Legal Question in Technology Law in California

Internet fraud

I recently bought a digital camera online thru Yahoo auctions. Technically, I did not win the item because I could not bid on it for some reason. It said I need at least one feedback. So I posted a question to him on the auction website and he told me he would sell it to me for 400 bucks. First, he tried to make me pay by bidpay, but I didn't want to, so we agreed on paying by paypal. He send me a bill, saying that I won the digital camera on yahoo and I payed him with my credit card. After about a couple of days, I recieved a package, but it was only filled with papers. Is this fraud? I emailed to him, but he insisited that he did send the camera to me. What can I do? I aleady talked to paypal and they are in a dispute. I also filled out a internet compliant cemter website and filled out a report there. Paypal said I should file a report with the police as fraudulent. What else I should do? THank you so much for your time.


Asked on 2/02/03, 12:27 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Internet fraud

Sending a box of papers instead of the camera you were promised sounds like fraud to me -- especially since he insists he did send you the camera.

Talking to PayPal is a good start. Since you used a credit card to make the PayPal payment, you should complain to the credit card issuer, too. They might not get involved, claiming that they only handled a transaction between you and PayPal and that the seller wasn't a party to their transaction, but it's worth a shot. Also complain to Yahoo auctions. They also might not want to get involved since you made a direct purchase rather than going through their regular process, but they also likely won't appreciate someone using their site to pull a stunt like this -- especially someone whose bill said you had won his auction.

If you know where to find the seller and he is local, then you might also try small claims court. (Was there a return address on the package or on any of his emails?) It probably won't be cost effective to do this unless you know where he is, given the modest amount at stake here.

Read more
Answered on 2/02/03, 12:36 am


Related Questions & Answers

More Computer & Technology Law questions and answers in California