Need advice for odd situation

[Radd]

Problem solved. Thanks.

 

[Just Blue]

What is the name of your state (only U.S. law)? Ohio

On Friday, June 31, I sold/traded a fake vaporizer to someone else over a subreddit. He sent me another vape, a "Crafty" via USPS, and in exchange, I sent him my vape via USPS. He is angry that the vaporizer is fake, but I never advertised it as real. He claims he is going to take legal action now, and I'm here to ask if I have done anything illegal?

Thank you.

Based just what you posted? Yes you did. Hire an attorney.

 

[Radd]

What exactly was illegal?

 

[Proserpina]

What exactly was illegal?

How did you represent the item?

 

[Proserpina]

This is a direct copy and paste.

"I have a LIKE NEW Mighty Vaporizer. I used it one time, I just do not like how big it is. I need something smaller. Asking for $275."

And was it indeed a Mighty brand that you sent him?

 

[Radd]

And was it indeed a Mighty brand that you sent him?

Yes. It says mighty on it multiple times and it actually works. But it is not an authentic mighty from the company who makes the real thing.

 

[Proserpina]

Yes. It says mighty on it multiple times and it actually works. But it is not an authentic mighty from the company who makes the real thing.

And what would one expect to pay for a slightly-used genuine product, versus a slightly-used knock-off?

 

[Radd]

And what would one expect to pay for a slightly-used genuine product, versus a slightly-used knock-off?

Used genuine one would go for about 300-350
A knock-off would be around 100-150

 

[quincy]

Did you advertise the vaporizer as a Mighty vaporizer, with a capital M, instead of a mighty vaporizer, with a small m?

The Mighty with a big M is a trademark of Storz & Bickel. You either misrepresented the vaporizer in your ad, if you used a capital M Mighty, or you sold a counterfeit product. Neither is terrific.

The purchaser of the fake could take legal action against you for deceptive advertising or he could report you for selling counterfeit items online. The smartest action you might take is to return the "Crafty" to the fellow.

 

[Proserpina]

Used genuine one would go for about 300-350
A knock-off would be around 100-150

So would it be fair to say that Jimmy JustGotRippedOff would have reasonably expected your ad to indicate you were in fact selling a slightly-used genuine Mighty brand vape?

Yes. Yes, it would.

So here's some advice. Don't try to use word-play to con someone out of their hard-earned cash. You'll probably get lucky this time, but sooner or later you're going to con the wrong person and a lawsuit will be the least of your worries.

Now go forth and con no more.

 

[Proserpina]

And pay attention to quincy.

Always pay attention to quincy!

 

[quincy]

So would it be fair to say that Jimmy JustGotRippedOff would have reasonably expected your ad to indicate you were in fact selling a slightly-used genuine Mighty brand vape?

Yes. Yes, it would.

So here's some advice. Don't try to use word-play to con someone out of their hard-earned cash. You'll probably get lucky this time, but sooner or later you're going to con the wrong person and a lawsuit will be the least of your worries.

Now go forth and con no more.

If it's a counterfeit item, he may not be so lucky.

Oh. And don't always pay attention to quincy - quincy remembers being corrected quite rightly earlier today by Proserpina and latigo.