Complaints Against Elaina Smith Schlesinger

Queens Village, New York 11429

ldyblkbird@yahoo.com  
ebay id ldyblkbird

If you have questions about the complaint,
please contact the person who it was filed by.

July 9, 2003
Complaint filed by: RONMS@pacbell.net

My name is Ronald M. Schulkin. I got your email address from Phyllis Miceli. I want to add a name to the "Bad Trader List" and don't really know how to proceed or what data you may need. Guess the best thing to do is to give you a brief history of the situation.

On November 2, 2002, I was the winning bidder of an EBAY auction for an Old Face Cranberry Beanie Baby (auction #1781863807). My winning bid was for $330.00 plus $ 9.05 for shipping and insurance. This being was sent to Peggy Gallagher, for authentication, at my insistence by the seller. Naturally, it was adjudged to be counterfeit. Requests for a refund of the purchase price have been ignored. I brought in Square Deal into this situation, but the seller refused to talk to them. I contacted the District Attorney's office at the seller's locale, to see about possible internet fraud, but was informed that this would be a civil matter. Being in California and the seller being in New York, a judgment here would be useless and to go to New York would be cost prohibitive. The seller's EBAY user name is ldyblkbird and her email address is ldyblkbird@yahoo.com. Her real name is
Elaina Smith Schlesinger
104-44 210th Street
Queens Village, New York 11429.

If there is anything else needed, please do not hesitate in contacting me. Thanks.
  Sincerely,
Ronald M. Schulkin (EBAY user name Scorpion211)

August 7, 2003
Response filed by: ldyblkbird@yahoo.com

Ron and I had an agreement prior to the sale of the beanie. The following is a copy of the email that transpired advising him of his options and allowing him to retract his bid, but he insisted on going through with the transaction:

Date: Mon, 04 Nov 2002 16:08:47 -0800
From: "Gondorf" <ronms@pacbell.net>
Subject: Re: Congratulations! You have won "OLD FACE 2 Gen CRANBERRY TEDDY Ty Beanie Baby"
To: "LadyBlackBird" <ldyblkbird@yahoo.com>

Dear Elaina,

The form for Peggy Gallagher Enterprises has been filled out and I am still willing to take the chance of this beanie. Please get it ready to ship to the address I requested. I will go to PAYPAL and complete the transaction.RON

LadyBlackBird wrote:

Hi Ron,

I will send it as per your request. However there is a form that needs to be completed with your shipping address in order for the beanie to forwarded to you. Please send your shipping information and I will use the online form to complete the transaction. I will send the total amount due as soon as this information is received. Also, you are aware as stated in my auction of how I came about obtaining this beanie at a garage sale. Therefore, I cannot warranty or guarantee it's authenticity. Beanie is sold for personal use and item is sold "As Is". If you would like to retract your bid before proceeding with this transaction, you may do so at this time by responding to this email and entering "Retraction Request" in the Subject Line and it will be mutually agreed upon with positive feed-back entered. Should you wish to continue and complete this transaction with knowledge of how this beanie was obtained, you agree that in proceeding with this transaction it shall be held valid and non-refundable. Thank you,   Elaina

August 13, 2003
Cautionlist told Elaina that it was against the law to sell counterfeit merchandise whether you are aware at the time the items are counterfeit or not. ALso it is against the rules of ebay to sell counterfeit items. The fact that she told him that she could not guarantee authenticity does not free her from her obligations legally or as a good trader. She herself sent this item to be authenticated so she is aware there could not have been a switch of the item so she knows that the item she sold was counterfeit.  There is the chance that she was not aware that it was a counterfeit but that is her obligation when she advertises it as ty beanie and in her ad shows pictures of the beanie with the ty tags on it. Legally and ethically she should refund the money to the buyer.