Many VeRo take downs tend to be unjust and others are just plain obvious. After much digging on the net, we have found one of the best write-ups detailing the process on fighting an eBay Vero take down. We do not take any credit for what is listed below.
It is long, it is interesting like no other & it will give you some great, sound advice.
Grab some coffee & your favorite pair of glasses because you are about to learn the method that one seller used to win against eBay’s VERO policies.
Here is his write up:
Fighting an eBay VERO Takedown
You’ve received that dreaded email from eBay:
First, if your auctions were for counterfeit or illegally obtained items, go to hell. You’re the root cause of this mess. Secondly, I’m not giving any legal advice – just supplying information based on my personal experiences with VERO, takedowns, counter-notices, et-all.
As Douglas Adams advised, “Don’t Panic.” You can find plenty of advice on the web about fighting VERO takedowns – one of the best is over at tabberones’ website. It’s a great resource.
So why this page? Unlike the feisty Tabberone, I can’t afford the time or money hiring a lawyer would take to sue the VERO cry-babies. I have had almost 40 VERO takedowns in my eBay career. I fought all and 39 were reinstated. The one that was not? An eBay VERO loophole that can screw you over big time. More on that later.
What to do:
1) Immediately request a counter-notice. Follow procedures when doing so – don’t just download one you find on the web. eBay occasionally changes these notices and the fax number you must send them to. Send email to [email protected] and [email protected] to request a counter-notice. Be polite and professional. Include your eBay account name, and item numbers that were taken down. You must send this from the email address you have on file with them.
You’ll receive the counter-notice within 24 hours.
2) FAX the counter-notice ASAP. One counter-notice can be for several items, as long as they were all taken down by the same complaining twit. The fax number will be on the counter-notice.
NOTE: When filling out the counter-notice, use the mailing address you have on file with eBay. When eBay emails you the counter-notice, they state in the email that you have to supply your home address. That’s a bold-faced LIE. I use my business address with eBay and have no legal obligation to supply my home address. It’s also a violation of federal privacy laws. Don’t fall for it. Use whatever address you have on file with eBay.
3) Go to http://pages.ebay.com/help/tp/programs-vero-ov.html – this is a page you would not normally find without a lot of hunting. This allows you to file an online appeal and supposedly puts eBay on notice that a VERO member is playing games. It’s basically a waste of time, but part of the overall process.
4) Send an email to the VERO whiner. This email address is contained in the takedown notice eBay emailed you. They may reply, they may not. Either way it does not matter. As long as you have followed steps 1 and 2, you have already set the ball rolling. This step is just to cover your ass so you can tell eBay that you attempted to contact the VERO member. eBay gives them 5 business days to reply.
5) Wait. DO NOT RELIST THE ITEM! You will be severely punished by eBay. Suspension, banned for life, cursed, banished to perdition. The punishments seem to be random, but the bottom line is you will be kicked off eBay for a minimum of a month – possibly until the next ice age.
What happens next:
1) You’ll receive an email within one business day informing you that the counter-notice was received.
2) eBay sends a copy of the counter-notice to the VERO member.
3) The law gives the VERO member 14 business days to reply. eBay gives them 10 days.
4) You will receive an email from eBay with the subject of “eBay Legal Notice – Listing Reinstatement Per Counter-Notice” explaining that a “relist” link is now available on the items you filed a counter-notice on. Sometimes it takes eBay longer than 14 business days. They have never explained why. From the email:
Dear xxx ([email protected]),
We have returned your listing(s):
item ####### Item Description
to the site, where it now appears as a completed item.
To restart the listing(s), all you have to do is:
1. sign in to eBay,
Additionally, if there were any bidders for the item(s) listed above, we have emailed each of them a copy of the following letter:
“You recently had placed a bid on item number: which had been removed by eBay. After review of this listing, we have found that it may have been removed in error.
As a result, we have informed the seller that they may relist their item if they wish to do so. Please feel free to re-bid on this item under the new item number. To locate the new item number, please check the sellers list of items at:
We apologize for any inconvenience this may have caused.”
5) You can then relist the item(s).
The gist is that you are swearing that you are not fibbing, and that the VERO dolt that filed the complaint must go to court to stop you from relisting. It’s never happened to me – I’ve never been taken to court. I’m sure it may have happened in the past to someone, but I can’t find any example on the web. If your item is legitimate, you are safe. It’s very risky for a VERO member to take you to court. If they lose, the DMCA provides severe penalties. Triple damages, paying all court and legal fees, and more.
If the VERO twit actually replies to your email:
I typically can’t wait to answer. Their emails are usually hot air, rife with empty threats and demands that violate the law. For example, one time a law firm demanded a list of my customers, receipts, etc. I told them to shove it and get a court order. They did not get the court order. I hope they shoved it. Sideways.
When you answer, try to be polite. It’s difficult. I have a hard time doing so and am usually sarcastic and baiting. Never admit any wrong-doing, and feel free to ask them why they think they can commit perjury and file false copyright complaints.
- Keep everything. All emails sent and received. All faxes. Notes.
- When dealing with the VERO whiner, sign nothing, admit nothing, supply no information. Take a line from Hogan’s Hero’s Schultz you “know nothiiing!!!”
- Except as mentioned above, don’t bother communicating with eBay via eMail, chat, or on the phone. It’s only frustrating and a waste of time. You’ll wind up breaking stuff or kicking your family pet.
- Buy a punching bag. You can probably find one on eBay.
What to do if eBay suspends your ability to list items:
This one really pisses me off. You file a counter-notice, attesting to your innocence. The VERO twit states you are a crook. eBay suspends your right to list items. Guilty until proven innocent.