Scammed by Buyer - They Returned Empty Box - Options and Next Steps

[dr.kenzo.tenma]

Following up on an earlier thread, I recently got a return request (SNAD) for "items missing." This was for a sale just over $200 and about 8 pounds boxed and shipped. I just got the return box and it was an empty box weighing 6 ounces in total. No communication at all from buyer other than opening the case. Do I have any options?

I know I can "Report the Buyer," as well as open a mail fraud case, open an IC3 case, and file a police report. Regarding the latter, do I file in their jurisdiction or mine?

Anything else I can do?

[dr.kenzo.tenma]

A few details I forgot to mention: The transaction took place on another account - this is a buyer and posting account. The buyer provided pics of the item with its "missing" parts (i.e. just removed from the picture frame) in the INAD request, but hasn't communicated since then. I wish to take all steps I can take to remedy this, and failing that, punish the buyer for fraudalent actions to the maximum extent possible legally.

[postingid2017]

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@dr.kenzo.tenma wrote:

Following up on an earlier thread, I recently got a return request (SNAD) for "items missing." This was for a sale just over $200 and about 8 pounds boxed and shipped. I just got the return box and it was an empty box weighing 6 ounces in total. No communication at all from buyer other than opening the case. Do I have any options?

I know I can "Report the Buyer," as well as open a mail fraud case, open an IC3 case, and file a police report. Regarding the latter, do I file in their jurisdiction or mine?

Anything else I can do?

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Yes, you can and should report the Buyer, file Mail Fraud and IC3.  To file the Police Report I would ask your local PD to see if you file the report within your Jurisdiction, if they would forward the report the thief buyer's Jurisdiction.

[myboardid]

In order to get a financial settlement you would have to file a case in the buyer's small claims court, which would be a civil action, not a criminal one.  All the expenses would be yours to pay, and even ifyou win the case, collecting on it is a whole different kettle of fish.  You are rightfully angry right now and it seems like a good idea, but when you are calmer and look at it  from a different point of view, you will realize it simply isn't a practical thing to do.  Their police dept will also just file the complaint and might pursue it if they arrest the person on some other local charge, but they won't just go after them on your statement.  I know it is disturbing, but that's the truth about what will happen. 

[spetals]

ebay sides with the buyer EVERY time. They can return garbage and deny doing it. I had it happen. they can use not as described to force you to pay the return label. then get garbage. ebay gets their cut. they do NOT care. And amazon is pretty much for new stuff only. even ESTABLISHED buyers will do it and we sellers can only leave "Positive" feedback. I wonder why ebay's profits are down and their QTR reports are off. Anyone want to start up a new site or way to sell?????

[richards*collection]

This is very disturbing news, so a person can just send an empty box with the weight being uncorrect and ebay will not back you? please explain, has this actually happened to people? I would think if a person habitually did this, that they would get caught eventually or everyone would be doing this all of the time. Your saying that the ebay function when you report this if it happened, that ebay won't side with you? strange, I would think that ebay would pay for this.

[orangehound]

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@rougheye4thejewelryguy wrote:
This is very disturbing news, so a person can just send an empty box with the weight being uncorrect and ebay will not back you? please explain, has this actually happened to people? I would think if a person habitually did this, that they would get caught eventually or everyone would be doing this all of the time. Your saying that the ebay function when you report this if it happened, that ebay won't side with you? strange, I would think that ebay would pay for this.

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There are a lot of misconceptions about eBay's responsibilities ... let me summarize the protections from eBay that you have as a seller, and the protections that you must provide for yourself (or absorb):

The 4 protections that are provided by eBay:

1. Item not received.  The seller is protected if the seller can show tracking that demonstrates the item was delivered, or that the item was attempted to be delivered but refused by the recipient.
2. Item handled by a freight forwarder.  If a buyer uses a freight forwarder, the Money Back Guarantee is voided, and claims of non-delivery or not as described are no longer applicable.  In this case, the seller is only responsible for successfully delivering the item to the freight forwarder.
3. Item not paid for.  The seller does not have to ship the item.
4. Item not returned.  The buyer claims to have returned an item, but cannot demonstrate via tracking that the item was returned.

The 7 protections that sellers must provide or absorb:

1. Abusing the Money Back Guarantee.  A buyer lies about the condition of an item in order to circumvent a seller's "no returns", "buyer pays return shipping", or "14-day" returns policy.  There is nothing you can do about this other than report the buyer.
2. Scams.  Scams result in you losing the item, typically by shipping the item without really being paid.  The most famous scam is a buyer ships an item thinking that they've been paid because they received a fake "You've been paid by PayPal" e-mail.   No money, no item.  Most scams are totally preventable ... inexperienced sellers in particular need to learn the payment process and work with PayPal and eBay to make sure that money has properly been paid before shipping.
3. Switch Fraud.  A buyer returns a different item than what was purchased ... maybe even a brick.  The classic example of switch fraud is when you sell a new item, but the buyer returns their old, used and broken item.  This happens frequently with high end items (iPads, iPhones, designer clothing, purses, etc.)   There is a lot of this fraud reported on eBay, and you have two options to protect yourself.  Option 1 is to list it locally (e.g. Craigslist), or list it on eBay as a classified ad with local pick up.  Option 2 is to offer free return shipping and take advantage of eBay's "up to 50% withheld" in cases of fraud.
4. Wardrobing or Renting.  A buyer returns your item in a used or deteriorated condition (this is common with clothing and tools).   See option 2 above.
5. Non-PayPal Address.  You ship the item to an address requested by the buyer that is different from what is registered on their PayPal account and the buyer claims the item was not received (eBay will protect the buyer if it can be demonstrated via messaging or at checkout, but PayPal will not).  This is totally preventable by simply verifying that the shipping address is the validated PayPal address, and if it is not then cancel the sale due to "problem with address."
6. Shipper fails to Scan at Pick-up/Drop-off.  If the shipper fails to scan your item at pick-up or drop-off, you will receive a defect even if it can be demonstrated that the item was ultimately delivered in a timely fashion.  This is preventable if you simply exercise due dilegence to get a drop-off scan ... a carrier picking up your package may not provide this, and you have to go to a shipping center.
7. Buyer requests delay in shipping.  If you provide good customer service to your buyer when they request a shipping delay (usually because they are on vacation), you will receive a late shipping defect - sellers report inconsistent relief by customer service, with some getting the defect removed and others arguing through multiple CS representatives. 

[usgamecollector]

you can contact ebay and see what they will do. Ebay has given me a courtesy refund before for receiving an empty box, however you may have to be a larger seller or on good terms with ebay to get this.