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Thinking outside the XBox: $800 for empty container

sonicfan

Venerable Member
http://www.avpress.com/n/23/1223_s1.hts

By CHRISTOPHER AMICO
Valley Press Staff Writer

Karen Frank planned on getting her son an XBox 360 for Christmas.

So did thousands of other shoppers. Stores have been selling out of the new Microsoft game console since it launched in November. Some retailers exhausted their supplies months before that, with waiting lists exceeding several shipments.

So Frank did what other desperate parents do when the holidays approach and shelves are empty. She turned to online auctioneer eBay and paid $810 for the game system - double the retail price. Frank won the auction, beating 30 other bids. The package also included the racing game "Need for Speed: Most Wanted."

"As soon as the auction was over, I got e-mailed from somebody who said I'd been had," Frank said.

"Did you realize that you were bidding on an empty box?" the informant asked. When her order arrived, she indeed found only an empty box. It was, as the Wisconsin-based seller later told her, exactly what the description said: a "new XBox 360 Premium box."

Frank, who works at Artistic Carpet One in Lancaster, contacted the seller, Joe Lumley, to cancel her order. He refused.

He wrote: "Mrs. it is clearly stated in the auction that u where bidding on a premium box with an unopened copy of Need for Speed: Most Wanted. Had you been the only bidder, I would refund you.

"I in no way scammed you," he continued. "Please read closely next time before you bid. Thank you and have a wonderful Holiday season."

Frank complained to eBay and PayPal, the online cash register owned by eBay she utilized to pay. PayPal investigated and eventually stopped payment. Frank received most of her money back and the seller can't use eBay anymore.

The incident shocked Frank, who is a frequent eBay buyer and seller. "I'm sure it's quite rampant," she said. But Hanni Durzy, an eBay spokesman, said more than 50,000 XBoxes have sold since November and the vast majority are legitimate.

"A tiny handful of listings, out of all those, have been pulled because of misleading titles," he said. Durzy added, eBay isn't the ideal setting for a con scheme.

"If you list things on eBay, you're out in the open," he said. The Web site maintains detailed profiles of everyone who has an account, including mailing and e-mail addresses, phone numbers, credit card numbers and other identifiers.

"We're willing to turn all that info over to the police," Durzy said. "Most people, even dumb criminals, are not going to risk getting caught for a few hundred dollars."

He added that eBay's security team constantly combs the site for fraudulent sales.

"We try to identify and take down any listing deemed purposely misleading, and there aren't that many to begin with," he said. "Occasionally, some slip through, which is why it's crucial that people pay safely." He said eBay will facilitate $40 billion in trade this year. Of that, confirmed fraud occurs in 0.01% of cases.

EBay gives three recommendations for online shoppers: Know what you're buying. Know who you're buying from. Pay safely.

Frank doesn't blame eBay, but she's fuming at Lumley, who told her to return his box and game and has threatened legal action.

"I have over 622 transactions on eBay, and I've never had a problem," she said. "I don't think it's an eBay thing. I think it has to do with Xbox.

"People are in kind of a frenzy to get these things."


:lol :lol :lol :lol :lol :lol This gag never gets old.
 

Matlock

Banned
It's not really fraud--if you clearly state the terms of the auction and the buyer does not understand it, it is clear that they should not be entering into contract with you.
 

Chi-Town

Member
"I in no way scammed you," he continued. "Please read closely next time before you bid. Thank you and have a wonderful Holiday season."

Frank complained to eBay and PayPal, the online cash register owned by eBay she utilized to pay. PayPal investigated and eventually stopped payment. Frank received most of her money back and the seller can't use eBay anymore.

Bye-bye jerkweed!
 

urk

butthole fishhooking yes
It's very telling that the idiot seller can't even type proper English. "Dumb criminal" is right.

Sory Mam, u shuld haf red the discription and klniown that i was fooking u ova. Happy Holidays.

What a douchebag.
 

Tsubaki

Member
Matlock said:
It's not really fraud--if you clearly state the terms of the auction and the buyer does not understand it, it is clear that they should not be entering into contract with you.

I agree.

If you cannot be bothered to READ THE DESCRIPTION of what you're paying a thousand bucks for, then you deserve whatever fate you get.
 

PhatSaqs

Banned
Matlock said:
It's not really fraud--if you clearly state the terms of the auction and the buyer does not understand it, it is clear that they should not be entering into contract with you.
Uhh...no.

And knowing that no one in their right mind would willingly fork over $800 for a cardboard box is 99.9% of it. It's deception AKA fraud. No matter how you word it up.
 

VALIS

Member
That's why I don't use eBay. Well, not really because of scams like this, these are obvious to anyone with a bit of internet savvy and eBay experience, it's just the whole place is like a fucking third world flea market these days. You've got sellers who think they're the King of England and have two pages worth of detailed rules you must follow to pay for a fucking DVD, it seems like 1/4th of the buyers never pay, so many auctions are misleading, it just seems like everyone is looking to get something over on you. Then behind it all you have the notoriously fucked up PayPal as the official bank! Fuck eBay. (Amazon Marketplace for the win, IMO.)
 

Ponn

Banned
Matlock said:
It's not really fraud--if you clearly state the terms of the auction and the buyer does not understand it, it is clear that they should not be entering into contract with you.

If you throw up a misleading headline, you throw up a page full of Xbox 360 specs and pictures of the 360 and only have two sentences saying oh by the way you are only getting the box then you are trying to maliciously defraud people.
 

Particle Physicist

between a quark and a baryon
Tsubaki said:
I agree.

If you cannot be bothered to READ THE DESCRIPTION of what you're paying a thousand bucks for, then you deserve whatever fate you get.


nope. it is illegal. its called deceptive advertising. several cell phone companies are going to court in new york for doing something similar. they would advertise something and in the fine print you would see the real deal.. they purposefully tried to deceive people .. and that is illegal.
 

kevm3

Member
It's a deceptive practice. The purpose is to mislead by being vague. I highly doubt the ad said,"Selling only the X-box 360 box. System not included." And why would anyone sell an x-box 360 BOX WITH a game? Including the game only increases the evidence of the original party being dishonest and intending to give an impression of the system being included. Also, pricing the damned thing near what an xbox 360 would go for on ebay is another piece of evidence. Although the title said, "Selling the Xbox 360 box," all other actions engaged in by the seller basically gave the impression of including the system. People who engage in such antics disgust me.
 

Matlock

Banned
PhatSaqs said:
Uhh...no.

And knowing that no one in their right mind would willingly fork over $800 for a cardboard box is 99.9% of it. It's deception AKA fraud. No matter how you word it up.

Don't kid yourself.

I could start an auction right now with the title of:

"Xbox 360 Premium Box."

And a subject of this line only:

"You are biddong on the box only, there is no Xbox 360 inside,"

Yet the illiterati will still bid that shit up into the sky.

I know it, because it's happened.


"cheers to the mod who gave me this nonsensical tag"
 

Tarazet

Member
As much as I enjoy stories of people not reading listings and getting scammed, they're still scams and I'm glad that Ebay isn't standing for it.
 
Tsubaki said:
If you cannot be bothered to READ THE DESCRIPTION of what you're paying a thousand bucks for, then you deserve whatever fate you get.

What about the probably thousands of people who did read the description and realized not to bid, but still had their time wasted by that greedy idiot?
 
kevm3 said:
It's a deceptive practice. The purpose is to mislead by being vague. I highly doubt the ad said,"Selling only the X-box 360 box. System not included." And why would anyone sell an x-box 360 BOX WITH a game? Including the game only increases the evidence of the original party being dishonest and intending to give an impression of the system being included. Also, pricing the damned thing near what an xbox 360 would go for on ebay is another piece of evidence. Although the title said, "Selling the Xbox 360 box," all other actions engaged in by the seller basically gave the impression of including the system. People who engage in such antics disgust me.
360s have been sold that way too. One had a huge paragraph that said over and over "There is no system. There is only an empty box. If you think you are getting the actual system, you are stupid and cannot read..."

Somebody bought it for alot of money and complained. People are just stupid.
 

DarienA

The black man everyone at Activision can agree on
sonarrat said:
As much as I enjoy stories of people not reading listings and getting scammed, they're still scams and I'm glad that Ebay isn't standing for it.

<applause>
 

Ponn

Banned
sp0rsk said:
I dont see how its fraud if its stated explicitly.

Because it's not explicit. Have all of you seen what these auctions look like?

Here's one from kotaku

ebay scam

When you intentionally try to mislead people from what they are actually getting that's fraud. It's called bait and switch.

And yes you can call the people that do bid stupid for not reading through the deception but as the article pointed out this was a desperate parent who probably doesn't know jack shit about video games but just wanted to get their kid a present. Mr. scamming jackass though ruined that and stole 800 bucks from them though and they didn't deserve it. Next time you see someone in public counting money in the open punch them in the face and take their money and say they deserved it for not being more perceptive.
 

xsarien

daedsiluap
There's a fine line between "Read the product description before bidding" and "Intentionally vague wording intended to fool people."

The listing is down, obviously. Given the seller's reponse to the refund request, it's clear that his use of "premium box" was likely used in such a way that no reasonable person would think of taking it literally, especially since it came with a game. After all, boxes that aren't empty are still called boxes, right? Why include a game with a "premium box" if there weren't something inside?

These kinds of auctions, while funny to the casual observer, are designed to defraud people. There's no other motivation for 1) putting an empty XBox carton on eBay, and 2) Letting the bidding for it get that high.

Don't defend this, you only add to the problem.
 

sprsk

force push the doodoo rock
Ponn01 said:
Because it's not explicit. Have all of you seen what these auctions look like?

Here's one from kotaku

ebay scam

When you intentionally try to mislead people from what they are actually getting that's fraud. It's called bait and switch.

And yes you can call the people that do bid stupid for not reading through the deception but as the article pointed out this was a desperate parent who probably doesn't know jack shit about video games but just wanted to get their kid a present. Mr. scamming jackass though ruined that and stole 800 bucks from them though and they didn't deserve it. Next time you see someone in public counting money in the open punch them in the face and take their money and say they deserved it for not being more perceptive.


Well this is definitely a scam, but ive seen alot of ebay auctions that explicitly say THIS IS JUST A BOX NO SYSTEM HARHARIMSOFUNNY!!!

its lame sure, and if i were the person selling the box i wouldnt take the money but i wouldn't say its "fraud" if its explicitly written.
 

Matlock

Banned
xsarien said:
Don't defend this, you only add to the problem.

Honestly, I'm not defending it, but there's a bit of responsibility on the buyer as well. :p

In summary: fuck both the sellers and the buyers that perpetuate it--but mostly those who DON'T READ.
 

urk

butthole fishhooking yes
sp0rsk said:
I dont see how its fraud if its stated explicitly.

Because it is designed to be fraud. Do you think the box is worth anything? $800.00? The seller knows this and intentionally sets out to fool someone into buying what they think is an Xbox 360.

Does he take shots of the inside of the box, empty and brown? Nope. You get a nice, promotional shot, straight from Microsoft. Not to mention, the fucker is called the xbox. Somebody's fifty year old mother or seventy-five year old grandmother is not going to be savvy enough to know that some dickhead is selling a damn empty box worth a few cents (if anything) to unsuspecting people.

Now, if the warning is something like:

XBOX 360 BOX: SYSTEM NOT INCLUDED

You are bidding for an empty retail box. No system included.

Then, hey, I guess it's okay. But the one's that I have seen post the system specs, include the retail promo shots, and make little mention that the system isn't packed inside.
 

xsarien

daedsiluap
Matlock said:
Honestly, I'm not defending it, but there's a bit of responsibility on the buyer as well. :p

In summary: fuck both the sellers and the buyers that perpetuate it--but mostly those who DON'T READ.

She likely did read, and I highly doubt the box was described as "empty."
 

Drozmight

Member
"You bid to a link to buy the microsoft xbox 360 . It not a xbox 360 is a link to buy this , be caution . But it good link to buy them , its very rare to have it ."

Lol.
 

Ponn

Banned
Matlock said:
Honestly, I'm not defending it, but there's a bit of responsibility on the buyer as well. :p

In summary: fuck both the sellers and the buyers that perpetuate it--but mostly those who DON'T READ.

Look, I walk into a retail store and I buy a Xbox 360 is it my responsibility to make sure the damn thing is in there? Hell no. If it's not do I take it back and get a refund or get a new one or is the EB guy gonna laugh at me and say

"HAHA we fooled you!" and points to a small print sign on the counter that says all Xbox 360's are boxes only "No refund for you!"

This isn't childish games people are playing, they are intentionally doing this and knowing parents in a rush are going to bid and they are going to scam them out of money.
 

Suikoguy

I whinny my fervor lowly, for his length is not as great as those of the Hylian war stallions
wow, that 50k number is quite astounding, thats a REALLY high percentage of systems being resold.
 

GashPrex

NeoGaf-Gold™ Member
sp0rsk said:
I dont see how its fraud if its stated explicitly.

lots of legal stuff i don't remember exactly but it's along the lines of, i believe it all falls under contract law

actual value(can't sell a .2 box for 800)
no meeting of the minds(he was selling box, she was buying xbox360)
description not clear
 

Tsubaki

Member
Call me a douchebag. I care not. I've never bought a single item in my life for the purpose of reselling. I am merely defending capitalism.

urk said:
Because it is designed to be fraud. Do you think the box is worth anything? $800.00? The seller knows this and intentionally sets out to fool someone into buying what they think is an Xbox 360.

Wait, what? So the seller knows that his auction will net $800? Last time I checked, it was a free market. If someone wants to bid $800 for an empty box, that is their perogative. Goods are only worth how much one is willing to spend on it. If no one was willing to spend on the auction, it would have only been worth the $1 starting bid. It's the BUYER who created that $800 value.

There is a legitimate market for empty boxes/cases if you ask me. Sometimes people lack packaging due to misplacing, breaking or buying 2nd hand items that don't come with it. And collectors want the packaging only. For instance, I personally would purchase a mint Mischief Makers box for the N64, since mine is all smashed up. If someone were offering that, is that fraud?
 
GashPrex said:
lots of legal stuff i don't remember exactly but it's along the lines of, i believe it all falls under contract law

actual value(can't sell a .2 box for 800)
no meeting of the minds(he was selling box, she was buying xbox360)
description not clear
Also the description says "new" which if the box was opened it is not new. Sop no it was not stated explicitly.
 

sprsk

force push the doodoo rock
GashPrex said:
lots of legal stuff i don't remember exactly but it's along the lines of, i believe it all falls under contract law

actual value(can't sell a .2 box for 800)
no meeting of the minds(he was selling box, she was buying xbox360)
description not clear


yeah i guess if the guy takes 800 dollars and wont give it back there would be a problem.
 

Particle Physicist

between a quark and a baryon
Tsubaki said:
Call me a douchebag. I care not. I've never bought a single item in my life for the purpose of reselling. I am merely defending capitalism.



Wait, what? So the seller knows that his auction will net $800? Last time I checked, it was a free market. If someone wants to bid $800 for an empty box, that is their perogative. Goods are only worth how much one is willing to spend on it. If no one was willing to spend on the auction, it would have only been worth the $1 starting bid. It's the BUYER who created that $800 value.

There is a legitimate market for empty boxes/cases if you ask me. Sometimes people lack packaging due to misplacing, breaking or buying 2nd hand items that don't come with it. And collectors want the packaging only. For instance, I personally would purchase a mint Mischief Makers box for the N64, since mine is all smashed up. If someone were offering that, is that fraud?


only you arent defending legal capitalism.

quadriplegicjon said:
nope. it is illegal. its called deceptive advertising. several cell phone companies are going to court in new york for doing something similar. they would advertise something and in the fine print you would see the real deal.. they purposefully tried to deceive people .. and that is illegal.


furthermore this also holds true::

GashPrex said:
lots of legal stuff i don't remember exactly but it's along the lines of, i believe it all falls under contract law

actual value(can't sell a .2 box for 800)
no meeting of the minds(he was selling box, she was buying xbox360)
description not clear
 

xsarien

daedsiluap
Tsubaki said:
Call me a douchebag. I care not. I've never bought a single item in my life for the purpose of reselling. I am merely defending capitalism.



Wait, what? So the seller knows that his auction will net $800? Last time I checked, it was a free market. If someone wants to bid $800 for an empty box, that is their perogative. Goods are only worth how much one is willing to spend on it. If no one was willing to spend on the auction, it would have only been worth the $1 starting bid. It's the BUYER who created that $800 value.

There is a legitimate market for empty boxes/cases if you ask me. Sometimes people lack packaging due to misplacing, breaking or buying 2nd hand items that don't come with it. And collectors want the packaging only. For instance, I personally would purchase a mint Mischief Makers box for the N64, since mine is all smashed up. If someone were offering that, is that fraud?

I was waiting for someone to trot out the ol' "I'm defending capitalism!" chestnut. Way to ignore the details of the situation; way to try to have us believe you think anyone would spend $800 on an XBox box knowing full well that it was empty.

That must be some special box! Like, enchanted or some shit.
 
Tsubaki said:
Last time I checked, it was a free market.

eBay is NOT a free market. It is not a capitalist society of its own. It is a private business, with the right to allow or deny transactions made through it as it sees fit. Allowing this particular auction and ones like it would make eBay less attractive to the vast majority of its customers and potential customers, and therefore it declares the auction invalid.

That's capitalism at work.
 

Timedog

good credit (by proxy)
GashPrex said:
lots of legal stuff i don't remember exactly but it's along the lines of, i believe it all falls under contract law

actual value(can't sell a .2 box for 800)
no meeting of the minds(he was selling box, she was buying xbox360)
description not clear

I don't see how this works when the buyer set the price they wanted to pay. What if the auction started at $1, like many do?

There was no meeting of the minds because the seller didn't read the description of what she was buying. That's the only meeting of the mind on ebay, unless she sent him an email prior to bidding(unlikely).

I didn't see the description so I don't know if it was or was not clear. I didn't see the auction at all, so i'm making some assumptions, but I don't see how this would be illegal IF DONE A CERTAIN WAY. Some of the examples provided in this thread or obviously illegal.
 
I'd find a way to track him down and kick the **** out of him. It may not be illegal, but that doesn't make it right. This is precisely why this society is as paranoid as it is. Don't defend crap like this.
 

Timedog

good credit (by proxy)
AltogetherAndrews said:
I'd find a way to track him down and kick the **** out of him. It may not be illegal, but that doesn't make it right. This is precisely why this society is as paranoid as it is. Don't defend crap like this.

I'm not defending it personally. It's good that ebay is kicking these people off. I'm definitely not going to defend ebay kicking him off for being an ass. I just think it might not actually be illegal. I also think that Americans are lazy.
 

Raven.

Banned
sp0rsk said:
I dont see how its fraud if its stated explicitly.

Indeed, there may be deceptive ones with stats and vague wording but there are also those that are not deceptive. Say a paragraph describing it's an empty box with pictures of the empty box's inside saying "you're only getting this empty cardboard box" in big bold letters repeated over and over again, "no system", "it's worth pennies". I expect to get a few bucks at best, whoopsie daisy a bunch of monetary hassles to return the cash(wish honestly I shouldn't. I should draw a wiggle on it and sell it as art too, let's see them value my art! selling divus' art on an empty box no system inside.) due to some retard bringing it sky high.


Or suppose I go and place a "My precious golden box" and underneath "This is a cardboard box, with no gold in it, it's just cheap gold foil", and I'm sure some may raise that up to the thousands. Is it my fault? Nope.

There are countless retards in this world, and while there are deceptive auctions that may dupe one if one's a bit careless, there are some that explicitly state what they're selling, if someone's retarded enough to confuse paragraphs of plain english in bold letters with clear explicit pictures and all, it's their fault and their fault alone. For example you could probably sell an old xbox right now for an outrageous price, even if you included clear pics and warnings in bold red letters that it's the old not the new xbox, YOUR FAIR AND SQUARE AUCTION which may've been getting a decent reasonable bid MIGHT SUDDENLY BE INFESTED BY A GROUP OF RETARDS, that take your auction sky-high and then claim they didn't know better and probably get you banned as a seller. Let's see them do that when they ignore the "STOP! NO BRIDGE AHEAD!" warning...

PS
I can tell you if I explicitly state what I'm selling with clear pictures, bold red letter warnings and what not, and I'm getting a decent reasonable bid on a fair and square auction, and some low-iq idiot comes in and screws it up, and ebay decides to side with them and ban me.... say hello to DOS attck and good bye 100s of millions :lol
 

kaching

"GAF's biggest wanker"
Matlock said:
Honestly, I'm not defending it, but there's a bit of responsibility on the buyer as well. :p

In summary: fuck both the sellers and the buyers that perpetuate it--but mostly those who DON'T READ.
Glad you clarified your position. I wouldn't put the responsibility on the buyer to be able to read through the seller's deception though. The buyer's responsibility should really be in not perpetuating the inflated demand for these products that fuels the insane markups.
 

h1nch

Member
Am I a bad person for hoping these things continue to happen because its funny? Seriously I always get a kick out of the BS auctions that people link to. Honestly, I feel bad for the mom for getting cheated while trying to buy her kid a christmas gift, but come on. I thought half the time the winning bid is just someone who has no intention of paying it but wants to increase the comedy value of the auction itself.
 

Lindsay

Dot Hacked
Holy crap! I wish my mom could afford to spend $800 on me for Christmas o.o!

Ya can look at a situation like this either way so hmm I'll go with the sellers side. Who says ya aren't allowed to sell a box? Who would want one? Collectors. Who jacked up the price? Bidders not the seller. So nyah. Its hard ta feel sorry for pigeons~
 

Nameless

Member
All ethics aside this is not illegal. If he was taken to court, even a fairly compitent attorney could get him off quite easily. You could argue that "know one in their right mind would pay such for an empty box knowling". But then you get into the realm of pure subjectivness. I've personally seeen people blow more money on less.

Anyway, this isn't much UNLIKE various Title Loan, Car, Cell Phone commercials etc...Where they advertise a deal that is too good to be true, and in uber small print at the bottom of the screen or ad reveal the "catch" that makes the entire thing BS or only feesible to a very small group of people.

Anyway, people like this get what they deserve IMO. I don't care if i'm buying a $5 DVD off ebay, I'll read EVERYTHING backwords and forwards, to make sure i'm going to get what I desire. I make sure its domestically coded, it has the box, its domestically coded, if its the actual DVD or a burn etc...Thats on a $5 purchase. So if are willing to shell out almost a grand, and don't read every friggin sentence and or get someone to clarifiy what you don't understand...You fuckin deseve it.
 

Drensch

Member
It's not really fraud--if you clearly state the terms of the auction and the buyer does not understand it, it is clear that they should not be entering into contract with you.
QFT. However, people who do this are clearly fuckers.
 

Danj

Member
I don't care how legitimate these types of auctions are, I regard the people who create them as the lowest kind of scum. Not only does it mean that you now have to go through every auction you're interested in with a fine toothed legalese comb, but it increases the "noise" ratio in searches and listings for people who are looking for real items. The same is true of those scumbags who sell "information on how to get an (insert item here)" or "an ebook that tells you how to get an (insert item here) for free" or whatever.
 
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