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Fake merchandise sold on eBay Consumer Fraud

Discussion in 'Consumer Fraud & Scams' started by gideont4, May 18, 2014.

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  1. gideont4

    gideont4 Law Topic Starter New Member

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    I purchased 12 autographed sports cards (same player) from a seller on eBay and immediately submitted them for authentication through a reputable (and eBay approved) autograph authenticator. Needless to say, they came back as fake. The total cost for the cards $511.50, $360 for the authentication service, plus shipping, insurance, and other related costs. Through eBay I'm sure I can recover the $511.50 and I e-mailed the seller who recommended I call him to work it out. The seller is located in New York, about 50 miles from me, and his previous listings include similar type items (same era, multiple of the same player) that may suggest he is very well aware of the situation. Aside from recovering the initial purchase price, how best can I attempt to recover my losses and/or press criminal charges against him? Thanks in advance.
     
  2. Proserpina

    Proserpina Moderator

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    A quick question.

    Was this a really good deal?
     
  3. mightymoose

    mightymoose Moderator

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    You won't likely get anything at all.
    You aren't going to be able to prove the seller knew the autographs were fake, and it will likely cost you a lot more to prove they are fake.
     
  4. gideont4

    gideont4 Law Topic Starter New Member

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    Not especially. If I answer yes, the response will be, "well, you should have known if it looked too good to be true, then it probably is", and if I answer no, the response will be, "Why would you buy them without knowing?"

    The price was about what I would expect, but auctions are driven by market value and demand. The cards themselves had original manufacturer authentication stamps, but such things can obviously be recreated, and as companies come and go the original stamps themselves may find their way onto the secondary market.
     

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