Ignorance is not and should not be a defense. Citing the fact that this is a "competitive market" is even worse. Taking it a step further would be to justify selling retail jerseys that were worn in a pickup game by the seller as game used. I think we would all be in agreement that that would be fraudulent, but if the "competitive market" arguement validates the misuse of the term "game issued," why not take that next step??

The bottom line is that people that sell their items have an obligation to be truthful in disclosing the history behind them. If they really are unaware of the history of their item, they should state that up front. At least the seller that Eric questioned responded to his inquiries. While the responses were lame, many sellers simply ignore such requests for information in the hope that some unsuspecting buyer will take the bait. It sucks, there's no excuse for that and hopefully, by discussing these items and those that sell them, slowly these incidents will occur less frequently.