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Old 04-28-2007, 01:38 AM #1
ImNotLeet
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Have You Been Scammed: Read Here

If your reading this your either a victim or interested in what steps to take if you have been defrauded. While I have attempted to cover all the basics, if your in doubt it's allways a safe bet to consult your local Police or Attorney at Law.

Types of Auction Related Fraud?
As relevant to PaintBall Nation
1) Failure to send the merchandise.
2) Send something of lesser value than advertised.
3) Failure to deliver in a timely manner.
4) Failure to disclose all relevant information about a product or terms of the sale.
5) Seller/buyer posing as a third party escrows service

When To Worry?
-Sellers are required by law to ship merchandise within the time frame specified during the auction, or within 30 days, if a time frame is not specified. If a seller can’t meet the shipping commitment, they must give the buyer an opportunity to agree to the new shipping date or cancel the order for a full refund.

What is Negligence?
Negligence is both civil and criminal and often times is what most members consider scamming. Most threads Ive read are eventually resolved due to the diligence (or pestering) of the buyer. The seller at that point has been negligent and could be brought to court.

Negligence is comprised of four legal elements, and a claimant has the burden of proving each one. These elements are
1)A duty owed by one person to another to exercise ordinary care,
2) A breach of that duty,
3)The breach of duty was the proximate cause (a natural, probable, and reasonably foreseeable consequence) of injury to the claimant, and
4) The claimant suffered damages.

What laws could they have broken?
This thread on PBN seems to have the laws pretty well covered, the thread also covers how to truly identify the seller through reverse lookup,etc.
1) http://www.pbnation.com/showthread.php?t=2031414
2) http://www.law.cornell.edu/wex/index...internet_fraud

What Can I Do?
If you can't work it out with the seller and have exhausted all options you could try these solutions:

1)Wait the 30 Day's (Make sure to document all attempted contact and file all related forms, emails, and payment documents)

2)Send a demand of merchandise or refund letter via certified mail with return receipt.

3)File a police report for stolen merchandise (Be prepared to support your complaint with all documentation)

4)File a mail fraud complaint.
https://www.usps.com/postalinspector...dComplaint.htm

5)File with the FTC and if necessary call your Attorney General as they have plenty of resources.
http://www.ftc.gov/bcp/conline/pubs/.../auctions.shtm

Other Resources
http://www.auctionblacklist.com/
http://www.maineantiquedigest.com/articles/auclaw.htm
http://www.ftc.gov/bcp/conline/pubs/.../auctions.shtm
https://www.usps.com/postalinspector...dComplaint.htm
http://www.fraud.org/
http://www.ic3.gov/
http://www.cybercrime.gov/reporting.htm
http://www.law.cornell.edu/wex/index...internet_fraud

Last edited by ImNotLeet : 05-16-2007 at 12:07 AM. Reason: Spelling/Readability
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Old 04-28-2007, 02:29 AM #2
riceNsalad
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Deff. sticky material. But isnt there a sticky already like this? Good job on the post though man.
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Old 04-30-2007, 03:30 PM #3
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sticky for shure.
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Old 05-07-2007, 08:36 PM #4
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*Reserved*
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Old 05-08-2007, 04:29 AM #5
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definitely sticky this, ImNotLeet knows whats up!
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Old 05-23-2007, 09:37 AM #6
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Quote:
Originally Posted by wolfpack_pb View Post
definitely sticky this, ImNotLeet knows whats up!
Anything else you think I should add?
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