to 30 days after the sale and paypal has a similar guarantee that is good up to 180 days.

http://pages.ebay.com/help/policies/...guarantee.html

https://www.paypal.com/webapps/mpp/u...ale.x=en_US#13

As long as both companies offer this type of indemnification I am not sure how many sales of counterfeit goods would actually create an opportunity for a lawsuit.

[1952boyntoncollector]

Originally Posted by botn

For the last couple of years eBay has aggressively enforced their guarantee for buyers. If the seller does not offer a refund then eBay will for up to 30 days after the sale and paypal has a similar guarantee that is good up to 180 days.

http://pages.ebay.com/help/policies/...guarantee.html

https://www.paypal.com/webapps/mpp/u...ale.x=en_US#13

As long as both companies offer this type of indemnification I am not sure how many sales of counterfeit goods would actually create an opportunity for a lawsuit.

right ..but like I said to generally say nobody would sue ebay for anything makes no sense....lots of lawyers itching to sue them..

for this particular scenerio..what if 11 months pass if you are sold a fake mantle shouldn't you still be able to get your money back...this is beyond the timeframes listed...and you cant say that argument has at least some merit.........I still was talking more generally..that companies like ebay are ripe for being sued...and not the opposite...

[pokerplyr80]

Originally Posted by botn

For the last couple of years eBay has aggressively enforced their guarantee for buyers. If the seller does not offer a refund then eBay will for up to 30 days after the sale and paypal has a similar guarantee that is good up to 180 days.

http://pages.ebay.com/help/policies/...guarantee.html

https://www.paypal.com/webapps/mpp/u...ale.x=en_US#13

As long as both companies offer this type of indemnification I am not sure how many sales of counterfeit goods would actually create an opportunity for a lawsuit.

What do you think the chances are that the buyer realizes this is a fake within 30 days? Or even 180? Unless something obviously looks off in hand, this could end up on a shelf, in a box, or even a bank vault and could be left there for months, or even years.

He may have a case against ebay but I don't think many collectors would be likely to pursue that course of action. And unless Peter or Joe are willing to testify it might be hard to prove they were aware of the fraud. I don't know if that's necessary, but it doesn't sound that easy to me any way.

[1952boyntoncollector]

Originally Posted by pokerplyr80

What do you think the chances are that the buyer realizes this is a fake within 30 days? Or even 180? Unless something obviously looks off in hand, this could end up on a shelf, in a box, or even a bank vault and could be left there for months, or even years.

He may have a case against ebay but I don't think many collectors would be likely to pursue that course of action. And unless Peter or Joe are willing to testify it might be hard to prove they were aware of the fraud. I don't know if that's necessary, but it doesn't sound that easy to me any way.

never easy...but they said the PSA guy called about the card being fake....prior notice is usually the issue on many types of cases whether its a dangerous condition or fraud etc...defendant will always deny...but you can also show 'should have known' standard.... plus if ebay has no mechanisms in place to really combat fraud and they know fraud happens a lot that could be a case too...... the fact that its ebay to sue and not joe schmoe only makes it more likely to find an attorney...not the lesser..

[Rookiemonster]

My wife bought a stroller on eBay it was 235 or something like that . It was described as new . We got and used it twice and then noticed that there was repairs and the stitching was coming off . So we called eBay and it got resolved fast and got all the money back .
It was past the time they allow as well .

The issue here is that it's probaly a Christmas gift and the true collector won't see it until December 24