Online Marketplace Scams: What Ohio Consumers Can Do After Buying A Defective Or Fraudulent Product
The internet has revolutionized the way people purchase and sell products. The advent of eBay, Facebook Marketplace, and third-party vendors on websites of established retailers makes shopping much more convenient. It has also opened up new avenues for fraud and deception. While Ohio residents can feel trapped when they’ve made a bad purchase, there are solutions under the law.
Common types of online marketplace scams
Internet scams are diverse, and sometimes the scam isn’t always apparent to the buyer. The following are some of the common problems faced by internet buyers:
- Delivery of an item different from what was advertised
- Delivery of a fake or counterfeit item
- Payment made, yet the item is never delivered
- Defects in the item not mentioned during the sale
- Use of stolen images to advertise a non-existent item
Sometimes, the seller disappears after the transaction is completed.
Fraud vs. breach of contract
When things go wrong, how the problem is classified becomes very important. On the one hand, there could be cases of breach of contract where the seller doesn’t provide the product that was advertised. On the other hand, the seller could be involved in some kind of fraud.
For instance:
- Misleading description of the goods is regarded as a contract breach
- Intentionally selling fakes or having no intention of delivering the items sold in the first place is considered fraud
What should I do after a problematic purchase?
If you suspect that you’ve fallen victim to some scam or have received an inferior item, acting promptly could help your situation:
- Gather evidence – Capture all listings, chat exchanges, payment information, shipping info
- Contact the seller – Try to sort out the problem directly via the site
- Utilize protections on site – Lodge a claim via the marketplace (most sites have buyers’ protection policies)
- Lodge a chargeback request – In case of credit card payment, contact your bank and report the fraud
Usually, there’s no need to file a lawsuit.
Consumer protections under Ohio law
Ohio state law gives further protection under the Ohio Consumer Sales Practices Act (CSPA). This act prohibits any supplier from conducting themselves unfairly, deceptively, or unconscionably in consumer dealings.
The Consumer Sales Practices Act offers remedies to consumers in the form of:
- Damages caused by a violation of the act;
- Statutory damages in some instances; and,
- Attorneys’ fees if a knowing and intentional violation occurred.
Many online transactions are covered under the law, especially if the seller deals with the transaction as a business.
When to consider legal action
If your attempts to settle the matter informally fail, and there are considerable monetary losses, filing a case against the seller would be justified. This is particularly applicable when dealing with cases involving fraud, repeated deception, and/or high-value transactions.
A lawyer can assist with determining whether:
- The seller is classified as a “supplier” under the laws of Ohio
- The behavior constitutes a violation of the law
- The most effective way of recovering compensation
At times, taking the legal route may expose other similar cases that have been committed against other customers.
Talk to a Dayton, OH, Consumer Rights Lawyer Today
If you’ve lost a considerable sum in an online transaction, it could help to have a Dayton, OH, consumer rights lawyer look over your case. Call Kohl & Cook Law Firm, LLC, today to schedule an appointment and learn more about how we can help.
