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

[essential_74]

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

[djavusydney]

ok. that's clearer for this one - Dualshock is a trademarked word for Sony gamepads - thus if your items not Sony - you cannot use this word. Note as well for your selling of face masks - you should have get permission from eBay as these are restricted items - just in case you don't know - this way you won't be in trouble in future.

[danieh_6 · Accepted solution]

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.

[danieh_6]

Actually, I just checked your listings and no wonder they were taken down, these are fake. instead of lying in the thread and saying they aren't fake, maybe you should ask how to appeal it. Best of luck on your store. Image 1 is real, Image 2 is yours. I'd find it pretty funny if you went to the ACCC over this.

[essential_74]

As stated above, I removed DualShock from my listings.
And my point remains, I’m happy to change/comply, but so should everyone else.

[essential_74]

AND almost all competitors have DualShock in their title

On top of that, I changed to “for PS4”, whereas a lot of other listings have “PS4 controller”

[essential_74]

But this is my ENTIRE point...
My question IS (first comment) how do I appeal?

And maybe my understanding of what is considered fake and what is generic needs education...
I’m new to this and learning fast so I can replace my lost income from the pandemic. And I’m happy to make changes so I do comply. And if that means these controllers can be sold then I will accept that too... but then that rule needs to be applied to everyone surely? Why dont the other listings breach the same policy?

I wouldn’t mind, but I’m only selling these after using the terrapeak tool, which shows so many of these for sale... hence my thought that it must be ok

As you say tho... time to find a new product, clearly 🤷🏻‍♂️

[essential_74]

Thank you everyone for your replies

I think I will just accept that my item is not acceptable and that I need to find other products... ASAP 😬

[graceyblugrrl]

I haven’t read all comments through yet but read the initial post. ARGHHHHH! You have to be kidding me. Don’t understand it from their end either, very robotic as you said.
Anyway I received the same notification earlier. WHY?!
I only have one of this particular item, but I do sell a lot of similar stuff on there.

I’m wondering in your case & my case has someone filed a complaint or reported the item (maybe even from multiple different accounts or times) because of a past issue we’ve had with someone on there? Like not related to that item, say for example I had someone recently buy something & pay then cancel the order 20 minutes later.. maybe foul play, people with nothing better to do then hurt sellers reputation..

Also, the email says “ In addition, there will be a temporary 3-day restriction placed on your account, and your other listings will be hidden from search during this period. All fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account”
WHAT? 🤯 I’m assuming this means all items are hidden from view for a 3 day period.. as punishment, for what?
Did yours also say that?

Sounds like in your case you did nothing wrong, and I would have to check but I don’t see how mine would have any issues & never had any warnings for it when listing.. so why!!

[danieh_6]

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@graceyblugrrl wrote:
I haven’t read all comments through yet but read the initial post. ARGHHHHH! You have to be kidding me. Don’t understand it from their end either, very robotic as you said.
Anyway I received the same notification earlier. WHY?!
I only have one of this particular item, but I do sell a lot of similar stuff on there.

I’m wondering in your case & my case has someone filed a complaint or reported the item (maybe even from multiple different accounts or times) because of a past issue we’ve had with someone on there? Like not related to that item, say for example I had someone recently buy something & pay then cancel the order 20 minutes later.. maybe foul play, people with nothing better to do then hurt sellers reputation..

Also, the email says “ In addition, there will be a temporary 3-day restriction placed on your account, and your other listings will be hidden from search during this period. All fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account”
WHAT? 🤯 I’m assuming this means all items are hidden from view for a 3 day period.. as punishment, for what?
Did yours also say that?

Sounds like in your case you did nothing wrong, and I would have to check but I don’t see how mine would have any issues & never had any warnings for it when listing.. so why!!

---

If you read the comments or specifically the solution you will see the OP is selling fake stuff and did do something wrong.

[*tippy*toes*]

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@graceyblugrrl wrote:
I haven’t read all comments through yet but read the initial post. ARGHHHHH! You have to be kidding me. Don’t understand it from their end either, very robotic as you said.
Anyway I received the same notification earlier. WHY?!
I only have one of this particular item, but I do sell a lot of similar stuff on there.

I’m wondering in your case & my case has someone filed a complaint or reported the item (maybe even from multiple different accounts or times) because of a past issue we’ve had with someone on there? Like not related to that item, say for example I had someone recently buy something & pay then cancel the order 20 minutes later.. maybe foul play, people with nothing better to do then hurt sellers reputation..

Also, the email says “ In addition, there will be a temporary 3-day restriction placed on your account, and your other listings will be hidden from search during this period. All fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account”
WHAT? 🤯 I’m assuming this means all items are hidden from view for a 3 day period.. as punishment, for what?
Did yours also say that?

Sounds like in your case you did nothing wrong, and I would have to check but I don’t see how mine would have any issues & never had any warnings for it when listing.. so why!!

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Maybe eBay saw that you had left false positives for buyers, which is a policy violation punishable by death. I did have a chuckle at "sellers beware" though. Beware of who? No one can see who that buyer is except you.

Why are you using the cancel function when a buyer doesn't pay? Why don't you use the non payer dispute. You get your fees back, it's quicker than cancelling, and the buyer gets a strike against their name.

Your reply to your negative feedback is a bit odd too. How can the seller fail to make contact, when you are the seller? And who are we not dealing with? Wouldn't have a clue if they have bought from me or not.