Purchasing goods from the comfort of your own living room certainly is more convenient than actually driving to a store, while offering a virtually unlimited array of choices and the ability to compare prices. While online payment and security technology have come a long way, you still may experience problems with online shopping from time to time. This article covers some of the more common issues, such as getting the wrong item or falling prey to online scams, and ways to minimize these potential pitfalls.
See FindLaw's Consumer Transactions and Online Scams subsections for related content, including Paying Online for Goods, Privacy and Online Shopping, and How Do I Shop Safely Online?
If the item you received is not the item listed as purchased, the seller is responsible for either correcting the error (at no extra charge) or refunding your money, but online retailers may have different approaches. There may be information about resolving this type of dispute in the "disclaimers" or "legal terms" portion of the customer contract, or you can usually call or email the company for details.
Most online vendors understand that customer service can make or break their business and will try to fix the problem quickly. Some will reimburse you for the cost of return shipping if it is the company's fault; but you may still have to pay for shipping upfront, since they must confirm the error first. However, with online auction sites, the process is less clear because these sites typically only serve to connect buyers and sellers. Sometimes auction sites create an online process for resolving disputes over delivery of goods and may serve as an intermediary in the process.
However, when you buy something online from an individual vendor, perhaps through Craigslist or a similar service, it could prove very difficult to resolve such an issue if the seller is acting in bad faith or otherwise not responsive.
If you received a product that you never ordered, you have the right to keep it as a gift, according to the Federal Trade Commission. This means the seller cannot demand that you pay for the product. You may, however, notify the seller and offer to return the good if the seller agrees to pay for shipping.
It is a completely different situation if the good was addressed to someone else but the mailperson delivered it to your address. In that case, you should either deliver it yourself or put a note on the package that simply says "wrong address" and put it back in your mailbox.
Federal law (the Mail or Telephone Order Merchandise Rule) requires retailers that process orders by mail, telephone, or the Internet ship items within 30 days. If a seller cannot ship within the promised time, the seller must obtain the buyer’s consent to a delay in shipping or refund payment for the unshipped merchandise. If the seller can’t meet the revised shipping date, it must notify you again by mail, email or telephone and give you a new shipping date or cancel your order and give you a refund. The order should be canceled and a refund issued promptly unless you indicate by the revised shipping date that you are willing to wait. Likewise, retailers are required by law to explain your right to a full refund for undelivered goods.
Likewise, the Fair Credit Billing Act protects you from being billed for items that are not delivered, but nevertheless charged to your credit card. If the online vendor is unwilling or unable to help you, or denies your claim that the item was never delivered, you may write to your credit card issuer's billing inquiries department about the problem. Make sure you send it within 60 days after the bill with the errant charge (specifically, the charge for an item not received) was sent. See the Federal Trade Commission's (FTC's) Billed for Merchandise You Never Received? Here's What to Do for a step-by-step guide on resolving this common problem with online shopping.
If an item purchased through an auction site does not arrive, auction sites typically suggest first contacting the seller, who can provide shipping and tracking information; give you a full refund; or offer to send a replacement.
Sometimes items are shipped but delivered to the wrong address; stolen from the porch; or inadvertently left in a hidden spot (such as an alleyway or by a seldom-used side door). Again, this often comes down to customer service, and major online retailers may be willing to give you the benefit of the doubt in such a situation.
Problems with online shopping can be especially difficult to resolve if the seller is located in a foreign country. Before you order, you will want to know how the item is priced and when it is converted to U.S. dollars (if listed in a different currency); whether the retailer will ship to other countries; the likely length of time it will take to fulfill the order; any applicable special duties or taxes.
If there are problems with your order, such as getting the wrong item, most vendors require you to resolve the dispute in their local court. So is it worth traveling to Switzerland, for example, to assert your claim that you were sent the wrong Swiss Army Knife? A safer alternative may be to look for a U.S. reseller who offers the same items.
As a general rule, though, you should approach international online orders with caution.
In addition to general problems with online shopping pertaining to legitimate retailers, you also need to be aware of the various kinds of scams targeting online consumers. Some suggestions for avoiding scams are listed below:
Other online scams include phishing and spoofing and identity theft (which is not limited to the Internet). Consider speaking with a consumer protection lawyer if you are unable to resolve one or more problems with online shopping.
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My wife and I just went through a bad divorce, and I was ordered to pay way too much money in alimony, child support, insurance, and debts. I want to appeal the judge's order, but my lawyer said that since part of the divorce decree was a judgment against me, I have to post a cash bond for even more than that amount if I want to appeal it. The judge ordered me to pay a lump sum and called it a judgment, and gave me 60 days to pay it.
He also said I have to pay the alimony every month during the appeal, even though I want to fight the amount of alimony as being unreasonable. With everything I was ordered to pay, there is no way I can also pay the alimony every month on top of it too, at least not without a pretty bad standard of living.
How can I be ordered to pay a judgment for more money than I have (her lawyer claimed I had money hidden but couldn't prove it), and be told I can't appeal it unless I put up the money first? And why should I have to pay the alimony when I am appealing that too? My lawyer doesn't do appeals, so I am not sure he is right about this stuff. He wants me to meet with some young guy in his office about the appeal, but I want a lawyer who has more experience and this appeals lawyer looks like he is in high school.
Do I have to put up the money to appeal the cash judgment part of the divorce? And do I have to pay the alimony while I am appealing it?
Foreign minor in possession of alcohol
My friend is a UK citizen, working for the summer at a camp in Maine. He just turned 21 yesterday but was issued with a minor in possession or a drunk in public ticket (he was unclear) a few weeks ago when he was 20. The officer only wrote his full name and the first 2 lines of his address on the ticket (not the country or the UK county, just the street number & name and village). If he fails to pay this ticket, will there be an issue the next time he tries to enter the US?
Thanks for all your help!