It seems that Ebay doesn't get it. This seller (eks_rated) sells hacked flash drives and allows them to get away with it. When is Ebay going to wake up and realize they are liable by allowing fraud on their service.

One of the things about hacked flash drives, you'll never know it was hacked until you use a file that doesn't work.

Hacked drives basically make specific size memory larger than they actually are. To do this, the software on the drive is rewritten. The hacked drive then does a memory wrap as data is loaded into the drive. This means that when the data fills it's actual memory, it starts over. I won't go into more specifics, but the catch is that standard programs that check for bad memory locations won't detect a problem. It takes special software to actually read each location, bit for bit.

I have two links for programs you can use to download a couple programs to check your flash drive. In XP, when you run these programs, a pop-up from XP will say that these programs are not registered. Don't worry, just hit the RUN button on the pop up. So here is the two programs you can use:

H2TESTW
http://www.heise.de/ct/Redaktion/bo/downloads/h2testw_1.4.zip

Check Flash:
http://www.technibble.com/downloads/windows-tools/ChkFlsh.zip

H2TESTW is a german program, but it has an English translation button on top. This program is easy to use. Just hit the SELECT TARGET button, tell it where your drive is, then hit the WRITE + VERIFY button. When its done, it'll give you a report. Here is what you should see in the window (This is a 64MB drive report):

Test finished without errors.
You can now delete the test files *.h2w or verify them again.
Writing speed: 585 KByte/s
Reading speed: 1.52 MByte/s
H2testw v1.4

This what you should see if you have a good drive with H2TESTW. Anything else and you have a hacked or damaged drive.

Check Flash is also easy to use. Start the program, make sure it has the right drive and hit the START! button. You'll get a pop-up button that says "DRIVE IS NOT EMPTY, COMPLETE SPACE TEST WILL IMPASSIBLE". Don't worry and just hit the OK button. You'll see blocks on the program start turning blue, then turn green. It will do this a couple times, then change to the log tab and give you a report. A good drive report will look like this:

Pass #1 completed, 0 errors found.

Test completed, total 0 errors found.

So I hope these tips work for you to ID a hacked drive.

One thing that burns my bottom is the way the current system on Ebay and Paypal protects sellers. I sell things on Ebay once and awhile, and I can tell you that I have the advantage. But I'm not going to commit fraud to my buyers. The problem the buyer will face is this protectionism from Ebay/Paypal when you have been taken by a seller who is a fraudster.

Now understand that not all sellers that sell fake or hacked goods may be aware that their product was in this condition. So the first thing is to contact the seller and inform them that they sold you a fake or hacked item. This is where communication is important and their communication will usually indicate what kind of seller they are.

The other thing that is important is back up your claim when you communicate! Recently I bought a few flash drives from different sellers and used a program called Flash Check and H2TESTW. The program's results showed that one of the 8GB drives was really a 2GB drive, another was 1GB and the other 512MB. When I communicated that their drive was hacked and sent the data from the programs in the message, one refunded all the money and paid for the return shipping, one asked for copies of these programs (we're still communicating) and the other, well, knew he was selling hacked drives. As long as lines of communication are open, your chances are good to recover your loses. Usually the good sellers will offer you a replacement or a refund. With some negotiations, you can get your shipping refunded for shipping it back as well. Realize that Paypal doesn't require the seller to refund return shipping, but negotiate it.

Now what to do with those sellers that know what they are doing or dispute your claim? Simple, if you paid with Paypal, file a dispute. When you do, make your terms clear to how you want to resolve this. Let the seller respond with his/her answer (if they do) and provide a rebuttal if they don't meet your demand. If you get a response that is favorable, print out the page and continue with the settlement. If you don't get a response or the same response escalate it. Remember that Paypal won't force the seller to reimburse you for shipping it back, but that doesn't mean they won't. What you do is call Paypal 800-854-1366 and ask for CLAIMS and AGENT.

When talking to the agent, realize they are just following policy. Don't yell at them when they don't agree with you. Instead, use evidence to support your claim of being reimbursed for shipping the item back. I bet you're wondering what evidence, why consumer protection laws and the emails/messages/dispute.

First, if the item is shipped via US Postal Service, it can be classified as mail fraud and is punishable by imprisonment (up to 5 years) and/or fines. Ebay and Paypal become accessories to the crime of the seller. Inform the Paypal operator that they will be named in a complaint (along with the seller) to the USPS Inspectors because the seller has committed mail fraud.

Second, the Federal Trade Commission has laws sellers need to follow when selling items over the internet. Sellers committing fraud can be charged with a crime. Third parties are liable only if they are aware that the seller is committing fraud, so reporting a seller the first time makes them liable. All others that report the same seller puts the third party at risk of being placed under injuction to stop. Ebay and Paypal would sure lose money if that happened.

Use these 2 things to give you leverage. I have yet used the second one, but it's nice to be prepared. But when you use these, carry out your threat if Paypal/Ebay doesn't comply. File complaints on the seller and name Ebay and Paypal as co-conspirators to the crime.

When Paypal makes a commitment, make sure you get an email or letter stating the fact before sending the item back. Without it, you'll get "we never said that" line.

This is just a start... More info will be coming.

UPDATE: The seller I was communicating with, I had to file a claim with paypal. Paypal escalated it on their own so the seller must have several complaints.

The sellers selling fake memory are eks_rated and vmls2004. I recommend avoiding them.