As a long time ebay buyer and seller I just can't keep from chiming in.
There are thousands of ebay auctions with disclaimers on ebay every day. I am a vintage bicycle enthusiast. When I have something of genuine collectibility I say so and provide detailed discriptions and BEG the propective bidders, PLEAD with them, to email any and all questions and concerns BEFORE they bid. Sometimes they do and many times they don't. Conversely, if I have a bike or part that I don't know anything about (and I'm not an expert, by any stretch of the imagination), I also extensively explain this to prospective bidders that this item is outside my baliwick, and I don't know much about it, so please ask questions so that you know what you're bidding on because I *DON'T* know and the item is sold "AS IS".
Many times this has resulted in me making money, on an item I know nothing about, the buyer writing me later and telling me how happy they are that I put the item up for auction because it is a perfect example of a rare and exotic, 1898 GerbilWidgit bicycle spoke bender that they've been searching for, for 10 years. If it turns out not to be *rare* someone ends up with something that they knew they were taking a chance on, but it's usually a nice usable item anyway and all the buyer wanted it for was to use it on his bike.
Ebay knows that if they canceled all the auctions that have these kinds of disclaimers, they wouldn't have a business. If every ebay seller took the kinds of diligent steps that ebay *requires* to "authenticate" every single item in every single auction, there would be no ebay. Ebay knows this.
Ebay has all kinds of ridiculous, superfluous rules and regulations. Most of them are specifically designed to cover ebay's ass and/or increase their bottom line. They want all of the benefits and none of the responsibilities. These are ebay rules not the law. There may be some ebay rules that, coincidentally, coincide with actual laws, but breaking ebay rules, per se, is not illegal.
This guy has a brilliant marketing mind. He bent over backwards to let prospective bidders know that the items may or may not be authentic. He made up a cute little marketing story that was quite funny and ended up with his auction getting thousands of hits, and a great number of bids. Do you really think that Madge and Shirley, standing in the grocery store talking about the latest feminine deoderant are real people??? Are the manufactures of this deoderant breaking the law with these fraudulent stories called commercials??
And, BTW, in all honesty the guy probably *didn't* know whether they were authentic or not. Could any of you on the forum tell a counterfeit beany baby from a real one?? I sure as hell couldn't. If I had some beany babies I would probably put them on ebay, saying essentially what he said, but with not nearly as much humor, style and aplomb.
And his little ploy made him famous enough that, apparently, hundreds of people are willing to pay a buck and a half for one of his stupid beer certificates. Brilliant! The seller did nothing that thousands of other ebayers don't do every day. Or TV commercials for that matter (especially so-called infommercials).
There's only one fly in the ointment here. This stupid, greedy woman who, even tho' the guy tells her, in no uncertain terms, that he doesn't know whether the things are authentic or not, could not bear the thought of missing out on these five *rare* items, so she bid anyway. She took a chance and she lost and now she has gone running to the authorities, like the freaking, dumbass crybaby that she is, expecting them to make the bad man give her the money back.
And our laws and society are such, that busy federal agencies have to respond to every dimbulb complaint instead of going out and catching some real criminals.
I hope this woman spends 10 grand on dimbulb lawyers and gets nothing. I hope he sues her for defamation of character and she has to pay him another 10 grand.
Just my 2 cents. Your mileage may vary (that's a disclaimer,everybody does it)