Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

So... I had a listing removed the other week for violating ebay's counterfeit policy.

I have checked thoroughly and this item doesn't breach any of the policy bullet points that were highlighted by the ebay notification email sent top me (it was listed as unbranded, doesnt use any brand names or logos, all photos are my own etc etc)

Also, there are HUNDREDS of other listings on eBay selling the exact same product (it is a generic, mass produced product)

 

[btw, for the TLDR version, my actual question is highlighted at the bottom haha]

 

I figured I must have just used a certain 'term' or something in my listing so decided to jump on with the customer support online chat and find out how to correct the issue and list it so that I am in compliance with policy, like ALL the other sellers selling the same product.
To my amazement I was completely stonewalled for nearly 3 hours!  

And faced some of the most beligerant, unhelpful customer service reps I have encountered in recent years... how I didnt end up swearing at them I don't know...

 

Bottom line:

They woudnt initially tell me anything about the reason for removal except that it had breached policy

Eventually they did disclose the following:

They had received a complaint 

They had reviewed my item and due to certain risk factors had deemed my item to be couterfeit

But they refused to say how they came to that conclusion or what policy had been breached

They also stated that if I attept to relist, I will have my account suspended (so obviousy I now wont relist that item as I cant risk that happening, but my issue is that I have a ton of stock piled up here and this is the only income me and my kids survive on... incidentally, that was another plea that was totally lost on the robotic service reps)

 

Where it became really frustrating was the fact that they wouldnt tell me how all the other hundreds of listings on ebay were okay to remain (and some I know have been there for many many months), or what the difference was between our listings so I could ammend mine so that it complied 

 

They also wouldnt accept the suggestion that if mine was deemed counterfeit, then so must all the others be counterfeit (as they are identical).  

 

And round in circles we went.

This was a real case of being told "up is down" and "black is white"  

The frustration was intense

 

My biggest problem is that I now have absolutely no recourse

No right of reply to this complaint

Not allowed to mount any defence 

No appeal process
So I stand to lose thousands of dollars... and I cannot in anyway handle that... not this year!

 

All while thousands of these exact same items are sold every day on ebay
And I'm not allowed to
And my stock sits here, with my post pandemic income plan falling apart in front of me for a reason that makes no sense and is blatantly obvious to the most simple minded person that this is completely unfair

MY QUESTION:
Is there ANYTHING I can do to appeal a counterfeit removal when it is so blatantly unfair?

(besides talk to customer service reps again as they were in unison with their lack of help or willingness to even answer simple questions... honestly, you would have thought I had stumbled in to Area 51, not ebay! 😂)


My guess is probably not... but this is a massive issue for me (rent, food, kids etc as I'm a single parent), so I have to ask...


I'm 100% happy to work withing the bounds of policy and to correct a listing if I have made a mistake, but surely that policy has to be applied equally across all sellers?!
or is that just naive? 

 

Sorry for the long post!
Thanks in advance for any advice

 

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

Unless you are buying from Sony, they are fake, I highly doubt you are. "new" ps4 controllers are copyrighted mate, sorry man. Find another product or a better way to list them, its keywords, branding, photos, unbranded etc.

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

If you don't mind sharing what's the exact title and description you use in the listing?
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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

Sure...

 

"For PS4 | Brand New White Wireless Controller | inc Charge Cable"

 

I spent a great deal of time before listing these, comparing to other sellers, to make sure I was following their lead as I know they have been selling hundreds 

I even removed a couple of words and changed the 'order of phrases' as I felt they were a little misleading, yet they are still selling 🤷🏻‍♂️

Is it cynical to suggest that a competitor reported the listing?

 

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

Thanks. Your title seems very generic thus no way to have claim against it from that title alone - do you happen to use Sony PS4 controller pictures?

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

Nope
All photos were taken of the actual product, by me!

Other sellers use terms like "DualShock" in their listings which I think IS a trademadrked term, so I removed that...

This is why it is so frustrating... I've gone over and above to comply and I've been screwed at the first hurdle with zero recourse

I was thinking about going to the ACCC, but I'm guessing that won't achieve much 🤷🏻‍♂️

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

Ok. another thing I can think of is the controller you sell may have the built similar to Sony PS4 ones (even an exact copy, without the logo), thus even it's unbranded, it's somewhat a copyright issue.

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

Which I could accept... if there were hundreds of those already on eBay
The service reps tried to tell me that’s because there are new listings every day and they can’t keep up, but some of these sellers/listings I have been tracking since the end of last year, so that excuse doesn’t hold

My point is, you’re either allowed to sell these on eBay or you’re not
What is def not okay is that I’m not allowed and everyone else is free to carry on 🤷🏻‍♂️

It’s an indefensible position for eBay to take... which they have taken by making it impossible for me to take any action to resolve the problem (and I still don’t know what the problem is?! 🤦🏻‍♂️😂)
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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

*** that should have read “ if there weren’t hundreds of those already on eBay”
Can’t edit the post for some reason 🤷🏻‍♂️
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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?


@essential_74 wrote:

Sure...

 

"For PS4 | Brand New White Wireless Controller | inc Charge Cable"

 

I spent a great deal of time before listing these, comparing to other sellers, to make sure I was following their lead as I know they have been selling hundreds 

I even removed a couple of words and changed the 'order of phrases' as I felt they were a little misleading, yet they are still selling 🤷🏻‍♂️

Is it cynical to suggest that a competitor reported the listing?

 


I'm a bit in the middle on this one. Your title could imply it's a genuine controller, to a less experienced/new buyer, since you begin the title with "For PS4". If I were listing such a controller, I would state in the title generic or non genuine, to be absolutely clear. But I'm not saying they shouldn't be sold, or allowed to be sold, just that buyers don't always read the description properly. Either way, you have a problem moving forward. Is there another platform you can sell them on? 

 

On the note of why your listing was removed and others remain, it would quite simply be because your competition reported you (which annoys the bleep out of me. Bleeped myself there haha). Typical waste of time trying to communicate with them. I can understand your frustration

 

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Removal of "Counterfeit Listing" that isnt counterfeit + doesnt breach ebay policy - but NO APPEAL?

This is from your sold list

NEW PS4 White Wireless Controller + Cable | Dualshock | AU Seller | Free Postage

 

I would expect a genuine ps4 item given the title, I dont think it is good enough to then have unbranded in specifics  and for ps4

in the description

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