03/14/2007
Even if you've never bought something on eBay, you no doubt know of it as an active Internet marketplace. You may, as a buyer, consider it sometime when you want an item you can't find elsewhere, or when you want a good price on something, or when you're seeking collectibles or memorabilia. If you've heard or read recent news reports of some buyer's complaints about the fake pieces of jewelry that have been passed of to them for the price of the real thing, you may wonder if shopping on eBay isn't too risky.
Tiffany Jewelers has recently filed a lawsuit against eBay for allowing fake Tiffany jewelry to be sold through its website, and at least one previous lawsuit resulted from sales of fraudulent memorabilia, some with forged autographs, on eBay's website. Despite allegations that eBay had received numerous complaints and ignored warnings that forged memorabilia were being auctioned off from its website, that particular lawsuit was dismissed because eBay was not the memorabilia dealer and therefore had not violated any law that might apply to such dealers. In other words, as eBay holds in the present lawsuit, it is only a marketplace to link buyers and sellers.
How to manage the risk? The best option for shopping on eBay with some assurance that you won't end up losing money for fake or unsatisfactory merchandise--or no merchandise at all--probably lies in how you pay for it. If you can pay by credit card, you will be able to dispute the charge if you need to, as long as you do it within the time period allowed. If PayPal is offered, you will be able to file a claim for a refund with them if what you receive is substantially different from what was described. Be sure to read PayPal's policy material carefully so you know exactly what to expect should you have a complaint.
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