Bought a fake jersey, should I tell eBay?

I got a fake jersey for about $40, hoping it was real. I've been in contact with the seller who says he got it from a friend who got it from Champs. The thing is he has a bunch for sale, so I'm thinking he gets them from China. He told me I could send it back for a refund if I don't take the tags off and was very apologetic after I said I may open a case with eBay. Should I open a case and possibly prevent others from getting a fake, or should I send it back and be happy to get my money back. Also, the seller has a pretty high rating, but I am 100% that it is fake. THANKS!

Generally, if you're that suspicious about it - it will be fake. You can post the eBay item number, or the seller ID if you want us to confirm though. Opening a case with eBay will get your money back, but they're unlikely to take it seriously to the point where they shut the guy down. Even if they do, he'll just reappear under a new user name anyway.

You have the right attitude with trying to get the fakes off eBay, but it's a losing battle, sadly. It is just flooded with fakes and eBay have no control / interest in shutting them down. Even if eBay do contact the seller, if they protest and claim they're real, I don't think eBay have the knowledge to make a decision one way or the other (even if they're obviously fakes to people in the know.)

I would post the listing, but the photo is just a stock photo. I went on it because of his rating.

Ah, okay. It's a big red flag when they do that - albeit I'm sure you realise that now (hindsight's a great thing!)

If you want to upload photos of the jersey to photobucket or something similar, you can PM me a link to the pictures and I'll check them out, if you wanted to be sure? You won't be able to post any web links, since you're a new member.

If he listed it as an authentic, and it's DEF a fake, he is, in my opinion, guilty of theft by deception.

He listed it as Premier, but Premier jerseys have the logo on the chest screen printed, as well as the pats logo on the sleeve. This bad boy has all stitching. Either way the item was not properly listed. Of course now I have to go through the trouble of sending it back. GRRRR