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What are my rights and responsibilities as a victim of triangulation scam?

San Jose, CA |

I bought an e-gift certificate on ebay and used it in an online store. Later it turned out that the cert. was bought using stolen credit card info. 2 weeks after my purchase using the cert., the store charged my credit card for the amount of the cert. My bank blocked this attempt. I didn’t know anything about that: neither my bank nor the store informed me. I’ve learnt about all this in over a year. Since it was more than a year ago, I could not resolve the issue with ebay. Currently the store wants me to pay the money the cert. was worth out of my pocket, or choose not to pay and have my account cancelled forever. What are my rights and responsibilities in this situation? Can I leave everything as is, or it could have some potential problems in the future for me? What should I do? Thanks

Attorney Answers 1

  1. Is your problem with the store, or with ebay?
    If you bought the gift certificate and had no reason to know it was invalid, then you would not be responsible for that. If you used the certificate knowing it was invalid, then ebay and the store would be justified in barring you from further transactions.
    Ebay has policies and procedures for this type of situation. Check on ebay's site and follow those procedures.

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