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Can I file a lawsuit on the grounds of fraud even though paypal only gives 45 days and I purchase item back in May?

I purchased what I thought to be an ipod from a seller in Canada who had 100% possitive feedback on ebay. I won the auction and payed the seller. Once I received the "ipod" it looked like a real ipod. I only found out this past saturday that it was a knock-off after taking it in to my local apple store to have it serviced. I files a claim in paypal and they closed it since it has already been past the 45 days they give you to file a claim. I want a refund of the purchase price because the so called ipod wont even turn on unless it is connected to a power source. I have also tried contacting the seller an have not received an answer. Please Help.

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Attorney answers (2)

Reputation Level 20
The seller is the responsible party here. They live in Canada, and an Ipod is probably not worth the cost of a lawsuit here. This is unfortunate, but the cost benefit does not make sense. If you paid with a credit card, make sure you file a complaint with them. Also, give negative feedback on ebay so that this won't happen to anyone else. It wouldn't hurt to notify ebay also. They are pretty good about getting on sellers that sale fakes represented as the real deal. They may not allow this seller to sell unless they let you return the item. It is worth a shot. Best of luck to you.

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Reputation Level 19
Check your Ebay and PayPal terms of Service and see if there is any recourse for fraud by a Seller not withstanding the 45 day rule. Since the Seller is in Canada and you are in california, suing them over an IPOD is not economical.

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