Legal Question in Consumer Law in New Mexico

Can anyone commit fraud over the Internet and get away with it?

A friend of mine recently purchased a monitor from an Ebay auction. I was assisting with the transaction because I am more adept with the Internet.

I lost communication with the seller and the $382 that my friend gave the seller for the monitor. The seller first said that he was going to send me the tracking number but never did. The sale will have been about a month a go very soon. I have sent him 9 emails and attempted to call;no answer.

Recently, I have received mail from at least 20 other people who have not received the items they paid for regarding the same seller. Another Ebayer collected the email addresses from public information on the web site. I chose to use Paypal which has a fraud protection program to pay for the monitor (I tend to be cautious). I will be using the Fraud protection program on Tuesday (a month after the sell) to try to reclaim my friend's money. However, there are others in my group that paid directly - some with cashier checks. There money seems to be lost. There appears to be several thousand dollars among us that we lost.

We have the seller's addresses in CA as well as his phone number. What can we do?

Again, Thank you.


Asked on 10/12/00, 11:05 am

1 Answer from Attorneys
Robert Scott Robert L. Scott, Attorney at Law, P.C.

Re: Can anyone commit fraud over the Internet and get away with it?

Unfortunately, I think the answer is yes.

PC World magazine had an interesting article on internet shoppping a month or two ago and what a person could do in the case of fraud on ebay, etc.

Legally, it's a complex question because the law is a few steps behind the internet. The first question is is it worth it? A lawyer won't touch the case if the value is only a couple hundred dollars. It's also not financially wise for the client.

If there are a lot more victims, then the case begins to look more interesting. However, then you run into the complexities of a class action.

Finally, you have the issue of jurisdiction. It may be possible to sue this slug in NM but it's unclear at this time. I think you probably wouldn't have a problem suing him in CA, but it raises the issue of long distance litigation and the increased cost it entails.

If a law suit is unfeasible, I certainly think complaining to ebay and to CA attorney general is one step to take. Doesn't ebay have a rating system on buyers and sellers? Why don't you flame this guy?

At this time, I will not be taking the case however if you'd like to email with other questions, I will certainly respond.

I am a plaintiff's lawyer focusing on personal injury, workers' compensation and employment dispute/discrimination cases. I also have a significant divorce/family law practice. I have a newletter with very good information in it. Email me if you'd like a copy. If you know of anyone else who'd like to receive it, please let me know.

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Answered on 11/06/00, 9:49 am


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