Credit card dispute lead merchant threaten me on theft

[quantcook]

What is the name of your state? Maryland

I made a purchase from a local consignment store and some of the handbags in the order looks to be replica instead of genuine.
I contacted the merchant and tried to return them but merchant refused.
I filed a dispute with my credit card company AMEX and AMEX didn't receive any answer from the mechant so AMEX went ahead and credited me the transaction amount. However AMEX did say the merchant can still reply by mid March if they want.
Today, I got an email from merchant saying they noticed i reversed the transaction from the bank and they had the video footage that I walked out of the store with the item and they asked me the pay the balance else they will file a police report for theft.
I feel absurd about this, I had the invoice showing the invoice is paid and they wouldn't let me take the items without being paid first.
So what's the proper way to respond to them?
Shall I ignore their email or let them know they need to respond to AMEX dispute properly?
thanks

 

[Just Blue]

What is the name of your state? Maryland

I made a purchase from a local consignment store and some of the handbags in the order looks to be replica instead of genuine.
I contacted the merchant and tried to return them but merchant refused.
I filed a dispute with my credit card company AMEX and AMEX didn't receive any answer from the mechant so AMEX went ahead and credited me the transaction amount. However AMEX did say the merchant can still reply by mid March if they want.
Today, I got an email from merchant saying they noticed i reversed the transaction from the bank and they had the video footage that I walked out of the store with the item and they asked me the pay the balance else they will file a police report for theft.
I feel absurd about this, I had the invoice showing the invoice is paid and they wouldn't let me take the items without being paid first.
So what's the proper way to respond to them?
Shall I ignore their email or let them know they need to respond to AMEX dispute properly?
thanks

Have you returned the purses to the consignment store? Because right now you have both money and items and that is why the merchant is threatening to contact the police. You can't keep both.

BTW: Did you verify that the purses are actually fakes? Or is this just a "feeling" you had?

 

[quantcook]

Have you returned the purses to the consignment store? Because right now you have both money and items and that is why the merchant is threatening to contact the police. You can't keep both.

BTW: Did you verify that the purses are actually fakes? Or is this just a "feeling" you had?

i returned to the store on the same day when we picked up the item and said i want to return the item. but the store clerk refused to accept our return.
so we filed the dispute through credit card company.
I replied to store manager's email saying i will return the handbags to them but she replied saying they don't accept return.

for the replica verification. the handbags log were printed in a wrong way and there's no serial number to verify the year of production, the genuine bag should all have a serial number in it.

so I'm willing to return the bags to them, but how to do that properly since they don't want to accept my return.
do i have the right to file dispute with my credit card company under fair credit billing act? and shouldn't the merchant discuss with credit card company if they think they are right instead of filing police report?

When i left the store with the items, i already paid for them, so there wouldn't be an act of theft, am I right?

 

[FarmerJ]

https://duckduckgo.com/?t=ffab&q=where+can+consumers++get+help+with+possible+counterfeit+++consumer+goods&atb=v320-1&ia=web is what I searched on , and this https://www.stopfakes.gov/article?id=Report-Fake-Goods I suggest you report the merchandise as possible counterfeit and ask them what to do with the merchandise and tell them you stopped payment on it.

 

[adjusterjack]

so I'm willing to return the bags to them, but how to do that properly since they don't want to accept my return.

You go to the store and you set the bags down on the counter. Have somebody make a video of you doing that and then leave.

do i have the right to file dispute with my credit card company under fair credit billing act?

Has nothing to do with any fair billing act. Your contract with the credit card company provides the feature that allows you to dispute a charge and get your money back. What you have to understand, though, is that feature doesn't carry the force of law. The seller still has the option of suing you under contract law. Too many people don't understand that when they get the chargeback.

shouldn't the merchant discuss with credit card company if they think they are right instead of filing police report?

Shoulda woulda coulda. The merchant's contract is with you.

When i left the store with the items, i already paid for them, so there wouldn't be an act of theft, am I right?

That would be your defense if you were prosecuted for theft. As long as you have the money and the items, that's still a possibility. They can report it as theft. The authorities can allege theft. You can hire a criminal defense attorney to defend you.

 

[quantcook]

https://duckduckgo.com/?t=ffab&q=where+can+consumers++get+help+with+possible+counterfeit+++consumer+goods&atb=v320-1&ia=web is what I searched on , and this https://www.stopfakes.gov/article?id=Report-Fake-Goods I suggest you report the merchandise as possible counterfeit and ask them what to do with the merchandise and tell them you stopped payment on it.

thanks for the help.
should I also file a complaint with bbb or attorney general? will that be helpful and worthy a try?

 

[adjusterjack]

BBB is useless.

AG will just file the complaint and probably not take action until a lot of complaints pile up.

You're not going to stop a scammer from scamming.

 

[quantcook]

You go to the store and you set the bags down on the counter. Have somebody make a video of you doing that and then leave.



Has nothing to do with any fair billing act. Your contract with the credit card company provides the feature that allows you to dispute a charge and get your money back. What you have to understand, though, is that feature doesn't carry the force of law. The seller still has the option of suing you under contract law. Too many people don't understand that when they get the chargeback.



Shoulda woulda coulda. The merchant's contract is with you.



That would be your defense if you were prosecuted for theft. As long as you have the money and the items, that's still a possibility. They can report it as theft. The authorities can allege theft. You can hire a criminal defense attorney to defend you.

thanks for your professional help and advice.

BBB is useless.

AG will just file the complaint and probably not take action until a lot of complaints pile up.

You're not going to stop a scammer from scamming.

well. i feel so sorry for our consumers.

 

[Zigner]

thanks for your professional help and advice.


well. i feel so sorry for our consumers.

They sold a counterfeit item - that is against the law.

With that said - you had EVERY opportunity to examine the item for these obvious signs. In my opinion, and this is a personal opinion that runs contrary to the actual law, you are just as responsible for this as they are.

 

[quincy]

You should notify the trademark holder directly that the consignment shop sold you (what you believe to be) counterfeit handbags. Take photos of the handbags and send copies to the trademark holder.

The trademark holder will no doubt take action on your report. Most trademark owners take trademark infringement very seriously.

A consignment shop does not own the items it sells. The shop is a third party, taking a percentage of the sales price of an item for facilitating the sale for the owner of the item.

However, a consignment shop/thrift store/re-seller is still responsible for what it sells. It can share liability for selling illegal and/or unsafe items (under the contributory liability principle). You might find more willingness on the part of the shop to refund your money if you point out this fact.

 

[quincy]

Here are links to what you have said elsewhere are the trademark holders:

YSL: https://ysl.com/en-us/contactus

Louis Vuitton: https://us.louisvuitton.com/eng-us/magazine/articles/brand-protection#

As an additional note: A seller cannot escape liability by saying that what they sell has not been authenticated. If they are selling an item using the trademark to identify it, and the item they are selling turns out to be counterfeit, they are selling a counterfeit item and have infringed on the trademark rights of the trademark holder.