legal advice.. ebay scam... need some input

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  • detoxed
    vip member
    • Jan 2003
    • 17798

    #1

    legal advice.. ebay scam... need some input

    I had a friend email me today all worried. SHE apparently bought something on Ebay. The person was selling a item.. or so it appeared.

    They had a buy it now about 80% of the retail value of the item.
    In ONE sentence, the seller put "Bid now for your picture of "X" item"

    The seller was actually selling a picture of the item the buyer thought she was buying, not the actual item. This was very stupid of her for not reading carefully, but this guy has gotten thousands of dollars from people just like her by tricking them.

    Is there any legal action she can take to get money back? Would she lose in court?
  • asuna
    Confirmed User
    • May 2002
    • 8743

    #2
    If itsin fine print.. maybe...
    Whats the object? and how much?

    Like people who sell 'info', 44" HDTV for 6.99, its info, don't think for 149.99 your getting a TV, ur gettting fucking info, and your getting ripped for it

    Comment

    • NoCarrier
      We need more free porn
      • Mar 2002
      • 16356

      #3
      Originally posted by detoxed
      I had a friend email me today all worried. SHE apparently bought something on Ebay. The person was selling a item.. or so it appeared.

      They had a buy it now about 80% of the retail value of the item.
      In ONE sentence, the seller put "Bid now for your picture of "X" item"

      The seller was actually selling a picture of the item the buyer thought she was buying, not the actual item. This was very stupid of her for not reading carefully, but this guy has gotten thousands of dollars from people just like her by tricking them.

      Is there any legal action she can take to get money back? Would she lose in court?
      Can you post the eBay link?

      Comment

      • Pipecrew
        Master of Gfy.com
        • Feb 2002
        • 14888

        #4
        its all pyramid schemes

        Comment

        • Dveron
          Confirmed User
          • Dec 2002
          • 2794

          #5
          Well your friend is not too bright. How did she pay for the auction? If it was via a credit card she may be able to charge back.

          It depends I guess on how the auction is worded and if it was deceptive.
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          • OneHungLo
            So Fucking Banned
            • May 2001
            • 40902

            #6
            "There's a sucker born every minute."
            ~P. T. Barnum

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            • detoxed
              vip member
              • Jan 2003
              • 17798

              #7
              Well an example, I saw someone else doing it:

              http://cgi.ebay.com/ws/eBayISAPI.dll...tem=2913632156

              Except in the auction she won, there was 1 sentence saying pictures, not 2. It was for 80% of retail price of the item, not $6.99 for info.

              Comment

              • detoxed
                vip member
                • Jan 2003
                • 17798

                #8
                I know she is a dumbass for falling for this. I'm just trying to find out if she can do anything about it, legally, not credit card wise, she'll get her money back. $800 range.

                Comment

                • psyko514
                  See sig. Join Epic Cash.
                  • Oct 2002
                  • 22366

                  #9
                  technically, there's nothing she can do. if the auction text stated what it was (just pictures) and she paid nontheless, too bad for her. she has no legal recourse as she paid for what was advertised.

                  best case scenario, she can complain to ebay, who will cancel this person's account and freeze the funds in his paypal account (if any).

                  if she paid by credit card thru paypal, she will not be able to charge it back successfully from her bank.

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                  • BigFish
                    Confirmed User
                    • Jan 2003
                    • 1159

                    #10
                    Caveat Emptor - "let the buyer beware" is what the courts will say.

                    Comment

                    • psyko514
                      See sig. Join Epic Cash.
                      • Oct 2002
                      • 22366

                      #11
                      what's her email address? i wanna sell her the concept of some good legal advice.

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                      • lightswitch
                        Confirmed User
                        • Feb 2001
                        • 870

                        #12
                        Originally posted by detoxed
                        I had a friend email me today all worried. SHE apparently bought something on Ebay. The person was selling a item.. or so it appeared.

                        They had a buy it now about 80% of the retail value of the item.
                        In ONE sentence, the seller put "Bid now for your picture of "X" item"

                        The seller was actually selling a picture of the item the buyer thought she was buying, not the actual item. This was very stupid of her for not reading carefully, but this guy has gotten thousands of dollars from people just like her by tricking them.

                        Is there any legal action she can take to get money back? Would she lose in court?

                        Yeah there is something she can do, she can learn a lesson!
                        also FBI internet crimes divison has a web page were you can file reports. But its jsut a paperwork fuck off, not really worth the tiem but who knows. could also do a little investagation on where this person is located, pay a visit, fucken scamer! scamer must die!

                        Comment

                        • jact
                          Confirmed User
                          • Sep 2002
                          • 9134

                          #13
                          Crazy. I guess when you think you're getting a deal, you should think about what you're really getting.
                          Free agent

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                          • detoxed
                            vip member
                            • Jan 2003
                            • 17798

                            #14
                            She already has her money back, she just wants this guy in jail. I guess its not gonna happen.

                            Comment

                            • jact
                              Confirmed User
                              • Sep 2002
                              • 9134

                              #15
                              Originally posted by detoxed
                              She already has her money back, she just wants this guy in jail. I guess its not gonna happen.
                              Then no harm no foul. If they put picture(s) they weren't misrepresenting themselves... Lesson learned.
                              Free agent

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                              • detoxed
                                vip member
                                • Jan 2003
                                • 17798

                                #16
                                Yeah, it just sucks, there are a lot of people sending this guy money orders, etc.

                                He is probably using a hacked account because his feedback was 100+ positives with no negative.

                                Just a warning to everyone, be careful on Ebay.

                                Comment

                                • Schwick
                                  Confirmed User
                                  • Jul 2002
                                  • 543

                                  #17
                                  **note to self: Read entire thread before posting.**

                                  Comment

                                  • Amputate Your Head
                                    There can be only one
                                    • Aug 2001
                                    • 39075

                                    #18
                                    find his sister and fuck her
                                    SIG TOO BIG

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                                    • Morgan
                                      Too lazy to set a custom title
                                      • May 2002
                                      • 10520

                                      #19
                                      Kick is... The seller's name was: Don Lapre
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