Legal Question in Consumer Law in New York

Curtis Cross

I have recently purchased a item on ebay from a thesellerguy2, his name under his ebay account is Judien Jove. I won the aution at $780, and contacted him about the product. He gave me a phone number to call and said his name was Curtis Cross. I called him and I gave him my name, phone and shipping address so he could ship me the product. I wired $780 via western union to Curtis Cross in Rosedale New York. He told me he was going to ship the item to my house the next day and call me with the tracking number. He gave me no phone call, and when I tried to call him he did not awnser. I called and emailed him several times with nothing. I visited ebay's website and was returned with about 10 emails from people who purchased items from him and got nothing. All of them using western union. We all agree that this man needs to be stopped. Please email me back with something I can do, I will do any thing to stop this from happening again. I thank you for your time. AP


Asked on 12/22/03, 1:19 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Curtis Cross

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is more of a practical rather than a legal answer. eBay has a security program for problems just like this. Gather as much information as you can and provide it to them. If you can get their attention, they might actually investigate. It may be called Safeharbor but I am not positive.

Secondly, you may wish to send a letter to the post office. If you can show mail fraud by others having sent their payment in the mail to this party, then they may take some action.

Third, you may wish to contact the state attorney/attorney general's office in New York and explain the problem. They might investigate.

Last, you may wish to collectively hire an attorney in Rosedale, New York, and sue the party there. This will have a greater effect than suing in Florida although that is also an option.

Good luck.

Scott R. Jay, Esq., 305-249-8000

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Answered on 12/22/03, 9:27 pm


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