Is it illegal to mail counterfeit items using US postal service?

M

momoftwo

Member
Jun 13, 2008
25
0
#1
Hi, I bought a counterfeit purse on ebay and finally won the dispute. However, Paypal now wants me to mail the item back in its original condition to their office in Dallas. I read from one of the members of the purse forum that they resell the items. Also, most importantly, does anyone know if it is illegal to mail counterfeit items using the US Postal Service?
Thanks!
 
#4
To transport a counterfeit item through the US Postal Service is considered mail fraud which, as has been noted, is a Federal offense. You can use a shipping service such as UPS, I believe. I had to ship a bag to PayPal and that's what I did. :yes:
 
#5
You can call paypal, tell them you know it's illegal, and instead they will send you a stat dec form. You must declare you have destroyed the bag (ie thrown it in the bin) and then they will refund you.
 
#6
classicsgirl said:
You can call paypal, tell them you know it's illegal, and instead they will send you a stat dec form. You must declare you have destroyed the bag (ie thrown it in the bin) and then they will refund you.
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I did call PayPal and spoke with a supervisor. She said that it is not illegal to mail it to their office in Dallas as she claims that the US postal service knows that they destroy bags there. I am pretty sure she doesn't know what she is saying. I did suggest that I will destroy the bag and send them the pics and she said no. When I suggested that I destroy the bag before mailing it, she also said they would not accept it. She said Paypal needs it in its original condition to give me a refund. She said she will allow me to write "fake" on the inside, but I cannot destroy the bag. I don't get it!

I did write Paypal and asked if they would put it in writing that it is not illegal for me to mail counterfeit items to them.

How or who do you ask for a stat dec form?

Thanks.
 
#8
It is unbelievable. Paypal is still insisting that unless I mail the counterfeit item back to them in its original condition, they will not give me a refund. I asked about the fact that it is going to their liquidity service and she insist that they do not resell their counterfeit items. They also stressed that it is not illegal for me to mail it back to them. I asked for it to be in writing and she just emailed it to me. Of course, it is not on their letterhead. I guess I have to cave and mail it back to them if I want my refund. Well, I just found out that one of the zippers does not work. It should not matter right? After all, they are destroying the item.
 
#9
This is ridiculous.

..this may be stupid, but what if you talked to the PO about sending this item back and they gave you a letter stating that this is indeed illegal and is considered mail fraud? Then what would PP do?
 
#10
momoftwo said:
It is unbelievable. Paypal is still insisting that unless I mail the counterfeit item back to them in its original condition, they will not give me a refund. I asked about the fact that it is going to their liquidity service and she insist that they do not resell their counterfeit items. They also stressed that it is not illegal for me to mail it back to them. I asked for it to be in writing and she just emailed it to me. Of course, it is not on their letterhead. I guess I have to cave and mail it back to them if I want my refund. Well, I just found out that one of the zippers does not work. It should not matter right? After all, they are destroying the item.
Click to expand...

So when you mail it, put a COPY of the email from Paypal demanding that you mail the bag to them and saying it is NOT illegal IN THE BOX. At least then if the PO does open it for some reason, they have the letter from PAYPAL telling you to mail it and telling you that it is not illegal.... MAYBE?? And put PAYPAL's address as the TO and FROM address on the box!!
 
#11
It is a myth that it is illegal to mail them. It is illegal to use the US mail to SELL them, it is not illegal to mail them.

It is also illegal to sell them if you use UPS or FedEx, there is wording in the law that makes it illegal. Some sellers of counterfeits think they are in the clear if they are mailing via UPS or FedEx but basically using any courier service to transport counterfeit goods for commerce, is ILLEGAL.

Mailing it for other purposes is not illegal.
 
#14
Ellie Mae said:
So when you mail it, put a COPY of the email from Paypal demanding that you mail the bag to them and saying it is NOT illegal IN THE BOX. At least then if the PO does open it for some reason, they have the letter from PAYPAL telling you to mail it and telling you that it is not illegal.... MAYBE?? And put PAYPAL's address as the TO and FROM address on the box!!
Click to expand...

Copy of PayPal's email sounds like a good idea. You can ship via UPS or Fed Ex Ground rather than USPS, also. Whatever they are doing with these fakes, it sounds as if you will not get your refund unless you send the bag to them. Unfortunately, I think you will have to go ahead and send it.
 
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