Legal Question in Consumer Law in Ohio

Unknowingly bought pirated software, want refund

I bid on a software item on eBay but did not win the item. 3 days later I was contacted via email by the seller saying that the winning bidder backed out and that I could have the software for $100 plus S/H. I paid by PayPal and 2 weeks later I received a package. Inside the package was a white-blank labeled CD that had the product on it. It was obvious that it was pirated. I contacted the software manufacturer and they checked out the s/n and confirmed that it was pirated software. I have emailed the seller numerous times to ask for a refund and he said he'd give a refund but kept giving excuses why he couldn't do it ''this week'' for several weeks now. He is in Florida and I'm in Ohio. Can I take him to Small Claims Court or ???? If this is possible, what type of lawyer would I even contact?


Asked on 11/05/03, 9:29 am

1 Answer from Attorneys
Steven Magas Smith Rolfes & Skavdahl

Re: Unknowingly bought pirated software, want refund

Yes you can take him to small claims court. I would take him to court here in Ohio, arguing that he has chosen to do business in Ohio, selling a product in Ohio and taking money from an Ohio bank. I would also suggest reporting him to the appropriate authorities in Florida and Ohio as well as with the manufacturer of the software and the ebay folks, where you can post feedback and report problem sellers. On your suit, you can allege fraud, conversion or theft, misrepresentation, breach of contract, breach of warranty, and try to get more than simply your money back.

GOOD LUCK

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Answered on 11/05/03, 9:49 am


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