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Our most humble apologies to those of you in Suriname and other countries, but this section is most applicable to the United States of America. These laws and methods may or may not be similar in other countries. One word of caution to those who conduct transactions between countries--if you are a victim of fraud for a small- to medium-value transaction, it will probably not be worth your while to try to recover your loss.
Contact the other party by e-mail or telephone!!! How many times do we need to beat it into you?!? ;-) Yet again, the vast majority of purported fraud cases on the Internet are caused by miscommunication. They can be worked out with a bit of patience from both parties. Some of us have played mediator to cases that took months to resolve, but were due to a series of misunderstandings and cultural difficulties between two parties who had every intention of completing an ethical sale.
You've contacted the person multiple times to no avail, or he has disappeared off the face of his post office box. What next? Try to contact the other person's system administrator with a cordial e-mail of explanation. Briefly let the administrator know the situation, and as much information about the other party as you have available. Often the threat of losing access is enough to bring them back to the negotiating table.
How do you find their sysadmin? Try sending e-mail to postmaster@[systemname], where [systemname] matches the same part of the other party's address. Most system administrators do not appreciate their users using their site for fraudulent means. If you receive no response, then it is likely that the other party is a sysadmin. In that case, ask your sysadmin to help you use InterNIC to find out where they are getting their access. She'll be able to find someone higher up the connectivity ladder.
In the United States, a number of laws protect the buyer and seller. We are not legal experts, but over the years we have collected the following information which represents the best of our current knowledge. If you have evidence otherwise, please let us know. A correct legal opinion is always appreciated. As usual, we do not guarantee its accuracy. We suggest you contact your lawyer for the details.
Whether you are a business or an individual, as a seller, you are subject to certain implied terms of sale. For all interstate transactions, federal law states that goods must be shipped within 30 days of receipt of payment, unless the seller specifically states otherwise at the time payment is made. If delivery will be delayed beyond 30 days (or beyond the stated delivery date), the buyer has the right to cancel the sale and receive a full refund. To the best of our knowledge, the seller is responsible for the delivery of the advertised merchandise, and accepts liability for its loss or damage in transit unless the shipment is advertised as FOB--the buyer is responsible for picking it up or arranging to have it picked up.
These rules do not necessarily apply to in-state transactions, although many states have adopted similar laws. Federal commerce laws rarely affect in-state transactions on constitutional grounds. Generally, we believe that an in-state transaction implies the buyer's residency and the seller's residency (or office involved in the transaction) being the same. Again, we would appreciate a legal opinion... ;-)
Have you ever tried to assassinate the President? Evade the IRS? Then you know what the Postmaster General of the United States can do to you if you negligently or intentionally disobey Federal or state implied terms of sale. Mail fraud is an offense that carries hefty fines, and more jail time than many judges seem to give for murder. If any part of your transaction passes through the U.S. Postal Service--sending a check, letter of confirmation, or package--then your entire transaction is covered under these laws. If you pay over the phone by electronic check and receive the merchandise by a private carrier like United Parcel Service or FedEx, the transaction can not be prosecuted as mail fraud.
If you think you are a victim of mail fraud, ask your local post office how to contact the postmaster general for your district. Her office will send you the forms you need to inform them of alleged fraud. Most frequently, they will not act on an isolated incident; but a pattern will result in criminal prosecution. In both cases, you still preserve your right to pursue the case in civil court.
Fraud is where the little plastic card shines brightly. If you pay by credit card and the merchandise is not delivered as expected, send a letter to your credit card company to dispute the charge. You'll still have to pay interest if you lose and don't keep your balance paid in full in the interim, but most credit card companies are very consumer-oriented, and will not tolerate shady behavior on the part of their merchants. You can call your credit card bank to dispute the charge, but you do not preserve your many legal rights if you do not follow up with a letter. See the ultra-invisible fine print legal gibberish of your credit agreement for the details.
If it is worth your time and effort, financially or in principle, as The People's Court moderator Doug Llewelyn says, "Take 'em to court!" Small claims court costs about $30 to file a suit in many states, and contrary to popular belief, a good-faith verbal contract is legally binding in most places. As long as the judge believes you and not the other guy... If your transaction is above a thousand dollars, you may also be able to find a local attorney willing to do it for 1/3 of the settlement. In some places, you may be able to recoup the attorneys fees if you had a well-written contract. If you go to court, talk to an attorney first to make sure your case has merit. You need to file in the right court--county, state, or federal--and within a certain number of years for your allegations to be considered. Many netizens should be able to competently represent themselves in small claims court for amounts up to a few thousand dollars; it varies by state. Even if you win, however, collection can still be difficult, and should probably be left to a lawyer, a collection agency, or your 300-pound body-building relatives.
If your claim exceeds the limit for small claims court in your state, you will probably have to hire an attorney. It won't cost you but a small amount for his actual expenses; filing fees, gas money, and so forth, but he will take from 25% to 33% of any settlement that is reached. And, the other party should be motivated to settle. Any judgment against him, small claims or otherwise, will go on his credit rating (or yours if you lose to someone else), which may be satisfaction enough.
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