Results 1 to 7 of 7
  1. #1

    Default How to Recover Money from a Craigslist Counterfeit Item Purchase

    My question involves a consumer law issue in the State of: California

    Hello All,

    Long story but I'll do my best to make it short. About two weeks ago I was placing and replying to craigslist ads for wholesale items that I resell on ebay and amazon. I contacted a seller who we'll name Scammer 1, he replied and answered some questions to sell me some vitamins that are extremely hot right now and moving quickly after negotiating we decided on a price equating to $1250 total. We decided on a meeting place where scammer 1 was going to have his business partner scammer 2 bring the product. Scammer 1 was very professional nice and well dressed, scammer 2 walked up in tattered clothes and was generally unprofessional. He had forgotten some of the product and left me with only $1150 worth of product. While scammer 2 was bringing some of the product i was immediately suspicious that the product was counterfeit but I was convinced with very very close packaging and an invoice from the company.

    Fast forward a week and I had determined through the company and my products being removed from ebay that the items are counterfeit. I contact my main point of contact scammer 1, who tries to contact scammer 2 about the product. Scammer 2 does not reply, but scammer 1 continues to converse with me and declares constantly that he had no idea and had been selling this product, as well as some of his family had been taking the product.

    During the transaction, scammer 1 signed an invoice stating what was paid and accepted my cash. I then find out that scammer 1 was only paid $200 of the $1150 and scammer 2 took the remaining as he was the one who ordered the product. Scammer 2 has not replied and I have filed a police report. At this point, do I have any case in small claims to getting my money from scammer 1? Scammer 2's name was on the original invoice to the company but I highly doubt that it is his real name, and I'm unsure of how to track him down.

  2. #2
    Join Date
    Sep 2010
    Posts
    18,926

    Default Re: Craigslist Counterfeit Item Sale

    Craigslist. You'll never find a more wretched hive of scum and villainry.
    Absent knowing who you dealt with, you're not going anywhere with legal action. Next time, vet your suppliers a bit more carefully.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,438

    Default Re: Craigslist Counterfeit Item Sale

    Your contract was with scammer 1. Scammer 2 acted as an agent of scammer 1 in any activity that involved you. Your action is against scammer 1.

    I am curious as to the statement that this is a counterfeit product. Are you stating you sold trademark named product and the contents of the package were in fact not that trademark named product?

    or is it that your product was claimed to contain some specified item and in fact didn’t contain said item?

  4. #4
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Craigslist Counterfeit Item Sale

    Quote Quoting Beastytechpb
    View Post
    scammer 1 signed an invoice stating what was paid and accepted my cash.
    Then Scammer 1 is who you sue for $1250.

    Good luck ever seeing your money again.

  5. #5

    Default Re: Craigslist Counterfeit Item Sale

    Vitamins? The 13 traditional vitamins are dirt cheap. I'm assuming you are referring to supplements. Supplements are 99% a scam as it is, and the "hot" ones are rife with counterfeiting (and even the genuine product is an expensive way to get base nutrients). As others have suggested, you will likely have a difficult time locating either "scammer" to try and pursue legal action. Odds are that both of them knew exactly what they were doing, and since you happened to be the one selling to customers, you are the one getting called out. Deal with reputable vendors and go with your instincts next time something sounds too good to be true.

  6. #6

    Default Re: Craigslist Counterfeit Item Sale

    Quote Quoting jk
    View Post
    Your contract was with scammer 1. Scammer 2 acted as an agent of scammer 1 in any activity that involved you. Your action is against scammer 1.

    I am curious as to the statement that this is a counterfeit product. Are you stating you sold trademark named product and the contents of the package were in fact not that trademark named product?

    or is it that your product was claimed to contain some specified item and in fact didn’t contain said item?

    They were advertised as a name brand trademark item and the items were counterfeit according to the company. Likely a china knockoff with branding that was nearly exact as the original company/brand.

    Scammer 1 is being communicative with me, and legitimately did not know the items were counterfeit i feel. He does however, work for a lawfirm and is going to law school. I found this out long before this issue arose. Do I have any chance at getting my $1150 back? Scammer 1 allegedly only was paid $200, am I better off having him give me my $200 back and call it a day? Another thing with all of this, is it happened in a different county 1.5 hours away from my home, is pursuing legal action considering transportation even worth it? Can I sue for more damages?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,438

    Default Re: Craigslist Counterfeit Item Sale

    It makes no difference what scammer one was paid. He could have lost money yet still be on the hook to you. You have no recourse against scammer two because you had no contract with scammer 2. Your only contract was with scammer one and thatvis that is where you seek your remedy from

    whether it is worth persuing is something you have to decide. You won’t be awarded more than your actual losses regarding purchasing the product.


    I will say that if the guy actually works for ab attorney I believe you have an advantage. I doubt he wouldn’t want his employers to know he is involved in unlawful activities.

    Now, I’m not suggesting exposing him or threatening to expose him. That would end up being seen as extortion. It’s just I would think he would be concerned his employer will find out about his activities if this goes to court.

    1. Sponsored Links
       

Similar Threads

  1. Pawn Shops: How to Recover Money from a Pawn Shop for Sale of Stolen Item
    By astroprojector in forum Consumer Law
    Replies: 5
    Last Post: 10-09-2015, 05:26 PM
  2. Fraud: Sold Counterfeit Merchandise by Somebody on Craigslist
    By tj32422 in forum Criminal Charges
    Replies: 3
    Last Post: 08-04-2015, 08:31 AM
  3. Private Sales: Sale of Counterfeit Goods Through Craigslist
    By thatsnailguy in forum Consumer Law
    Replies: 26
    Last Post: 04-12-2014, 09:58 AM
  4. Stolen Property: Sold Stolen Item on Craigslist
    By boozer12 in forum Criminal Charges
    Replies: 2
    Last Post: 11-04-2012, 05:19 PM
  5. Copyright Law: Counterfeit Item Sold Through Our Marketplace Website By A Member
    By Mighty in forum Intellectual Property
    Replies: 1
    Last Post: 07-17-2007, 10:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources