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Is this considered false advertising? Includes listing for Friday the 13th NES game


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4 replies to this topic

#1 Br0keAssGamer

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Posted 02 August 2012 - 07:12 PM

As a new eBay seller, I have a question about something that I feel you guys might be able to help me with. Im sure you're all familiar with the Angry Video Game Nerd correct? Well if I were to sell a copy of Friday the 13th for NES and put the word AVGN after the standard game title on the listing, would that be false advertising it as something that he owned or anything like that? Or would that simply be making note of the fact that he is well known for playing that game and that I'm aware of its popularity because of that. I know this is a cheap item, I was just wondering what your thoughts on that were. Thanks everyone :)

Regardless, here's the listing in case anyone is interested in the game. Its actually pretty fun, especially if you're a fan of the AVGN. I left his name out of the title
http://www.ebay.com/...9#ht_500wt_1287

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#2 Josh1billion

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Posted 02 August 2012 - 07:55 PM

The eBay policy you're looking for is called "Item not as described."

If the reason you're doing it is to show up in more search results or to attract more initial attention, I think you could get away with throwing in "AVGN" or perhaps "as seen on AVGN" somewhere in the title. I'd just make sure you make it clear in the description that the cartridge isn't the same exact cartridge shown on AVGN, but is another cartridge of the same game shown on AVGN.

Keep in mind that eBay/PayPal sides with buyers nearly every single time, so when writing your ad, ask yourself this: is this misleading the buyer to a point that they're likely to file for a refund? If they file for it, they'll probably get it. And if they do, you'll lose money overall on the whole ordeal, because you'll have to pay for not only your initial shipping to them, but also the return shipping when they return it back to you. So yeah, just make sure your description makes it clear what you mean by the "AVGN" sitting up there in the title; ambiguity isn't something I'd risk, personally.

For reference on how easy it is for buyers to get a full refund from you for no reason, let alone a legitimate reason, here are some of the many horror stores of legitimate sellers getting scammed by buyers filing false "item not as described" claims:
- link 1
- link 2

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#3 Br0keAssGamer

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Posted 02 August 2012 - 09:47 PM

Thanks a lot man, that really helped clear it up. I think with what I'm doing throwing that up should be fine. In the description i put something along the lines of "any AVGN fan must play this game as it was the subject of a classic episode" as long as i make sure not to mislead people i should be fine. Thanks so much :)

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"I don't care if it's another fucking Mario/Duck Hunt. It's the only thing I've found today so I'm buying it!"
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#4 Josh1billion

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Posted 03 August 2012 - 12:49 AM

No problem. Good luck with the auction. :)

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#5 burritoman

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Posted 05 August 2012 - 03:06 AM

I think it looks fine.

Man that game is shitty.

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