This has been in the news before. Nothing seems to have ever come of it for private sellers, genuine ones that is. Private sellers with endless supplies of new stuff are another matter I believe and may be picked up on.
Every few years the same article is recycled. I never sold enough to put me over the threshold but have seen many sellers registered on Ebay as Private sellers, no returns accepted with vast amounts of brand new and identical items for sale. They are the ones that make it bad for the rest.