Authenticity is Everything
Legal rights.
Guys, I've been asked this by a buddy and I told him I would do some homework for him
he bought a signed item for 2g's and he got a well known authenticator to say it was not real. It is too for past the dead lines for chargebacks (6 months ago) and what not and that was already exhausted. Because of the dollar amount, is this a crime? Can a criminal charge be filed? Civil court etc...
Does anyone have any real world advice.
Thanks
Replies to This Discussion
-
Permalink Reply by Dane on
-
If he still has the original receipt showing the item (at least a description, more is better, obviously), and the total purchase price paid, he might actually be able to ask the original seller for a refund. Failing that, contact the USPS Postmaster for his locality, the local police and maybe the FBI.
-
Permalink Reply by Dan Gregory on
-
Not sure how it works in the States but I recently helped a couple here in New Zealand who had the identical problem. In their case the Police said it was a civil matter and would not get involved so you may wish to confirm this with your local Sheriff or FBI office. Also for the case:
1. Does the person who purchased it have the original advert saved or printed out to give as evidence including any claims on authenticity by the seller.
2. Did they contact the original seller and have emails and what did the seller say?
3. What was the reason(s) given by the authenticator to say the item was not real?
4. Has the person contacted either PayPal or their credit card company to try a chargeback and already been refused?
5. Is the seller still selling or have they closed and moved on. If not active, do you have their details to file a claim against them?
Sorry for all the questions but all the points are needed to proceed.
In the case I recently dealt with the person in question sold a forged music item with a Chris Morales COA. This was almost 10 years ago and before all the bad stuff on Morales was showing online as it is now.
The seller refused a refund, firstly denying they sold it and then when this was shown as the buyer kept a screenshot of the advert they refused a refund stating it was authentic. After getting 2 authenticators to say it was a bad fake they blocked the buyer and refused a refund despite their advert saying the item was real.
The credit card company said it was too long for a chargeback. They tried the Police who said it was not a criminal matter but we obtained the address for the seller who was still selling other items, not autographs. A letter was sent asking for a refund or court action would be taken and they ignored this.
We then filed a court case in the local District Court. After managing to get the case delayed 4 times we finally came to court late last year. The seller and the lawyer then tried to claim that the authenticators were lying and that he did not offer a refund in his advert and this was not covered by consumer law so he was not liable to refund the money.
Thankfully after putting up a list of genuine signatures side by side with this fake the judge was convinced that this was a bad fake and ruled that the couple should be refunded and the fake be destoyed whch was then torn up. It took a long time but was worth it.
Apologies for the long worded post but hopefully your friend can get the process started to get their money back
-
Permalink Reply by terrier8HOF on
-
Dan, I just noticed that you are from NZ. Ever heard of Kylie Harris?
-
-
Hi terrier, if it''s the same one she is a good country singer if that's the lady you mean?
-
-
yes that's the one! she is married to my cousin. very nice young woman. They had a baby about two years ago.
-
-
Wow, small world. Do they live in NZ or the USA? She has a good following over here
-
-
They were in Nashville for a few years. Moved north recently but still in the states. Her husband was the drummer in Robert plants band of joy.
-
Permalink Reply by Cory Clarkson on
-
i think your buddy is stuck with the item. there's really nothing you can do
-
-
Just a couple questions (beyond what's already been covered):
1) Is the authenticator willing to be a material witness, should this go to court? Also, your wording seems unusual. Why would your friend get an authenticator to say it's not real? That's not quite the same as simply saying an authenticator said it wasn't real.
2) Regardless of value, it might still be a criminal action (in the US). Did the item cross state lines? On the dollar value alone, it's a Class D felony, if anyone chose to prosecute it.I'm really unsure of whether your friend will ever get restitution (unless, again, they have receipts showing what they paid and showing the item being sold), but there is recourse, assuming they have proof.
© 2025 Created by Steve Cyrkin, Admin.
Powered by
Badges | Report an Issue | Privacy Policy | Terms of Service
