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.
My ex and I got divorced August 2009. I wanted out clean and simple so I did an uncontested divorce and let him have what he wanted. In the property and debt list he took the car and the loan and we parted ways.
Well a year later the car was still under my name and financed under my name. I thought that the property and debt list implied that he had to legally and financially take responsibility for the property awarded him in the divorce. So I took him to court under an order to show cause that he was violating our divorce decree.
My ex is in the military and being a military town the judge took favor on him and said he was not going to penalize him because he didn't want to hurt his military career. I appeared to the hearing by phone because I moved out of the state after the divorce. The judge gave him two more months to refinance the loan and register the car in his name. Well the next hearing came around and my ex was full of excuses again so he got two more months. The hearing is set for a month from now and I know for a fact nothing is done. In a passionate angry fury, I wrote the judge a 5 page typed single spaced letter about how my ex is a lying manipulator and how he thinks this is a big joke, citing his Facebook statuses and our phone conversations post the last two hearings. The judge's secretary called me and said she isn't going to give the judge the letter and if I have anything else to add to the case I will have to submit a new motion.
Im a young college student I don't have the time or money to get an attorney or to go to his state to go to court. By but phone I feel like no one is taking me seriously and Im not getting the proper chance to voice my stance on the situation. I just called my ex to ask him the status of everything and he was just rude about it all and giving me more of his sob story excuses.
Im so frustrated. What can I do???
modification of visitation
My son is 16 and his father just served me with OSC for modification of visitation papers. We currently share 50% custody. Is there a way to have my sons wishes be heard. His father also has an attorney. We have been going to court for 13 years off and on witch has resulted in over 50,000 in attorney fees for me. I really can't afford hiring him again. Can you please tell me my options if there are any? Also I was served 6/6 and court is 6/16 . how much notice does he have to give me? Im just worried not enough time as I am trying to do this myself and not sure where to start?
Children responsible for parent's debt???
When I was 16 started working and got my first checking account. My father cosigned because I was a minor. Now 3 years later my father has a collection agency after him and they took my entire paycheck from my account plus some. All the activity in this account is mine he does not deposit or take money from it. Is there anything I can do besides trying ot collect from my father????