Legal Question in Criminal Law in California

ebay buyer fraud -- can paypal report to local police on behalf of sellers?

hi everyone,

i have an ebay issue here i would greatly appreciate some help with.

i am an ebay seller and i recently shipped an item to a seller overseas. He repeatedly requested for basic shipping without signature or insurance or even tracking as he gave multiple excuses why he wouldn't be able to receive items that are signed for due to work commitments.

It has been months since i've sent the items and he claims he still hasn't received them. Whilst that may be true, i have since been contacted by about 4 other sellers who have encountered the same problem; namely, this seller has asked for a unsecure shipping method and later claimed to not have received the items and then opened paypal disputes to get their money back, which he did.

paypal has already been alerted and have begun an investigation, but is there anything they or local law enforcement can do?? since there is no way to prove the item was actually delivered??

but the buyer kept insisting on shipping it unsecured so is that already suspicious? furthermore there are numerous sellers who are complaining?

is there any case that paypal or the police could have? deception by the buyer to obtain goods? or mail fraud?

hope to hear some opinions thanks!


Asked on 7/05/09, 4:12 pm

5 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: ebay buyer fraud -- can paypal report to local police on behalf of sellers?

You almost knowingly let yourself get scammed, and you've probably waited too long to invoke eBay or PayPal fraud investigation, but you can try that to get your money refunded. Good luck. Other than that, you have no effective remedy for foreign criminals and fraud artists.

Read more
Answered on 7/06/09, 1:47 pm
Terry A. Nelson Nelson & Lawless

Re: ebay buyer fraud -- can paypal report to local police on behalf of sellers?

You almost knowingly let yourself get scammed, and you've probably waited too long to invoke eBay or PayPal fraud investigation, but you can try that to get your money refunded. Good luck. Other than that, you have no effective remedy for foreign criminals and fraud artists.

Read more
Answered on 7/06/09, 2:19 pm
Scott Linden Scott H. Linden, Esq.

Re: ebay buyer fraud -- can paypal report to local police on behalf of sellers?

ebay can report to local police, but the problem you are going to have is that there was no signature receipt and the buyer is in another country.

I suggest yu talk to paypal and to ebay. I have dealth with them both before and paypal tends to not be so helpful when you do not have signature confirmation. I can only assume they are now demanding a refund because there was no signature delivery, correct?

You can also always report it to the ICC which is the FBI's internet crimes unit, especially if you have other sellers that are in the same situation with the same buyer.

It is a a sticky situation, and, as I said, one I have personally delath with before. International laws make it even more difficult, but it sounds like you are on the right path. Just keep hammering paypal and make sure they also contact the other sellers. There is power in numbers, but, believe me, paypal is an uncaring company that has just monopolized the online sales game.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 7/06/09, 4:17 pm
David M. Wallin Law Offices OF David M. Wallin

Re: ebay buyer fraud -- can paypal report to local police on behalf of sellers?

I do not know the agreement any buyers or sellers have with pay-pal, but It would seem they could report any possible crime to law enforcement. You should never send something without tracking or insurance to assure all is done properly. David Wallin

Read more
Answered on 7/05/09, 4:26 pm
Sarah Grosse Sarah Grosse, Esquire

Re: ebay buyer fraud -- can paypal report to local police on behalf of sellers?

How would you recommend that local law enforcement have jurisdiction over a foreign person who is (maybe) committing fraud from another country? Send them a ticket? Ask that they be extradited to the US for committing mail fraud abroad? Perhaps this is ignorance on my part, but I just don't see how your local law enforcement will be able to touch this person.

You have no proof that the buyer either did or did not receive the item in question. You agreed to send the item through uninsured and untracked mail. That was your mistake, and I'm sure you have now learned your lesson.

Maybe the buyer really did not receive the package. I once sent some legal documents to an African country by regular mail (trying to save a few bucks). They were lost for 6 months before ultimately being returned to me in a mangled, unopened envelope. Lesson learned.

Perhaps there is some action which eBay would be willing to take - such as taking a complaint, watching for additional complaints against that buyer, and perhaps banning the buyer from using eBay if eBay can make a determination that the person is an evil doer.

Good luck with this one!

Read more
Answered on 7/05/09, 4:52 pm


Related Questions & Answers

More Criminal Law questions and answers in California