I bought some items from a seller on Craigslist and they turned out to be counterfeit. What are my rights?
- The items were two Shure SM58 microphones. I own four authentic SM58s prior to this purchase.
- I posted a "WTB" (want to buy) ad in the "musical instruments" forum on Portland's Craigslist.
- The seller responded by e-mail (which I still have, branded with the traditional "Craigslist advisory" header). He wrote, "I have 2 NIB (unopened) Shure SM58 Microphones. Call me if you're still interested."
- The microphones were purchased in person at the seller's home for $55 each, $110 total.
- Got them home, opened the box and noticed something was wrong. These were not identical to the other SM58s I own. They were lighter, cheaper plastic and the logo printing was an off-color.
- Did some internet research and turned up these URLs:
- Realizing they were fake, and thus worthless to me, I called the seller to let him know. I figured I'd give him the benefit of the doubt, that he didn't know. There was a language barrier involved, but essentially he gave me the run around and refused to refund my money, or to adequately compensate me for the difference in value.
So that's the long story. It seems to me that he was aware of what he was selling, or at the very least is unmoved by having it brought to his attention.
I am ignorant of the laws that apply to individuals selling counterfeit items in the US. Do I have a basis to take him to small claims court?