Counterfeit Call of Duty: Modern Warfare 3 from eBay. UPDATED

On July 1st 2012 I ordered a copy of Kinect Sports: Season 2 from a Seller on eBay.  When I received the package today (July 13th 2012) I was dismayed to find a copy of Call of Duty: Modern Warfare 3 in the package. So I went to eBay.com to see if I could get it sent back and get the game I wanted. I noticed in the “My eBay” a little “I” with “This user is no longer registered on eBay.” Upon clicking the link I saw this: “Feedback can be left only for registered members. A member might not be registered because the member’s account was suspended or because the member decided to close the account. However, the item will stay on My eBay for 60 days. If the member’s account is reinstated or if the member cancels the account closure, you can leave Feedback then.”

I thought to myself “here we go…”

I  used eBay to contact the seller to tell him he sent me the wrong game and to see about returning it for the correct item. Since the seller was “no longer registered” on eBay I decided to make a case in the Resolution Center. I told them “I ordered Kinect Sports: Season 2 and received Call of Duty MW3. I tried to contact the seller but when I go to my eBay and look at the item it says the seller is no longer registered with eBay. The packaging has no packing slip and the return address is in Chinese or something. I have no way to return this item or contact the seller.”

Then I took another a look at the Call of Duty: MW3 disk. In shrink-wrap, I noticed that part of the Activision logo was cut off.  Like it had been cut through with a paper-cutter. I flipped the game case over and noticed the “Mature 17+” ESRB rating looked a little blurred and that it said “For use only with Xbox 360 entertainment systems with “PAL” designation even thought it had NTSC on the front. Not only did I receive the wrong item from this seller, the item I received was COUNTERFEIT! I couldn’t have noticed these things from the seller’s listing because it was a different game and also he used a stock photo.

I added that the game was counterfeit, describing it in detail, to my list of complaints to the seller and the case details in the resolution center. I then decided to call eBay since the seller was probably already suspended or had abandoned his eBay account to see if I could get a faster refund (since I don’t expect this seller to respond to my case). Apparently, it is eBay policy to wait 7 days for the seller to respond. The customer service rep was very polite but there was nothing she could do to speed along my refund. She suggested that I report the item as counterfeit and I did so.

I then decided to call Activision customer service to tell him what happened and to ask what I should do with the counterfeit game I now possess. Apparently he could not help me as Call of Duty has a separate support line, which he then transferred me to. I then got a person from the Call of Duty support who suggested that I contact eBay for a refund. When I asked what I should do with the counterfeit game he first said I should destroy it then changed his mind to hang on to it and contact eBay again and ask eBay to get in touch with their (Activision’s) corporate legal department. The representative did not have a number for Activision’s legal department.

I found the number for Activision’s corporate headquarters on their website so I gave it a call and pressed zero for the operator since nothing on the menu would help me. I explained my situation to the operator and he offered to transfer me to the customer support line (which I had just spoken to) I told him that I already spoke to them and he gave me an email for their legal affairs team.

I have sent an email and am now waiting for a reply.

I fully expect eBay or PayPal to refund my money. I have ordered many games and items from eBay over the years and this was the first time I’ve ever had a problem. I was honestly surprised how nobody at eBay or Activision cared at all that there was a counterfeit game in my hands. I wanted to do the right thing and report it to someone and send it so it can be used as evidence but I really don’t know who or how to go about doing that when all the people I speak to couldn’t seem to care less or have no idea what to do. If I do not get a response I may open the plastic and take more pictures and possibly compare it to a real copy.

UPDATE 7/16/2012: I just received a full refund from eBay. I have not received a reply from Activision on the matter. Even though I have been fully refunded I am still a little upset about the whole ordeal. Had the counterfeit game I received not been the wrong game I may not have looked more closely at it. Had I put a counterfeit game in my console my Xbox Live could have been suspended and my console banned from Xbox Live. This would result in losing access any of my purchased games, DLC add ons, any of my cloud game saves, movies, and whatever time I had left on my subscription. Not to mention I still don’t have the Kinect Sports: Season 2 game that I actually wanted!

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