Fake Vero Members

[philosophermike]

I was wondering if anyone has had a problem with fraudulent vero members reporting their items?

I have had three phony VERO members report my items this year and they got my account shut down recently. I knew they were phony right away because I personally know the real copyright owners and pay them thousands per month to be an official reseller of their items. (I've had them email into vero@ebay.com already). My question is, why does ebay not confirm these fake vero members' identities? A simple id/address fax in or phone confirmation could have prevented these frauds from getting my account shut down.

After numerous emails and no responses from these vero members, I managed to get the address and phone info that one of these phonies provided to ebay. I checked with the relevent state and civic bodies for their business name and phone number but they were obviously false. The people at the phone number had no idea who the vero member was either. Is ebay not responsible for letting these fakes go around and remove items? I'm surprised that they could be so negligent and allow these frauds to become vero members in the first place. The real rights owner is ticked off as well.

Legally there is no one to go after because all these people gave false information to ebay. Do you think it's possible to sue ebay or at least get them to change the vero member process so this doesn't happen again? The vero process just seems too easy to report other people's items using false information. I know people fax in those vero forms under guilt of perjury, but what good does that do when all the contact information they give is false?

[philosophermike]

Has anyone had experience with this? I want to stop this from happening again. I'm definitely not going to use ebay as extensively as I did in the past and focus more on my websites but when frauds are allowed to shut you down so easily it just takes all the steam out of you.

[tabberone]

If the actual VeRO member contacts eBay on your behalf and explains what is going on then eBay can flag your account. You can also file counternotices.

If they have provided false contact info then they will never get the CN and it will expire.

[tomwayne1]

The fake vero people are probably your competitors. Think about it... shut down YOUR business and they sell more of their stuff. Check out your competitor's mailing addresses and phone numbers and compare them to the phone # you have on the fake vero person. They just might be a match or at least from the same area code.

[tabberone]

Work within eBay's rules. If the contact info eBay has for the VeRO member is no good maybe you can get them suspended and the related accounts.

You'll have to stay after eBay to do so because we all know they basically don't care.

[philosophermike]

Hi,
Thanks for your help. I know for sure that they were competitors. Anyways, I had the real rights owners contact ebay several times and only after I sent in a counternotice did ebay restore my account.

Ebay finally conceded that they were fake vero and my account was restored immediately instead of the usual 10 days.

The real vero is pissed. Do you think they are in a position to sue ebay?

[tabberone]

Who? The fake VeRO member?

They can't take anyone into court unless they can prove they are the rights holder.

[tabberone]

Let me revise that - sure they can sue. And lose. And be forced to pay the other sides cost.

[poweryc]

Hi,
I'm currently working with other Ebay sellers who have had their accounts suspended or listings ended unfairly by Ebay. We are meeting a contract attorney to see what our rights are. If anyone is interested in this matter, please email me.
Thanks
Debra

[tabberone]

You can't go after eBay, under the provisions of the DMCA when notified they have to take down the listing.

And you shouldn't be using a contract attorney, you need someone who specializes in trademark and copyright law.

[daddyfreddy100]

Hello people!

I'm new but also a victim of a fake VERO member. I know full well who the rights owner is and have already spoken to them. They have no clue who this company is that claims to be the rights owner.

It's a totally fictitious company name and I have only been supplied with a free email address to contact them.

They've even removed another listing of mine which doesn't even contain reference to the supposed trademark (in actual fact the name isn't even a trademark in any case with the real company)

I have a pretty strong clue who the competitor is as it's only their listings that have remained on ebay wth exactly the same product bought from exactly the same supplier as me.

Ebay will not listen to me at all. I have tried by phone and email to tell them to investigate this Vero member but all I get back are assurances that this will be noted and the standard crap about how their Vero members are verified. I know that is complete guff because they don't ask for any real evidence at all. You fill in 2 pages and fax them to Ebay claiming to be the King of Siam or whatever and then have the power to ruin someone elses business while retaining total anonymity.

Any advice?

[tabberone]

File a counternotice, if it was copyright eBay will forward it.

If they don't forward it, sue John Doe, once you have a case number then serve eBay with a supbonea for the contact information on the VeRO member.

Then amend your lawsuit to name the correct person.

Remember I'm not a lawyer but that is what I would do.

[daddyfreddy100]

Hi Tabberone and thanks for the reply.

Can I force Ebay to divulge the details of this Vero member? I thought maybe they had this all written into their T&C.

Thanks!

[tabberone]

Yes you can force them, that is the purpose of the subponea. They just won't give it to you without a fight.

[daddyfreddy100]

Okay, thanks for your help.