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Bought fake clothing on craigslist

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Jillof3

Junior Member
What is the name of your state (only U.S. law)? TX

I bought a counterfeit clothing item off craigslist a few days ago. The item was presented to me as authentic. I inspected the item when I met with the seller, but when I got home I realized it was not real. I contacted the seller immediately, calling, texting, emails--and have only received one text back claiming if I did not stop contacting him he was going to file harrassment charges. What are my rights as far as getting my money back? How can I locate the seller? And what should I do to try to get my money back? I have the seller's full name and phone number, but the seller has now changed his phone number and canceled the email address he was using. The item was only 70.00, but I am so angry. Will I ever see this money again?!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? TX

I bought a counterfeit clothing item off craigslist a few days ago. The item was presented to me as authentic. I inspected the item when I met with the seller, but when I got home I realized it was not real. I contacted the seller immediately, calling, texting, emails--and have only received one text back claiming if I did not stop contacting him he was going to file harrassment charges. What are my rights as far as getting my money back? How can I locate the seller? And what should I do to try to get my money back? I have the seller's full name and phone number, but the seller has now changed his phone number and canceled the email address he was using. The item was only 70.00, but I am so angry. Will I ever see this money again?!


Short answer: No.
 

swalsh411

Senior Member
The item was acceptable to you at the time or purchase. I don't see you having any case. Did the seller tell you it was authentic?
 

Proserpina

Senior Member
The item was acceptable to you at the time or purchase. I don't see you having any case. Did the seller tell you it was authentic?

Doesn't really matter.


This would be civil, and given that the OP can't locate the seller there's little she could do anyway. Even if she could find the seller and took the matter to small claims, TX protects regular creditors from garnishing wages; it would be nothing but a waste of time and even more money.
 

Jillof3

Junior Member
I can't remember if he blatantly said it was real. He did not in person, but I don't recall the actual craigslist ad and it has since been taken down. It certainly didn't say "REPLICA." But at the end of the day, it is illegal to sell counterfeit items!! Plus it was dark when we met, I could barely see the item, it is unfair. Can I file a police report?
 

swalsh411

Senior Member
It's also illegal to buy counterfeit items in many circumstances.

Look at it this way. You learned a valuable lesson and it only cost you $70.

Good luck proving he said it was authentic if you have no evidence.
 

OHRoadwarrior

Senior Member
I can't remember if he blatantly said it was real. He did not in person, but I don't recall the actual craigslist ad and it has since been taken down. It certainly didn't say "REPLICA." But at the end of the day, it is illegal to sell counterfeit items!! Plus it was dark when we met, I could barely see the item, it is unfair. Can I file a police report?
I suggest in the future, you exercise better judgment. The police are not going to waste their time.
 

Zigner

Senior Member, Non-Attorney
In other words...you met some guy in a dark alley and bought xyz designer goods at a steal!

Really - this is the same as the guy selling stereos from his trunk or the guy selling DVD's on the corner for $1.
 

Proserpina

Senior Member
I can't remember if he blatantly said it was real. He did not in person, but I don't recall the actual craigslist ad and it has since been taken down. It certainly didn't say "REPLICA." But at the end of the day, it is illegal to sell counterfeit items!! Plus it was dark when we met, I could barely see the item, it is unfair. Can I file a police report?


It's also illegal to BUY them.

Google "unclean hands".
 

Proserpina

Senior Member
In other words...you met some guy in a dark alley and bought xyz designer goods at a steal!

Really - this is the same as the guy selling stereos from his trunk or the guy selling DVD's on the corner for $1.


Yup! And then complaining that his Gangnam CD is really ABBA's Greatest Hits once he gets the wrapper off.
 

Jillof3

Junior Member
I did not KNOW it was counterfeit! How does that give me unclean hands? Why would I be doing all these if I knew it was replica?
 

Proserpina

Senior Member
I did not KNOW it was counterfeit! How does that give me unclean hands? Why would I be doing all these if I knew it was replica?

Let's try a different approach :)

Why would you expect a designer item to be sold on Craigslist for what..how much off the RRP?
 

Jillof3

Junior Member
I was under the impression it was "pre-owned." The ad did say it was pre-owned but in new condition. Not that is was replica. I thought simply because it was pre-owned it was being sold at 70.00. I did not realize it was fake until I got it home later that night. This is unfair. There must be something I can do. Small claims court? Police report? And can he really file harrassment charges because I was contacting him to get my money back?
 

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