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

San Jose, CA |
Filed under: Credit Fraud Victim rights

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

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Attorney answers 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.



Thank you very much for your reply. The problem is with the store. I used the certificate not knowing it was invalid, and nobody even told me about that, and about the store's attempt to charge my credit card. I learnt about all this in more than a year just by chance; contacted ebay, but they couldn't help me, because it has been more than a year (they have 45 day policy for such situations) and that seller was already deleted from the system. The store barred me unfairly making me responsible for everything and not willing rethink the situation unless I pay out of my pocket. Is there anything I could do?

Nicholas Basil Spirtos

Nicholas Basil Spirtos


I am really not sure what to tell you. You can try to work it out with the store, or just shop somewhere else.

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