Rosetta Stone Cease and Desist.

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mrsyoungkm

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I received Rosetta Stone in the mail from my husband, but I had already bought it, so I put the item for sale on ebay. Ebay removed my listing saying it was reported by RS. Two weeks later, I received a Cease and Desist e-mail from RS saying I need to call them within 5 days. Upon calling, they demanded that I send them the item to them, sign a form and tell them where I got the item and pay them $1200 because it was counterfeit. After complete shock, and explaining that I had no idea it was counterfeit, and telling them that I still had the item and it was sealed and I had no other copies, they offered to go down to $800 (if I pay at once, or $1000 if i pay them in one year) in "damages" for them having to do the work of finding my listing. Can they do this? I didn't actually sell the item and haven't tried since the listing was removed. I genuinely had no idea the item was a counterfeit, my husband is overseas and bought it as a gift - not knowing it was either - it even has serial numbers on the packaging!

Am I obligated to pay? They gave me 1 week to call them back and "settle". I'm fine with sending them the counterfeit copy, as I have no intention to do anything illegal, but I can't afford to pay that much - and it's nearly 3 times and much as the item would actually cost to pay for legally. Please help!
 
mrsyoungkm said:
I received Rosetta Stone in the mail from my husband, but I had already bought it, so I put the item for sale on ebay. Ebay removed my listing saying it was reported by RS. Two weeks later, I received a Cease and Desist e-mail from RS saying I need to call them within 5 days. Upon calling, they demanded that I send them the item to them, sign a form and tell them where I got the item and pay them $1200 because it was counterfeit. After complete shock, and explaining that I had no idea it was counterfeit, and telling them that I still had the item and it was sealed and I had no other copies, they offered to go down to $800 (if I pay at once, or $1000 if i pay them in one year) in "damages" for them having to do the work of finding my listing. Can they do this? I didn't actually sell the item and haven't tried since the listing was removed. I genuinely had no idea the item was a counterfeit, my husband is overseas and bought it as a gift - not knowing it was either - it even has serial numbers on the packaging!

Am I obligated to pay? They gave me 1 week to call them back and "settle". I'm fine with sending them the counterfeit copy, as I have no intention to do anything illegal, but I can't afford to pay that much - and it's nearly 3 times and much as the item would actually cost to pay for legally. Please help!
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No one is required to respond to, let alone act upon demands from private citizens.

This smells like scam to me.

Why?

If you have an item, how would anyone know its genuine or counterfeit without examining the item?

If I were in your position, I'd avoid ever selling junk on eBay. Search the horror stories about eBay on this site and then the web.

It wouldn't be worth the aggravation of selling junk on eBay for $50 or $100 to get annoyed by scammers or illegitimate lawyer scammers.

I'd just stop talking about this, and certainly would never pay blackmail.

Think about it, you give the caller $1,000, or $800 PLUS your Rosetta Stone, and what prevents him from calling you next week and demanding another $500?

He has your alleged "phony" copy, and your first $800. So, you have no proof, and these scammers don't just slither away until they've feasted.

Don't feed the bears or the scammers!
 
I didn't know what state to put because the issue happend online and I am not a resident of the state from which I attempted to sell the item.
 
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They said from the pictures I posted on the item it was obvious. I agree about selling things on ebay, this was a first AND a last. Thank you for your help!
 
OP, do not ignore this issue just yet.

Verify who has is sending you these demands - because while there are indeed scammers, Rosetta is notorious for "pulling" stuff like this ... and doing so legally.
 
How do I confirm that they are valid? The e-mail is similar to the ones I received when I purchased an actual item from RS in the past. I'm just so confused. I realize that I am responsible for what I attempt to sell, but several of my husbands co-workers have bought and used these while overseas so he thought that it was real. The item is unopened and unused. Should the C&D be sent in an actual letter, or is an e-mail sufficient? The e-mail listed my home address and phone number on it.
 
All I know is that you only are required to respond to court issued documents.
No one need answer a letter from a lawyer or a company.
If they sue you, they'll have to sue you in your home state.
You never sold the item, and there is no way for the scammer or Rosetta Stone to prove that the (JPG) you exhibited was the actual item you were selling.
The last thing anyone should do is supply the lynch rope, build the scaffold, sew the blindfold, and pay the hangman that is going to kill you illegally.
Less is more, and you don't have to prove a darned thing, OP.
If they want to sue you, make them prove their case.
They can't because you never sold anything, and you who knows which item you would have sold.
For all you know BOTH items are legit.
As long as you don't buy the ammo and the gun for them to hunt you with, they have nothing but suspicions and baseless allegations.
You need not prove or disprove anything. That's their job.
Be further advised, you're not dealing with a lawyer, even if they are Rosetta reps. They're simply bottom feeding leeches looking to score a payday from a dumb mark. Don't you be that mark. Don't send them anything. Your husband paid for one, you paid or the other.

Besides, if they subpoenaed me, I'd give them the legit one, assuming they both ain't legit.
So, verify the authenticity of both items, just so you know, but there's no way anyone can say what you intended to do.
Heck, many times people post ads for junk and decide they don't want to sell.

Finally, don't communicate with who ever these people are or represent, and if you are properly served, IMMEDIATELY see a lawyer.
You also need to know, you aren't required to accept or sign for registered letters, or overnight letters, aka FedEx or UPS.
You don't sign, you aren't served, nor can you be served.

Once they see you aren't scared, they'll slither away.
The Dior ay not be a scammer, but he or she is no lawyer.
Not enough money in this scam for a lawyer, and this is more scare than law.
I can make $500 just for standing in for other Asher's at arraignments.
All that is entering a not guilty plea, and making sure the client understands his or her rights.
You can make $5,000 for 10 arraignments in 60-90 minutes.
No, this is a someone making a quick buck or two.
 
Hi all. A question for mrsyoungkm - did you resolve your Rosetta Stone cease and desist case? Do you mind sharing your experience with this? I am facing a similar issue. Many postings out there about receiving the C&D notice, but I haven't found any descriptions of resolutions. Thanks!
 
danielpokey said:
Hi all. A question for mrsyoungkm - did you resolve your Rosetta Stone cease and desist case? Do you mind sharing your experience with this? I am facing a similar issue. Many postings out there about receiving the C&D notice, but I haven't found any descriptions of resolutions. Thanks!
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Please don't reopen one year old therads.
 
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