The complete correspondence chain (March)

Formatting is a little weird, sorry ... the latest post is at the top, the first is right at the end of the page:

From: Lee Berkovits [lee@leesantiques.com]
To: On behalf of Bill Cobb [billcobb@ebay.com]
Subject: Re: Hello

Hello Meyer,

Well, since you didn't say not to I'm going to add these emails to my website.

Do wish that you'ld answer the question - How does one go about getting a seller of blatant reproductions, who is committing fraud by selling them as real? What does it take to get just one bad apple NARU'd??

All you're doing is a copy & paste of meaningless boilerplate.

This is why Tiffany's is sueing Ebay. And why others will.

If you would simply communicate - talk with us as the intelligent adults that we are - it would make life for all so much easier.

Or, is Ebay actually facilitating the fraud? Certainly your company profits from it. All those fees......

Hidden Feedback, no way to avoid retaliation feedback, Ebay won't do anything about the retaliatory feedback without a court order - it seems. So the good guys actually get punished for doing what we're supposed to.

Why does Ebay set things up this way?

Lee Berkovits

From: "On behalf of Bill Cobb" [billcobb@ebay.com]
To: "Lee Berkovits" [lee@leesantiques.com]
Sent: Wednesday, March 01, 2006 7:42 PM
Subject: Re: Hello (KMM48806331V64427L0KM)

Hello Lee,

Thank you for your email to Bill Cobb. My name is Meyer and Bill has requested that I further respond to your email on his behalf.

Please be advised that we have been made aware of your situation with "grandmas_treasure_trunk". Our investigation is an ongoing process. We review many factors such as reports filed by eBay members, the seller's feedback score, and reports received from law enforcement agencies to help us determine whether a member qualifies to remain buying or selling on our site.

Lee, with any purchase of significance, members should read and understand the Terms of Service and the Protection offered prior to making a purchase. This is to ensure that they are fully aware of how to proceed in the unlikely event of a difficulty arising. We offer Buyer Protection but it is up to the member to file for the claim within the necessary deadline with the necessary information. Since we were not physically involved in the actual transaction we would not be aware of whether or not there was a difficulty. A buyer will need to review our terms at this point and alert us so that we can assist them in this situation.

Please be aware that eBay is unable to directly mediate, initiate formal proceedings against a seller, or file reports on behalf of an eBay member. We can, however, provide a number of suggestions to assist you in resolving this situation.

At this time I encourage you to file an Item Not Received dispute. Buyers can file a dispute between 10 and 60 days after the transaction date. This process is designed to make communication between you and the seller easier. Once you have completed this dispute process, you may also be eligible to file a claim under eBay's Standard Purchase Protection Program. More information on this program can be found on the following help page:

http://pages.ebay.com/help/tp/isgw-buyer-protection-steps.html

I assure you that our staff is equally concerned about the sale of illegal goods on the site. It's always frustrating for us to hear that members are unknowingly purchasing them from sellers in any country, and it is not in keeping with the spirit of the majority of transactions on eBay or the eBay values. In case you were not aware of them, the eBay values promote open communication and respect between traders.

You may be interested to know that we have a program (called the VeRO program) in which we work with many different rights holders to actively remove listings that sell apparently illegal goods from the site. Since we do not handle the goods directly, the rights owners are a valuable resource to us in removing listings and taking action on sellers.

In the future Lee, if you see questionable activity on the site, or if you receive goods that are not as the seller described, we encourage you to help us take action by reporting it to us, or to the rights owner directly. To reach eBay with your report, please visit the webform and choose the best possible topic and subtopic. We will redirect it to the appropriate department if necessary. All reports are reviewed. I have included the webform below:

http://pages.ebay.com/help/contact_us/_base/index.html

When it comes to feedbacks, we wanted to create a system where everybody is free to leave their side of the story in every transaction they are involved in. If eBay were to prevent people from leaving certain feedback, or if we were to pick and choose which feedback comments could be left, then the feedback system would no longer be a free, open place for people to communicate their experiences. For this reason, feedback is normally not removable from the site.

This is why we so strongly recommend trying to work with your trading partners in resolving any problems before leaving feedback. The feedback system is also set up in such a way that retaliatory comments are easily apparent. When a potential trading partner sees that you have a large number of positive comments mixed in with a negative comment or two, the positive comments you have received will always outweigh a negative comment.

Lee, I can only tell you that it's important to speak the truth about your experiences dealing with another eBay member. If that means you feel it appropriate to leave negative feedback - then you should leave it. Your comment may prevent others from running into a similar situation with that member in the future.

Lastly, as a venue for buyers and sellers to meet, please understand that eBay has limited legal powers to become involved in a dispute between a buyer and seller. More information on this subject can be found in the "Abusing eBay" section of our User Agreement. You can review the User Agreement at the following page:

http://pages.ebay.com/help/policies/user-agreement.html

Although we are unable to provide mediation or initiate formal proceedings against this seller, we will cooperate with any inquires and requests from law enforcement agencies, and we would encourage you to pursue this matter further through the appropriate agencies and organizations.

I understand that this has been a frustrating experience for you Lee. I also understand that you are experiencing further frustration regarding eBay's involvement in this issue. We are continually looking into ways to improve the site and appreciate your input.

Regards,
Meyer on behalf of Bill Cobb
President
eBay North America

From: Lee Berkovits [lee@leesantiques.com]
To: On behalf of Bill Cobb [billcobb@ebay.com]
Subject: Re: Hello

Hello Grady,

Thank you for your response to my email. I think. Do you have any idea how off the mark your response is? We are not talking about somebody who simply made a mistake. Or who wants to talk rationally about finding a solution. We're talking about people who are criminals.

Who are committing fraud. I have in my posession 2 items that are totally bogus - and the seller knew this before ever making the listing. They sell thousands of similar items all the time through multiple Ebay ids. I've just sent your bosses an open letter. Which is also being posted on my new website www.fraudonebay.net

I'll post any and all replies - I want to be fair and open here. Wish Ebay felt the same way. If you have no objections, I'll post this full email thread as well. Why not? An informed public is one that can make their own intelligent decisions. Your choice, but unless I specifically hear from you not to post this, I will.

When you (and Ebay) say: "Due to privacy concerns, we cannot discuss the details of any action taken." do you have any idea how insulting and patronizing that sounds? I hope that you don't intend it to sound that way. But it does. We've been hearing this for years. And nothing gets done. And everything gets hidden under the mantra of "privacy concerns". What about all the people who are stuck with these fakes?

Please let me know what you need to rid Ebay of this one rotten apple. It's a start, at least. Then we can go after the next one. There's an endless number of them, so the process will go on for a long, long time. But it needs to be done.

Also, how can I leave a negative without getting one in return?

Thank you.
Lee Berkovits

From: "On behalf of Bill Cobb" [billcobb@ebay.com]
To: "Lee Berkovits" [lee@leesantiques.com]
Sent: Tuesday, February 28, 2006 2:08 PM
Subject: Re: Hello (KMM48479843V46974L0KM)

Hello Lee,

Thank you for your email to Bill Cobb. Bill has personally asked me to respond to your concerns on his behalf.

Lee, I want to thank you again for notifying us of your concerns with your transaction with member "grandmas_treasure_trunk" regarding item #7744500135, 6605537414. i have reviewed you report and would like to reassure you that we are investigating this matter and will take appropriate action. Such action may include issuing a warning, a temporary suspension, an indefinite suspension or terminating the membership. Due to privacy concerns, we cannot discuss the details of any action taken. I hope you understand our policy and that it assures you that your personal account history will always remain private. For future reference, please keep in mind that eBay uses a number of factors to determine when to take action. These factors include reports filed by eBay members, the seller's feedback score, and reports received from law enforcement agencies.

At this time Lee, I would like to review some options that I believe you should pursue based on the information provided. Please understand that since eBay does not actually handle the merchandise or payment, we are unable to directly intervene. However, I can provide you with some suggestions that may be of assistance.

Some information about the options I am going to discuss can be found at:

http://pages.ebay.com/help/tp/isgw-buyer-protection-steps.html

First, if you have not done so already, I would suggest for you to contact your seller by telephone. eBay encourages open and honest communication, and we believe that these issues can often be resolved with a conversation.

To request contact information, please follow the steps below:

1. Click the "Advanced Search" link at the top of any eBay page.

2. Click the "Find Contact Information" link that will appear on the side of the page.

3. On the "Find Contact Information" page, enter in the User ID of the member you wish to find and add the Item number of your transaction with the member.

Next, if you were unable to directly resolve this matter through open communication, I would suggest for you to file for an Item Not Received or Significantly Not as Described dispute.

Please keep in mind that eBay requires a minimum of 10 day waiting period after the auction has ended before this dispute can be opened. This allows the seller sufficient time to receive and clear payment, pack and ship the item, and address any of your questions and concerns. Lee, as you may already be familiar with this dispute process, I will be providing this again to ensure complete understanding. The dispute process is designed to make communication between buyers and sellers easier. Once you have completed the dispute process, you may also be eligible to file a claim under eBay's Standard Purchase Protection Program. More information on this process can be found at the Web address provided above.

Please note that since you used PayPal to purchase these items, you will be re-directed to PayPal's Buyer Complaint Process after you file a dispute on eBay. This process is quite similar to eBay's dispute process, You can find more information about this process at:

http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/protections-buyer-outside

When you file a Buyer Complaint claim with PayPal for an eBay transaction that is eligible for either the PayPal Buyer Protection Policy or eBay's Standard Purchase Protection Program, the PayPal team will automatically process your claim for review under each of these programs. In these cases, if you do qualify you will be paid out by PayPal and do not need to file a separate claim with eBay. Finally, let me assure you again that both eBay and PayPal monitors the number of complaints issued against a user, and we will take appropriate action up to and including permanent suspension of an account.

For more information on eBay's Standard Purchase Protection Program, please visit:

http://pages.ebay.com/help/tp/esppp-coverage-eligibility.html

On behalf of Bill Cobb, I hope that I have addressed all your concerns. We thank you for being a valued member in the eBay community and we wish you success in your future transactions.

Regards,
Grady on behalf of Bill Cobb
President
eBay North America

From: Lee Berkovits [lee@leesantiques.com]
To: On behalf of Bill Cobb [billcobb@ebay.com]
Subject: Re: Hello

Kathryn,

I'm curious, what was the point in forming this group? And why were we asked to sign non-disclosure forms? It isn't like we (or at least I) have been given any information at all. Can't disclose what we don't know... That first conference call back in November was a nice start - but nothing has happened since. If you are too busy with other duties, perhaps this should be handled by someone else with the time to deal with it properly.

I'm sorry to hear, but not surprised, that you can't/won't provide this information. Sad, isn't it.......

I have already obtained it anyway. I have purchased 2 items from this Ebayer. As part of the notice of sale Cody's name and address were provided to me.

Once I have the items (they are already paid for and should be on their way), I can proceed as the victim of fraud.

I would hope that Ebay will work with me on this. Yes, I can simply go to their local police, and other law enforcement on my own and press charges. But that is both expensive and time consuming. And difficult for someone who doesn't live in their state to do. Palmer, Tennessee isn't exactly next door to me. What I really want is to get them off of Ebay - thus making the site that much safer.

Please advise as to how I should file a complaint as a fraud victim, as the buyer of blatantly misrepresented merchandise.

I certainly hope that Ebay is serious about this problem, and wants to do the proper thing in identifying and ridding the site of people like this.

I look forward to working with you and Ebay on this matter, and in having Ebay's help and cooperation in solving this problem. We may not be able to eliminate all fraud, but at least we can start with this one dealer. If you can't help on this matter, please forward this email to someone who can. Maybe I should be dealing with someone who is actually in Trust & Safety, or the Legal Department, on this.

I want to work WITH Ebay on this, and I should think that Ebay would want to be rid of a bad apple as well.

Thank you,
Lee Berkovits

From: Kane, Kathryn
To: Lee Berkovits
Sent: Wednesday, February 22, 2006 1:29 PM
Subject: RE: Hello

Lee,

I appreciate your wanting to help out but I cannot provide that information to you. As soon as I have any additional information I will share it with you.

Thanks,
Kathryn

From: Lee Berkovits [Lee@Leesantiques.com]
Sent: Friday, February 17, 2006 2:28 PM
To: Kane, Kathryn
Subject: Re: Hello

Hi Kathryn,

Yup - Ebay allows private feedback and also allows sellers to hide the id's of the buyers. A lot of us have always wondered why, when all it seems to do is help people hide from the folk that they are robbing. Just a thought.

I can certainly appreciate your being busy. I do want to continue to try and help. And eliminating this one bad apple seems like as good a place as any to start.

I was going to file complaints with the BBB and her local law enforcement authorities, maybe they can do something. But I need to know her address. All it says on her listing pages is "United States". Not even which state she is in. I promise not to pass it on to anyone other than law enforcement. Nor will I try to contact her using this information from you.

I simply want to take action against a blatant fraudster.

Thanks in advance for your kind help in this matter.

Here's wishing you a nice weekend as well.
Lee Berkovits

From: Kane, Kathryn
To: Lee Berkovits
Sent: Friday, February 17, 2006 12:55 PM
Subject: RE: Hello

Lee,

As we allow private feedback it is at the buyer's discretion to bid on an item or not bid on an item.

I am sorry if you feel our T&S team is not taking action but they are working very hard and have been incredibly successful. I am working on this as well as many other projects so I will appreciate your patience.

I hope you have a nice weekend.
Kathryn

From: Lee Berkovits [Lee@Leesantiques.com]
Sent: Thursday, February 16, 2006 4:45 PM
To: Kane, Kathryn
Subject: Re: Hello

Hi Kathryn,

Sorry, I thought that the seller's id was included in the email I sent you.

Here it is: grandmas_treasure_trunk. I notice that the feedback is private. Gee, I wonder why...... Probably to hide all the bad comments about fraudulent sales....

Here is the item number for the item I complained about - but everything she is selling is fake, near as I can tell.

7388940258

I'm not seeing Trust & Safety doing anything? Please please please check the boards! Nobody is!!!! I would think that Tiffany's lawsuit would also be evidence of this....

Lee

From: Kane, Kathryn
To: Lee Berkovits
Sent: Thursday, February 16, 2006 6:56 PM
Subject: RE: Hello

Hello Lee,

You didn't forward me on the seller's ID or a link to the listing which would be helpful.

Again, I understand your frustrations and I am working towards the good of two categories. The Trust & Safety group is working hard at preventing fraud across the site and is doing an incredible job even if you feel that you are not seeing it.

At this time I will not be able to do much about this one seller as I do not control this aspect of the site. I can forward any suspicious sellers on to the T&S team for review.

Thank you,
Kathryn

From: Lee Berkovits [Lee@Leesantiques.com]
Sent: Thursday, February 16, 2006 11:44 AM
To: Kane, Kathryn
Subject: Re: Hello

Kathryn,

Here's another example of a seller who is selling blatant reproductions without notifying the buyers that this is the case. Her "Nippon" pieces CAN'T be real - Nippon wasn't legitimately used after around 1922 or so. Lucille Ball was a star in the 50's - maybe late 40's, I'm not sure.

There is simply no way that these pieces can be real. Fake Nippon is flooding the market. As I look down her list of offerings currently on Ebay, everything that I see is a reproduction. I've simply seen too many such pieces on the market in recent years. Some offerred as the fakes that they are, some as real, some as "buyer use own discetion." I've notified the appropriate Trust & Safety people through the Ebay form, but of course nothing has been done.

How can we get this seller to stop selling fakes? What would it take to get Ebay to take serious action against her? Like, say, not letting her list anymore? Or not listing without accurately identifying anything as being the repro's that they are?

This is a prime example of what we all are talking about.

Please advise.

Thank you.
Lee Berkovits

From: Kane, Kathryn
To: Lee Berkovits
Sent: Tuesday, February 14, 2006 7:03 PM
Subject: RE: Hello

Hello Lee,

I appreciate your enthusiasm and can certainly understand your disappointment.

As you know, I not only manage Pottery & Glass but also the entire Collectibles category so I am working towards the good of both areas.

As you may know, we are launching a new site experience in April called eBay Express and the majority of my time has been dedicated to working on that.

As I mentioned on our call, we were hoping to get something going on this in Q1 so there is still hope that we will accomplish that goal. I have been working very hard on my end to gain support for the initiative and will be sure to communicate out to the group with any updates.

Thanks again for your support.
Kathryn

From: Lee Berkovits [Lee@Leesantiques.com]
Sent: Tuesday, February 14, 2006 12:59 PM
To: Kane, Kathryn
Subject: Re: Hello

Kathryn,

I'm disappointed. I had hoped for more progress by now. It's been over 2 months since that one group phone call. Isn't it possible to advance the project in some way at this time?

Too much misrepresentation, not to mention outright fraud, occurs on Ebay every day. I am strongly in favor of taking action to stem this. What can I do?

Please advise.

Thank you.
Lee Berkovits

From: Kane, Kathryn
To: Lee Berkovits
Sent: Tuesday, February 14, 2006 2:28 PM
Subject: RE: Hello

Hello Lee,

Thank you so much for checking in with me.

My team and I were unable to travel to SLC in January but they will be visiting this week on the 16th. I will not be able to attend with them as I have to travel to another tradeshow but rest assured that we will have representation from the other Category Managers within the Collectibles world.

I will contact the group when I have more information.

Thanks again,
Kathryn

From: Lee Berkovits [Lee@Leesantiques.com]
Sent: Monday, February 13, 2006 1:31 PM
To: Kane, Kathryn
Subject: Hello

Hi Kathryn,

Don't you if you got my email from a week ago or not, so figured that I'ld resend it just in case. I would guess that you don't have as much snow on the ground at the moment as we do. :-)

How are you? How was the Trust & Safety meeting last month?

I hope that it went well.

Just wondering when the next phone conference will be, and what is happening.

I hope that all is well.

Sincerely,
Lee Berkovits