Gibney Anthony & Flaherty llp law firm sent a threat letter for $350?

Question

Hello, I've received a nasty letter from Gibney Anthony & Flaherty after my listing got removed from eBay. The item is a replica Rolex watch which I got from a yard sale. I wore it for a year but decided to sell it on eBay listed as a REPLICA ROLEX and had the listing price as $50. I initially thought if you list items as replicas then it would be fine since you are not tricking anyone. But with further research after getting this letter, listing reps/fakes for sale is illegal (yes i am dumb). However, I still have the watch and did not receive money for it.

Now Gibney Anthony & Flaherty llp emailed me saying I need to send them $350, the watch itself, where i got the watch, and to send them a letter that I will CEASE and DESIST all sales of replicas. I can do everything except send them the $350. I am a broke college student with loans. They want me to do all of this by the 14th and today is the 8th.

What should I do? Is is a scare tatic? or a scam?
Should I just send them everything else except the $350?or should I email them?

Thanks!

Answer 1

First look up the law firm and see if it exists. It may very well BE a scam, but the person who said legal firms do not bother chasing down $350, is wrong....they will chase down $100 if their client wants them to, and in this case, if their client is big enough and there are enough $350's to make a difference then your letter was just one of hundreds to go out...and they will try to collect. So see if they exist, first. Then contact your state attorney general's office and ask them to intervene on your behalf. worst case scenario...you ignore it...and then 3-5 years later it shows up on your credit report with interest and penalties added and you will have to pay off $1000 to get your good credit back.

Answer 2

First, you need to understand that there is no such thing as legal "replica" of a Rolex. All replicas are counterfeit and that's why your listing was removed by eBay. The item wasn't legal.



Second, how do you think they got your name and address? EBay had to give it to them and probably did so because Rolex sued them to get it. Gibney, etal *is* the legal counsel for the Rolex corporation.



This demand letter is just that a demand. It doesn't have the courts behind it. If you don't send the $350, they can sue you. If you don't have the money now, you may have it in the future. However, your contention is that you never actually sold this or any other fake Rolex watch, so it's doubtful they would win in court.

Answer 3

It sounds like a scam - definitely do not send them any money! You should contact your state or local Bar Association. Your local Legal Aid office might also be able to help you, but sometimes they have limitations on what information they can provide. If you are a broke college student, there might be someone in the law department at your university who could give you some advice.



It's possible that the email is not even from the law firm they claim to be. If you find out that it is a scam, you can forward the email to: [e-mail] as well as filing a report at ftc.gov.



Typically, if you are selling an item on eBay that they have prohibited for some reason, they should notify you if your listing was reported. Also as long as you clearly state that the item is a replica/"look-alike," not actually a Rolex, it should be fine to sell as long as it's not a counterfeit item. It is important to note the difference between a replica item (looks a lot like a designer item but is slightly different and does not have the designer's name) and a counterfeit item (a fake designer item misrepresented as an authentic item). So if you say "I have an XYZ watch that looks just like a ZYX Rolex" it's a lot different than saying "I have a watch that looks like a Rolex and says Rolex on it, but it's not really a Rolex."

Answer 4

that is a good price

Answer 5

Looks like a scam to me. No law firm would bother chasing down $350.00