🛒 Online Purchase Fraud Claims
Online shopping scams are increasingly common. From fake sellers on legitimate marketplaces to sophisticated counterfeit operations, California consumers have multiple legal remedies when online purchases go wrong.
Types of Online Purchase Fraud
🚫 Non-Delivery
Paid for item that never arrives. Seller stops responding, provides fake tracking, or simply disappears.
🎁 Counterfeit Goods
Received fake/knockoff items advertised as authentic. Common with electronics, luxury goods, supplements.
📦 Wrong Item
Received something completely different from what was ordered. Bait-and-switch tactics.
💰 Marketplace Scams
Scammed on Amazon, eBay, Facebook, or other platforms. Third-party seller fraud.
💳 Credit Card Chargebacks Are Your Friend
If you paid by credit card, you have strong protections under the Fair Credit Billing Act. You can dispute charges for goods not received, goods not as described, or fraudulent transactions. File a chargeback with your card issuer - this is often the fastest path to recovery. Debit cards have weaker protections, so always use credit for online purchases.
Immediate Steps When You're Scammed
- Document everything - Screenshot the listing, order confirmation, all communications, and what you received (or didn't receive)
- Contact the seller - Send a written demand via the platform and email. Keep copies of all messages.
- File a platform dispute - Use Amazon A-to-Z, eBay Money Back Guarantee, PayPal Buyer Protection, etc.
- File a chargeback - Contact your credit card company to dispute the charge. Do this within 60 days.
- Report the fraud - FTC at ReportFraud.ftc.gov, California AG, and IC3 (if over $1000)
- Send formal demand letter - If you have seller contact info, send a legal demand
📝 Demand Letter Templates
Below are sample demand letters for different online fraud scenarios. Customize based on your situation.
Non-Delivery Demand
Despite your representation that this item would be shipped and delivered, I have never received it. The tracking information you provided shows [STATUS: e.g., "delivered" to wrong address / tracking never updated / tracking number invalid]. I have contacted you on [DATES] and received [no response / inadequate response].
Your failure to deliver goods for which you accepted payment constitutes breach of contract, fraud, and violates the California Consumer Legal Remedies Act (Civil Code 1770). Under the CLRA, I am entitled to actual damages and, if your conduct was willful, up to three times actual damages plus attorney fees.
Counterfeit Goods Demand
Your listing represented this item as an authentic [BRAND NAME] product. What I received is clearly counterfeit, as evidenced by: [LIST INDICATORS: poor quality materials, wrong packaging, misspellings, missing authenticity markers, etc.]
The sale of counterfeit goods is illegal under both California and federal law. You have violated:
- California Civil Code 1770(a)(5) - misrepresenting goods have characteristics they do not have
- California Civil Code 1770(a)(7) - misrepresenting goods are of a particular standard or quality
- Federal Lanham Act - trafficking in counterfeit goods
I demand a full refund within 10 days. If you do not comply, I will report this sale to [BRAND NAME]'s brand protection team, the platform, the FTC, and pursue legal action.
Bait-and-Switch / Wrong Item
Your listing clearly showed and described [DESCRIPTION FROM LISTING]. What I received was [WHAT YOU ACTUALLY GOT], which is materially different and worth a fraction of what I paid.
This classic "bait-and-switch" scheme violates California Civil Code 1770(a)(9) (advertising goods with intent not to sell as advertised) and constitutes fraud. I have preserved screenshots of your original listing which clearly show the misrepresentation.
You have 10 days to provide a full refund. I am also entitled to return shipping costs and any additional damages caused by your fraud.
📊 Sample Damages - Counterfeit Electronics
Example: Fake "Apple" AirPods sold as authentic
⚖ California Law
California provides multiple legal remedies for online purchase fraud, often with enhanced damages for willful violations.
Key California Statutes
Consumer Legal Remedies Act (Civil Code 1750-1784)
Prohibits 27+ unfair/deceptive practices including misrepresenting goods, bait-and-switch, and false advertising. Allows actual damages, and up to 3x damages for willful violations, plus attorney fees. Must send 30-day notice before suing for damages.
Unfair Competition Law (Bus. & Prof. Code 17200)
Broad prohibition on unlawful, unfair, or fraudulent business practices. Allows restitution and injunctive relief. No pre-suit notice required. Can be used alongside or instead of CLRA claims.
False Advertising Law (Bus. & Prof. Code 17500)
Prohibits untrue or misleading advertising. Online listings and product descriptions are "advertising" under this law. Allows injunctive relief and restitution.
Fair Credit Billing Act (Federal - 15 USC 1666)
Requires credit card issuers to investigate billing disputes. You can dispute charges for goods not received or not as described. Must dispute within 60 days of statement. Issuer must resolve within 90 days.
⚠ CLRA 30-Day Notice Requirement
Before suing for damages under the CLRA, you must send a written demand letter at least 30 days in advance, giving the seller an opportunity to cure. If they offer an "appropriate correction, repair, replacement, or other remedy," you may only be entitled to injunctive relief. The 30-day notice is not required for injunctive relief claims or UCL claims.
Statute of Limitations
| Claim Type | Time Limit | Notes |
|---|---|---|
| CLRA Claims | 3 years | From the fraudulent act |
| UCL Claims | 4 years | From the wrongful conduct |
| Fraud | 3 years | From discovery of fraud |
| Breach of Contract | 4 years (written) / 2 years (oral) | From breach |
| Credit Card Chargeback | 60-120 days | From statement date - ACT FAST |
🔍 Evidence Checklist
Thorough documentation is critical for online fraud claims. Gather all of this evidence.
📷 The Listing
- ✓Screenshots of original product listing
- ✓Product photos from listing
- ✓Written product description
- ✓Seller's claims about authenticity/quality
📦 What You Received
- ✓Photos of actual item received
- ✓Photos of packaging/shipping labels
- ✓Comparison photos (listing vs reality)
- ✓Evidence item is counterfeit (if applicable)
💰 Payment Records
- ✓Order confirmation email
- ✓Payment receipt/credit card statement
- ✓PayPal/Venmo/other payment records
- ✓Shipping costs paid
💬 Communications
- ✓All messages with seller
- ✓Platform dispute filings
- ✓Chargeback claim documentation
- ✓Any refund offers/denials
💡 Preserve the Listing IMMEDIATELY
Scam sellers often delete listings quickly. Use archive.org's Wayback Machine, or take full-page screenshots (including URL) as soon as you realize there's a problem. If you can't find the original listing, check your email for order confirmations that may include product details.
❓ Frequently Asked Questions
You have multiple options: (1) File a chargeback with your credit card company under the Fair Credit Billing Act, (2) Report to the FTC at ReportFraud.ftc.gov, (3) File a complaint with the California Attorney General, (4) Send a demand letter to the seller, (5) Sue in small claims court. For credit card purchases, chargebacks are often the fastest remedy.
Yes. Selling counterfeit goods violates California Civil Code 1770 (CLRA), the False Advertising Law, and federal trademark laws. You're entitled to a full refund and potentially additional damages. If the seller advertised the item as authentic, you may also have fraud claims allowing punitive damages.
Potentially. While marketplaces often disclaim liability for third-party sellers, California law may hold them liable if they made representations about buyer protection, failed to honor stated guarantees, or knew or should have known about fraudulent sellers. Amazon, eBay, and similar platforms have buyer protection programs that may provide remedies.
Under the Fair Credit Billing Act, you must dispute charges within 60 days of the statement date. Some card issuers allow longer (up to 120 days). Act immediately when you discover fraud - don't wait. The clock starts from when the charge appears on your statement, not when you discover the problem.
For claims under $12,500, California small claims court is fast, cheap, and attorney-free. For larger amounts or if CLRA treble damages push your claim higher, an attorney may be worthwhile - especially since CLRA allows recovery of attorney fees. Many consumer attorneys offer paid consultations and contingency arrangements.
💼 How I Help With Online Purchase Fraud
I assist California consumers with online purchase fraud claims when standard remedies (chargebacks, platform disputes) fail or when claims warrant professional legal action.
My Services
| Service | Fee |
|---|---|
| Initial Consultation - Review your case, assess options | $240/hr |
| CLRA Demand Letter - 30-day pre-suit notice to seller | $350 flat fee |
| Chargeback Support - Help with disputed chargeback | $200 flat fee |
| Small Claims Preparation - Help you prepare for court | $400 flat fee |
| Full Litigation - CLRA/UCL claims for larger fraud | 33-40% contingency |
💡 CLRA Attorney Fee Recovery
Under the California Consumer Legal Remedies Act, prevailing consumers can recover attorney fees. This means that for willful fraud with significant damages, hiring an attorney may cost you nothing out of pocket if we win - the scammer pays your legal fees. This makes pursuing larger claims economically feasible.
Got Scammed Online?
I offer a 30-minute consultation to review your situation and determine the best path to recovery - chargeback, platform dispute, demand letter, or litigation.
Contact
Email: owner@terms.law