eBay fraud - My legal options?

[AngryMan]

I've heard similar, but again, I'm looking for some type of source, as in Arizona law, for example, that states I have the right to press charges against this person from an Arizona court. Some say it's possible, others say no. Believe it or not, I'm trying not to ruffle any feathers here. I've done nothing but thank the detective for his help thus far, though I'm get the distinct feeling he has no interest in the case either way. The last thing I want to do is call the court about this completely unprepared and waste a bunch of their time (and more of mine). I've never sued anyone, and am unfamiliar with the procedures. Jeopardizing a very simple case of being ripped off online at this point would be a bit of a disappointment, to say the least, with all of the paperwork of sorts I've gathered proving I paid for an item that was never shipped, violating the agreement.

 

[justalayman]

=AngryMan;2518940]I've heard similar, but again, I'm looking for some type of source, as in Arizona law, for example, that states I have the right to press charges against this person from an Arizona court. Some say it's possible, others say no.

you have no right to press charges anywhere. You have a right to file a complaint with the police or the DA. If the DA believes there is a crime, they can then initiate charges. So, call the DA local to the other party and tell them you want to file a complaint concerning what ever crime you believe has taken place.

I will suggest they will decline to accept a complaint as there is nothing to show this is anything more than a contractual dispute which is a civil action and the DA has nothing to do with.

So, if that happens, you can either try to sue in your home state as stevef suggested previously or go to her state and file suit. You might be able to file suit in her state without actually going to her state but you will have to be there for the trial.

You need to do the investigation stevef spoke of to determine in a suit in your state is viable.


those are your options

 

[swalsh411]

The last thing I want to do is call the court about this completely unprepared and waste a bunch of their time (and more of mine).

But you have no problem practically demanding a detective spend a lot of time over $15. Does the term "futile endeavor" mean anything to you?

 

[laboutiqued]

Me and my spouse were recently frauded/scammed out of $3100 via Ebay

I am a recent victim of Ebay fraud, scam. I was selling a digital film camera for 3100$ when it was bought using "buy it now" and paid for via paypal. I was duped into sending the item to a non verified address- which unfortunately allowed Paypal to find us unqualified for "seller's protection." Once our camrea and our money had vanished, we quickly were timely informed via emails from Ebay that the Ebay buyers' account used in our transaction had been "broken into by an unuauthorized third party." We have filed a grand theft with our local police, and believe that Ebay is liable as the fraud was committed through a registered Ebay member's account as we had no reason to believe that the buyer who had won the auction was not legitimate. Ebay passing the buck here is like your bank passing the buck onto you after they have been broken into and robbed. It is their responsibility, at the auction level, to prevent fraudulent parties from posing as real buyers with legitimate and proven accounts. The smokescreen and washing of hands by both paypal and ebay in total has been stupendous, and egregious. Any legal advice would be very deeply appreciated, as we are in dire need of justice.

 

[Proserpina]

I am a recent victim of Ebay fraud, scam. I was selling a digital film camera for 3100$ when it was bought using "buy it now" and paid for via paypal. I was duped into sending the item to a non verified address- which unfortunately allowed Paypal to find us unqualified for "seller's protection." Once our camrea and our money had vanished, we quickly were timely informed via emails from Ebay that the Ebay buyers' account used in our transaction had been "broken into by an unuauthorized third party." We have filed a grand theft with our local police, and believe that Ebay is liable as the fraud was committed through a registered Ebay member's account as we had no reason to believe that the buyer who had won the auction was not legitimate. Ebay passing the buck here is like your bank passing the buck onto you after they have been broken into and robbed. It is their responsibility, at the auction level, to prevent fraudulent parties from posing as real buyers with legitimate and proven accounts. The smokescreen and washing of hands by both paypal and ebay in total has been stupendous, and egregious. Any legal advice would be very deeply appreciated, as we are in dire need of justice.

You could always start your own thread - that'd be your first step

Your second step would be to accept that Ebay have no legal responsibility or obligation to vet sellers or buyers.

 

[laboutiqued]

Ebay fraud scam

I disagree. They do not have to vet sellers or buyers but do have the legal responsibility to make sure they are not a party to fraud, or scams- as is the case when accounts are hacked into to send emails via Ebay accounts. If you purchased an item at a Sotheby's auction, the same auction say you'd be going to for years, only to find out that Sotheby's had sold items or allowed items to be bought from a seller posing as someone who had a reputable Sotheby's track record/membership, you would have a problem with Sotheby's security and turn to them as at least partially culpable. You do know Sotheby's correct?

 

[Proserpina]

I disagree. They do not have to vet sellers or buyers but do have the legal responsibility to make sure they are not a party to fraud, or scams- as is the case when accounts are hacked into to send emails via Ebay accounts. If you purchased an item at a Sotheby's auction, the same auction say you'd be going to for years, only to find out that Sotheby's had sold items or allowed items to be bought from a seller posing as someone who had a reputable Sotheby's track record/membership, you would have a problem with Sotheby's security and turn to them as at least partially culpable. You do know Sotheby's correct?

Have fun with that.

 

[InsaneJane]

I know of someone who got ripped off something like the OP posted. Only a couple of bucks - eBay is always a gamble...
They ended up signing up for a bunch of accounts and biding on all of the hot auctions that the seller was having. I think they bid something like 1K so they always won.
They didn't ever get their ~$10 bucks back, but I guess they felt vindicated to some degree.

 

[cyjeff]

I disagree. They do not have to vet sellers or buyers but do have the legal responsibility to make sure they are not a party to fraud, or scams- as is the case when accounts are hacked into to send emails via Ebay accounts. If you purchased an item at a Sotheby's auction, the same auction say you'd be going to for years, only to find out that Sotheby's had sold items or allowed items to be bought from a seller posing as someone who had a reputable Sotheby's track record/membership, you would have a problem with Sotheby's security and turn to them as at least partially culpable. You do know Sotheby's correct?

How very condescending of you.

You didn't do your job as a seller and now you want to find a way to blame someone else for YOUR mistake.

Good luck.