Is it illegal to knowingly send fake items in the post ?
Summary: upda8077 bought a USB drive advertised as 2TB but discovered it was only 102GB, deeming it a counterfeit. There's concern about the legality of returning fake goods. tommystrezures advises using eBay's Money Back Guarantee to return the item and get a refund. davrman provides a Post Office link about prohibited items, suggesting the offense might be in selling, not returning. *vyolla* explains selling counterfeit goods is illegal but suggests returning as part of a refund doesn't constitute trafficking. jonatjonatjonat also confirms it is not illegal to return it. upda8077 understands and thanks the contributors for clarification.
Hi all,
I bought a USB drive on ebay, it was advertised as a 2TB drive, and on the box it came in. It kept failing to save correctly when too many files were put on it, I tried re formatting it but it was still the same.
So I checked the drive with a free windows program called "ValiDrive", when it checked the drive it reported it only had a storage capacity of 102GB
So its a chinese fake drive advertising a false capacity.
I have asked to return it explaining it is fake and how I tested it, the seller has not responded yet, but the chances are the seller will send me a returns label to send it back to them.
However I have been informed its illegal to knowingly send fake goods in the post (and I know it is fake).
I spoke to ebay customer chat (text) and asked them if it was illegal to post fake items, but the person I spoke to kept quoting how to get ebay to step in if the seller does not respond to my return request. I asked the question to him again "Is it illegal to knowingly post a fake item ? ", but again he just quoted how to get ebay to step in if the seller does not respond. So I said "I guess you dont know then, thank you for your time", then he just closed the chat.
(And he never sent me a transcript of our chat, so I guess they dont have to send transcripts of the chat if they are not shown in a good light)
Anyway, forget about that, but my question still stands : "Is it illegal to knowingly post a fake item ? " does anybody know ?
Thank you,
Steve
rare_treat
·1 month agoThese fake USBs have been around for a long time now.
They are one of the worst products on eBay, as far as I'm concerned.
It isn't even just a case of conning a few quid from someone, it is the fact that people can store irreplaceable files on them not knowing that they will lose them forever.
I pointed this out to a seller a couple of years ago and I think I got through to them, eventually. But it took some convincing! (They were a UK seller who was just reselling a bunch of them, apparently not realising that a 2GB+ SSD was always going to be fake if it only cost ~£10!)
And this is something eBay should definitely be held liable for. With all the nonsense items eBay are removing for policy violations, are you telling me that they can’t block all brand new SSDs that are priced at less than 1/4 of the lowest genuine price. Of course they are going to be fake - they shouldn't therefore allow them to be sold!
Unfortunately this is a good scam for the original sellers.
Most of the people who are likely to fall for this are unaware of how it works. So they are unlikely to do a thorough enough check of the drives. So by the time they realise it is way too late. (And in the meantime they give glowing feedback which encourages others to fall for it too.)
Because they are a scam product, they only deserve to ever be in the bin. But you need to follow whatever eBay says (i.e. return if that is what is being requested) to get your money back. I'm sure if you spoke to the right customer services agent and explained fully then they would refund you without the need to return, but that could take a lot of messing around.
*vyolla*
·1 month agoThe legal stance:
Simply returning a counterfeit item to the seller as part of a legitimate refund process is not treated the same as trafficking in counterfeit goods.
If you're in the UK (which appears likely from your location), the situation is generally as follows:
It is illegal to sell, distribute, or knowingly deal in counterfeit goods as genuine.
If you received a counterfeit item and are returning it to the seller because it was misrepresented, you're not trying to profit from or circulate the counterfeit item. Returning it as evidence in a consumer dispute is generally not the conduct that counterfeit goods laws are aimed at.
upda8077
OP1 month agounderstood, thank you.
*vyolla*
·1 month agoKnowingly selling or distributing counterfeit goods is a criminal offence, but it would be down to Trading Standards to pursue this if the seller is a UK registered business seller.
As advised, you can simply get a refund via eBay's Money Back Guarantee/Buyer Protection.
upda8077
OP1 month agoYes,I know it is illegal to sell known fake items.
But as I previously said the seller can just say they did not know it was fake.
But I now know it is fake after checking it, so my question still remains, will it be illegal for me to post it back to them ?
The chances are the seller will send me a return postage label, and to get my money back I will then need to return it. As I now know it is a fake item can I post it ?
jonatjonatjonat
·1 month ago · EditedNo, it is not illegal to post it back.
To add - it is not illegal to buy counterfeit goods for personal use in the UK - hence why returning it would also not be illegal.
*vyolla*
·1 month agoYou're not selling a counterfeit item, you're returning it.
davrman
·1 month agoHere's what the Post Office has to say on items that can't be posted:
https://parcelsonline.postoffice.co.uk/prohibited-items
...and this is the section that would seem to be relevant:
"Illegal Goods - Including Counterfeit Goods, Counterfeit Currency And Any Items Considered Illegal In Either The Exporting Or Importing Country. "
I Am Not A Lawyer, but I don't think your fake storage is counterfeit (unless it's branded with a fake "SanDisk" label or similar). There's an argument that it's still illegal as the capacity is overstated, but I suspect this offence is committed when selling it, and not when returning to the seller. After all, you've already told them it's 102Gb, haven't you?
tommystrezures
·1 month agoRegardless your legal rights still apply I would have thought, but I would imagine they are breaking the Fraud Act of 2006, so i would be inclined to agree that it is illegal.
upda8077
OP1 month ago · EditedI would agree with you, but I may have to return it so I can get my money back. The seller can argue they did not know it was fake so its ok for them to send it in the post, but I do know its fake, so where do I stand ?
I suppose I will have to wait until the seller responds and take it from there, maybe then speak to ebay again, maybe I will get a more knowledgeable ebay representative next time.
tommystrezures
·1 month agoYou need to read the ebay money back gaurantee, agreement which appears on all listings and open an item not described case to force it through. You don't need to bother communicating with the seller, ebay will take control and provide (if the seller wants the item back) a pre paid label for you to return. Once the item has been returned then they have three days to refund you. If they don't then you can escalate it with ebay and they will do it for you.
DO NOT close the case for any excuse.