Please help! Legal action against me and I didn't sell item!

[laurahammock]

I listed an item on Ebay manufactured by the Tre Milano company. Ebay removed the listing. Fine. No big deal, I thought. I never relisted the item. In fact, I destroyed it. I never, ever sold it to anyone. Now, yesterday, in my spam folder in my email, I get a letter from Johnson & Pham, LLC saying that I must cease and dessist and pay $797.10. They also want to know where I got it--I don't know, some website-- and how much profit I made, yada, yada, yada....I DIDN'T SELL THE ITEM!! I am too much of a scaredy-cat to try and relist something that Ebay pulled. Does anyone have any advice? I responded to the email telling them that I never relisted the item. Somehow I don't think that will help, considering they stated "please do not reply with excused and justifications, as we've heard them all before and no obligation or inclination to hear them again". Should I contact a lawyer? NO way I can afford $797.10!! PLEASE HELP!!

[paradisedistribution]

If you never sold the item, how did they get your email address to send you the letter?

You'll see other posts that deal with the same Law Firm that has been a pain in the ass to P90X sellers. Ignore them, they'll go away. I now there are a few example cases posted on their website, but they're not going to push you hard if you only sold a couple of these.

People are allowed to sell the Instyler, if it's your only one and you're selling it and done. (Say selling a gift you got and now you have an extra one around the house) I believe the problem lies when you state you have multiple quantities in the auction, or when you have one listed and the Tre Milano people look up your selling history and see multiple sales. I have a friend in a nearby town who sold 100 units in 2 weeks. He got several emails from Tre Milano themselves last week. Final email was basically.... quit selling them and we won't pursue further action.

Long story short, don't lose too much sleep over this. You might get physical docs in the mail, as I did with the P90X product. Ignore them and quit selling the product under whatever account you're using on Ebay. Sell them on another account, SPARINGLY, or use CL to be even more safe.

[laurahammock]

Thanks for the reply. The thing is, I never sold multiple items. I only had one listed and it was removed. I never even reposted it, so I don't know how they got my email address.

[laurahammock]

Would it help me at all if I close my ebay account?

[John14789]

No, it wouldn't help if you closed your ebay account. Just disregard the email and quit selling the product.

[American Psycho]

Does Modee work for that firm? LOL Does anybody know what firm Modee is with?

[John14789]

No, Modee doens't work for that firm. He owns his own law firm.

[gross]

please help, i got a letter from johnson and phram stating i need to pay them 15,000.00 customs seized a package from me and then i got the letter. what do i do?

[John14789]

Again you'll need to contact Modee for tech support as he's experienced in this field.

[countrygirl]

Please help me I'm being sued by Johnson & Pham

Please help. I had ordered some Instylers from China. The site said "As seen on TV. I figured that they were real. So I bought some and I sold them on ebay. Ebay pulled my auction for VeRO. On 8/2/10 I received a letter from Johnson & Pham in my SPAM box stating that I was being sued. They stated that the Instylers that I sold was counterfit. I had no idea that the item was counterfit. The letter stated that I was to report the following information to them (Johnson & Pham).
1. How I got them?
2. How many I sold and to whom?
3. Agree to never sell their product again?
4. Transport any item that I left to them.
5. Pay them $10,000 in a certified check with in 10 days.
I have never been sued before. I had never heard of being sued by email before. Is this a common practice now a days. What ever happened to the signed register letter?
After receiving this letter I email the seller from where I bought them and asked if they were authentic Instylers. He replied "No they are very good copy, How many do I want?" I was shocked.
In the letter it did state not to contact them because they have heard all of the excuses. I emailed them anyway. On 8/6/10 I emailed them telling them that after I had lost my job in Dec '09, I was just selling my thing on ebay to raise some money. I was just trying to keep myself and my son from filing bankrupsy and I had no idea that the product was a ****. I did no that i was doing anything wrong. I did sell 12 of them. I did not provide how much I sold them for. I received an email stating that they had reduced the settlement demand to $1,600. I don't know what to do now. I do not have any money to give them. I am in the middle of filling bankrupsy. I do not know what me and my son are going to do. Please help, any advise will be greatly appreciated. Thanks.

[hookie]

HI I believe Modee is away..try to PM (private message) JOHN , the moderator on here..hopefuly he can help you.Good luck
i wish I could help, but sounds like you need legal advice.

[zeze_74]

same problem ,, lets work together

Please help. I had ordered some Instylers from China. The site said "As seen on TV. I figured that they were real. So I bought some and I sold them on ebay. Ebay pulled my auction for VeRO. On 8/2/10 I received a letter from Johnson & Pham in my SPAM box stating that I was being sued. They stated that the Instylers that I sold was counterfit. I had no idea that the item was counterfit. The letter stated that I was to report the following information to them (Johnson & Pham).
1. How I got them?
2. How many I sold and to whom?
3. Agree to never sell their product again?
4. Transport any item that I left to them.
5. Pay them $10,000 in a certified check with in 10 days.
I have never been sued before. I had never heard of being sued by email before. Is this a common practice now a days. What ever happened to the signed register letter?
After receiving this letter I email the seller from where I bought them and asked if they were authentic Instylers. He replied "No they are very good copy, How many do I want?" I was shocked.
In the letter it did state not to contact them because they have heard all of the excuses. I emailed them anyway. On 8/6/10 I emailed them telling them that after I had lost my job in Dec '09, I was just selling my thing on ebay to raise some money. I was just trying to keep myself and my son from filing bankrupsy and I had no idea that the product was a ****. I did no that i was doing anything wrong. I did sell 12 of them. I did not provide how much I sold them for. I received an email stating that they had reduced the settlement demand to $1,600. I don't know what to do now. I do not have any money to give them. I am in the middle of filling bankrupsy. I do not know what me and my son are going to do. Please help, any advise will be greatly appreciated. Thanks.

hi, same thing happened to me , EXCEPT, i did not sell anything , i just ordered 20 dvds from a chinese website , the dvds were hold by the us customes and then asked for my permition to SEIZE the shipment, the customes sent me a letter to sign allowing them to seize the dvds, after i signed the letter and sent it , a month later i recieved a letter from johnson and pham accusing me of selling these dvds in the state !! they didn't even mention where or when !!!! the only thing they have is that singl shipment that was distroyed by customes !! i ingnored the first letter , and then after 3 weeks , they sent me a certified mail , i was out of town and the mail is now at the usps office , i called and asked who is the sender and it was this johnson and pham again !! don't know what to do now .. should i pick it up or just ignore them totally ? can they sue me for trying to import the dvds ? eventhough they were distroyed !!!! ?
can you keep intouch with me regarding this case ? any knews ?

[zeze_74]

No, it wouldn't help if you closed your ebay account. Just disregard the email and quit selling the product.

hi there, this johnson and pham did sent me the same thing , the only different here is that i got it first time by regular mail, and it was regarding ORDERING 20 p90x that being held and distroyed by us customs !! i didn't even got them at all !! they mentioned that shipment that has been seized and assumeing that i sold a lot of these dvds , also asking me for $15000 as a settlement !! i ignored the first letter after a little research on google .. now after 3 weeks i get a certified mail from that company again ! but i didn't recieve it yet , since i was out of twon, the letter is still at the usps office and i knew it was them when i called the usps office and asked them who is the sender .,. what you think i should do in that case ? could they realy sue me for TRYING to import 20 pcs only !! ?
please advice

[John14789]

Disregard the letter until you get a court ordered subpoena to appear in court regarding this matter.

[pineapplediva]

I have the same situation like zeze 74. They do not have a physical evidence in their hands and how can they file a lawsuit against us? Secondly, the items are already in customs and will be being destroyed; we never seens the items before, we never sold those seized items, so how can they sue us for unfair business competition, copyright, trademark infrignment, and unfair whatever. I think this is just like a threatening letter, extortion, and illegal; this is unethical.

But the point is that, I personally think that they have no physical evidence to file a lawsuit, right?