Legal Question in Consumer Law in New Jersey

Ebay copyright fraud

Bought a ''gucci'' bag on ebay. Guaranteed authentic or $ refunded. Paid via postal MO. Brought to Gucci, they say its fake, but won't put it in writing. Seller will not accept refund without authentification in writing from Gucci. Went to independent company who said they will put in writing that it is fake. Seller says they will accept only from Gucci and that outside company has no authority to authenticate Gucci bags. Ebay suspended seller, but can not get money back. Seller had zero feedback. Seller told me I would need Gucci written authent. before I bid, but I did not know they would not do it. Seller said I should have asked questions or for add'l pics before bidding and will not refund. If we are in two different states, can I file in small claims and how does that work. Would I have to go there, or her to my state. Would it really be worth the time and effort for $250? I don't think Gucci will go after a one time seller--probably not the FBI, local police either. If I proceed with small claims-will independent company's authent. hold up and what if the address listed on ebay is also fake. How can I find out the real address. She supposedly moved from the address I mailed the $ to (maybe that was a lie too)


Asked on 8/31/04, 10:28 am

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Ebay copyright fraud

Unfortunately, this is the problem with e-trade. It is not worth the time, money and effort to pursue. Keep in mind, if a deal is too good to be true, it probably is worth avoiding.

I might suggest telling the seller that if they dod not refund your money, then you intend to puruse this with the authorities. This may or may not get a result.

You may wish to contact State and Federal authorities to at least protect other consumers, it will nto be likely to get your money back.

You may ask yourself, why did you take it to Gucci unles you suspected in the first instance that it was a fake? Did you have some suspicion?

Finally, in the future suggest that on purchases that you make on the Net that you insist on as many conditions as necessary to protect yourself including the right to return the item unconditionally within a set small period of time. The problem with any condition is enforcing it. With individual sellers, it is next to impossible becuase of hte cost of pursuing remedies. I have a client's case with a $60,000 Jaguar, and the dealer is still giving a run around despite an iron clad return guarantee. Buyer beware......

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Answered on 8/31/04, 11:41 am


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