Retailers Banning eBay Sellers

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AuctionBytes Blog
News and insight focusing on
ecommerce and the online auction industry
by Ina Steiner, Editor of AuctionBytes.com

August 08, 2007

Retailers Banning eBay Sellers - Your Experiences

By: Ina Steiner

Wed Aug 8 2007 11:36:30

AuctionBytes ran a piece on Tuesday about Pottery Barn Outlet stores banning eBay sellers from making any purchases. As expected, this is generating lots of discussion. Some sellers who were banned from the stores wrote to me to share their experiences, and I'd like to give them the opportunity to share their thoughts here. Please feel free to comment below.

Here are some questions I have for these sellers, plus I'd be interested to hear what others think about this, and if they have had similar experiences at other retail stores.

How important are Pottery Barn Outlet store purchases to you in your eBay businesses (for example, what percentage of your eBay inventory is sourced through Pottery Barn purchases)?

Have you been banned? If so, what was the reason given? (and from which store?)

If you were banned, how did the store staff know you were a reseller? Had you ever given the store your tax-exempt reseller number?

What kind of behavior did you observe from eBay sellers in the store, was it ever disruptive? If so, was it an ongoing problem? What did the store staff do to try to minimize the disruption? (which store?)

If you were banned, did you send someone else in your stead to make your purchases?

I've read that retailers often will put limits on how much of a particular item a customer may purchase. Would that work in the case of the Pottery Barn Outlet stores?

Why do you think Williams-Sonoma's Pottery Barn banned eBay sellers from their Outlet stores, and is there anyway they could ever enforce such a policy fairly?

There's also some talk about Williams-Sonoma's activity in terms of asking eBay to pull auctions that violate their trademark/copyright through the eBay VeRO program. Any observations?

This is an issue I'm sure I'll be revisiting, thanks for your comments, and feel free to email me as well.

Comments (130) | Comments Off | Permalink

Readers Comments

Retailers Banning eBay Sellers - Your Experiences

by: DavidDock

Mon Aug 3 22:54:42 2009

I do not have a tax ID #, I am a stay at home single mom who has had to buy furniture and accesories on the cheap. They refused to sell to me and I had two 70% clearance chipped candles in my cart!!! I felt like a thief. I was told that ''corporate'' had flagged me because of my frequent purchases. Yeah which may have totalled 4000$ and furnished my house and my exes townhouse. While I don't fault anyone for trying to make extra cash with EBAY Pottery Barn has gone too far. So I like to shop clearance! So what! I'm on a budget and I get punished for being a savvy shopper?

administration jobs in london

Retailers Banning eBay Sellers - Your Experiences

by: what?

Tue Aug 4 08:32:31 2009

DavidDock,
Was this recently that they refused to sell to you? Did they just recognoze you or did they " flag" you after you used a credit card to pay? It is ludacris that any store would refuse to sell to anyone. The customers keep them and their employees employed! Would they really rather pay unemployment then sell a set of sheets to someone who may or may not put them on EBAY? Its none of their concern WHAT anyone does with ANYTHING they buy. This is not a communist country. If Pottery Barn doesn't want to sell items then close your stores.

Retailers Banning eBay Sellers - Your Experiences

by: jaystarga

Thu Aug 13 19:05:03 2009

Pottery Barn does not franchise its stores. They have every right to control both their trademarks and distribution channels. They have no obligation to any of you to even explain their internal policies
because its none of your dam business,
you should all consider yourself lucky
they dont send you a bill for royalties for the unauthoried use of their trade marks & dipictions, plus legal fees to
collect, it sure would be real easy to
reconside each time a photo was used. All you know how to do is Sue, No
attorney will touch this.

Retailers Banning eBay Sellers - Your Experiences

by: Chris

Fri Aug 14 03:28:16 2009

Wow Jay, that's a lot of anger you have there. I'm guessing you're an employee by the other posts I've seen from you. So, why hate people who spend a million dollars a year at your company?
I'm an ebayer & each year my store calls me to let me know I'm the top customer for the year. That means I've purchased more than anyone else at that store. I purchase items at the same price everyone else can purchase them at. (unlike employees who get 40% off and then resell it on ebay) I'm nice, polite, pay taxes & report my income. Why ban me? My customers love pbk merchandise & are thrilled to find that sold out item they can't find anywhere else.
I've been selling pbk since 2003. I've never used a pbk photo or copied any of their text. Most of the good sellers know how to play within the rules.
If pbk wants to stop people from using their photos on ebay all they have to do is VERO the listing. It's interesting that they don't bother to do so.
Why is that Jay?

Retailers Banning eBay Sellers - Your Experiences

by: PBKPB

Sun Aug 16 19:52:21 2009

I agree with Chris. Seems like Jay is so angry with the Ebayers, and I can imagine that while typing his comment, his fingers are shaking due to so much anger that his spelling had kinda went south. So, let's see...
dam
unauthoried
dipictions
reconside
Sue (why in Caps???)
Wow, Jay, your anger would have more impact had it been that your words were spelled correctly. Now I just find it funny...

Retailers Banning eBay Sellers - Your Experiences

by: o.c.d.collectibles

Sun Aug 16 21:00:28 2009

how can they tell you are an ebay seller? do you wear a badge or something? When I shop, I look like a fricken bag lady!LOL! No one can tell I sell ANYWHERE!LMAO! (that's the key to getting in to places early as well!) you "new retail" sellers are goofy. You can find the same kind of stuff, (and better) in some thrift stores and yard sales for next to nothing. You have to think in terms of carrying other lines besides only ONE.

Retailers Banning eBay Sellers - Your Experiences

by: Annie

Mon Aug 17 21:50:27 2009

You've got a point there OCD. however, selling PB/PBK items are faster than selling any other items you can find in yard sale or thrift shops. Which means, faster return of investment and profit.
That's why a lot of sellers buy PB stuff and sell it in Ebay.

Retailers Banning eBay Sellers - Your Experiences

by: Ming the Merciless

Mon Aug 17 23:16:06 2009

Isn't it curious that Pottery Barn seems to be able to determine who they'll sell to and who they won't sell to yet ebay is now forcing auaction style sellers to sell blind.

If Pottery Barn has the legal right to determine distribution channels and re sellers, then ebay sellers also have this legal right.

Tirn in ebay for the criminal enterprise that it is:

1. US Department of Justice (DoJ)
Anti Trust Division
950 Pennsylvania Avenue, NW
Washington, DC 20530
E-mail: antitrust.atr@usdoj.gov

How to submit a complaint:

http://www.usdoj.gov/atr/contact/newcase.htm

2. Federal Trade Commission (FTC)
Consumer Response Center
600 Pennsylvania Avenue, NW
Washington, DC 20580

Mission: The Federal Trade Commission is the nation's consumer protection agency. The FTC's Bureau of Consumer Protection works For The Consumer to prevent fraud, deception, and unfair business practices in the marketplace.

The Bureau:

Enhances consumer confidence by enforcing federal laws that protect consumers Empowers consumers with free information to help them exercise their rights and spot and avoid fraud and deception Wants to hear from consumers who want to get information or file a complaint about fraud or identity theft

To report a company for a pattern and practice of suspected fraud:

1-877-382-4357

The FTC doe NOT resolve individual consumer complaints. Please confine your remarks whether verbal or written to ebay/PayPal policies you believe are illegal.

Online fraud complaint form:

https://www.ftccomplaintassistant.gov/

3. Securities and Exchange Commission
SEC Complaint Center
100 F Street NE
Washington, D.C. 20549-0213

http://www.sec.gov/divisions/enforce.shtml
(above link includes information about insider trading and sending tips and complaints

1. Insider trading: http://www.sec.gov/divisions/enforce/insider.htm
2. Tips and Complaints: http://www.sec.gov/complaint.shtml

Online complaint forms: http://www.sec.gov/complaint/selectconduct.shtml

Hypthetically, if I were filing an SEC complaint, I'd strongly consider:

--False or misleading statements about a company (including false or misleading SEC reports or financial statements)

-- Stock price manipulation to enrich executive with stock options? Note that ebay has had several cosnecutuve quarterly losses yet their stock has more than doubled and they've been buying up their own stock.

5. Rep. Henry Waxman (D-CA)
Chairman
House Energy and Commerce Committee
2204 Rayburn
House Office Building
Washington, D.C. 20515
Telephone (202) 225-3976
Fax (202) 225-4099

LOS ANGELES OFFICE
8436 West Third Street, Ste 600
Los Angeles, CA 90048
Telephone 1 (310) 652-3095
Telephone 2 (818) 878-7400
Telephone 3 (323) 651-1040
Fax (323) 655-0502

http://waxman.house.gov/

6. Attorney General’s Office
California Department of Justice
Attn: Consumer Protection Division
P.O. Box 944255
Sacramento, CA 94244-2550
(916) 322-3360

http://ag.ca.gov/contact/complaint_form.php?cmplt=CLR>
7. Attorney General's Office
2115 State Capitol
Lincoln, NE 68509
Consumer Protection Division: 800) 727-6432

Online complaint form: http://www.ago.ne.gov/consumer/emailforms/consumer_complaint.htm
R>Specific consumer complaints to the Attorney Generals against ebay/PayPal should be directed to the California and Nebraska Attorney general's Office Divison of Consumer complaints. Complaints could include PayPal holds on seller funds, ebay billing issues, PayPal confiscation of seller property, etc. PayPal complaints should be directed to both attorney generals' office, and ebay complaints should be sent to California.

General comments:

-- Emails and phone calls are fine, but SNAIL MAIL has more impact. PLEASE send all complaints with regular USPS mail.

-- When filing and mailing WRITTEN complaints, spring for an extra envelope and stamp and send a copy to the San Jose Better Bureau. Little will come of it, BUT ebay MUST file a written response.

-- Rep. Waxman has the ability to hold public hearings on the conduct of a business or industry. He has the power to subpoena executives past and present, past and present rank and file employees, and records. Consider the possibilities :-)

8. San Jose Better Business Bureau
1112 S. Bascom Ave.
San Jose, CA 95128
Phone: (408) 278-7400

9. Ebay operates in all 50 states. Therefore sending copies of complaints or filing directly with your state's attorney general's office will make a difference if they receive enough complaints. Your can find your attorney general and consumer protection
information by using a search engine using these keywords (Your state) Attorney General Consumer Protection.

Please post this information on every relevant website and blog -- especially TV news, newspaper, financial, and business media blogs and websites. This information should be posted in hundreds of location on a daily basis for maximum and persistent exposure. Remember that certain corporations hire people to disrupt blogs and that includes spamming them to bury unwelcome messages.

10. Michael Moore

http:///www.michaelmoore.com
mike@michaelmoore.com

Michael can do for ebay what he did for GM.

Death to ebay corp. on 2009.

Retailers Banning eBay Sellers - Your Experiences

by: jaystarga@aol.com

Thu Aug 20 14:55:00 2009

Duck ?

Retailers Banning eBay Sellers - Your Experiences

by: Chris

Thu Aug 20 16:42:10 2009

Duck?
Is there a point?
Is pbk releasing a new pattern called Duck?

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